IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

Plaintiff,

JOANN SULLIVAN, et al., Plaintiff Intervenors,

v.

)

C")

~ $

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)

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~-

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..0

)

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n. "

~

) CIVIL ACTION NO. 97-m9-CB-~

OUTRIGGER RESTAURANT, INC.,

)

SKILSTAF, INC.,

Defendants.

)

v.

)

MARVIN 1. RATCLIFF, JR.,

)

Third-Party Defendant. )

ORDER This matter comes before the Court on SkilStafs Submissions in Support of Damages (Doc. 110) and Outrigger's Objection to Submissions in Support of Damages (Doc. 111). Procedural Background On January 10, 2000, this Court granted summary judgment in favor of SkilStaf, Inc., on its cross claim for contractual indemnity against Outrigger Restaurant, LLC. This Court found that Outrigger was contractually obligated to indemnify SkilStaf for claims of damage asserted against SkilStaf in the underlying Title VII racial discrimination suit and expenses including court costs and attorneys' fees. The indemnity provision provides that "[Outrigger] agrees to [unconditionally] indemnify, defend, and hold [SkiIStaf]...harmless from any liability, expense

(including costs and attorneys' fees) and claims for damage of any nature whatsoever...which [SkilStaf] may incur, suffer, or become liable for, or which may be asserted or claimed against [SkilStaf] as the result of the acts, errors or omissions of [Outrigger] including, without limitation,...any violations of federal, state, and local labor laws."
In granting summary judgment on the cross-claim, this Court directed SkilStafto submit a statement of the amount due under the indemnification provision including a statement of attorneys' fees and costs along with supporting documentation. On January 25,2000, SkilStaf filed a submission in support of damages which indicates that it is entitled to judgment in the amount of$463,753.11 ($150,000.00 for the settlement amount paid to the Plaintiff-Intervenors and $313,753.11 in attorneys' fees and costs) (Doc. 110). Thereafter, Outrigger filed a response advancing numerous objections to SkilStafs statement of attorneys' fees and costs (Doc. 111).
In addition to specific objections to attorneys' fees and costs, Outrigger contends that it is entitled to "set-off' because SkilStaf has entered into a pro tanto settlement with Marvin Ratcliff, another defendant in the underlying Title VII case. SkilStaf concedes that Outrigger is entitled to set-off, but argues that the set-off amount should constitute only the amount it has actually received from Ratcliff not the entire amount of the settlement. On May 23, the Court ordered SkilStaf to file under seal the settlement agreement with Ratcliff in order that the Court may assess the amount of set-off due. Amount of Indemnification Due
In its statement in support of damages, SkilStaf submits that it is entitled to judgment in the amount of$463,753.11, which consists of$150,000.00 for the settlement amount paid to the Plaintiff-Intervenors and $313,753.11 in attorneys' fees and costs. To support the statement of
2

attorneys' fees and costs, SkilStaf provides invoices for services rendered and expenses incurred while defending the claims of racial discrimination by the EEOC and Plaintiff-Intervenors and attempting to enforce the indemnity provision. Outrigger does not object to judgment in the amount of the settlement paid to the Plaintiff-Intervenors, but makes several objections to the amount of attorneys' fees and costs submitted by SkilStaf.
The indemnification clause at issue is broad in that it provides that Outrigger agrees to indemnify SkilStaffor any liability, expense including attorneys' fees and costs, and claims for damage of any nature whatsoever. Notwithstanding this broad language, this Court finds that Outrigger is obligated to indemnify SkilStaffor only reasonable expenses, attorneys' fees and costs. Alabama Education Association v. Black, 752 So. 2d 514,518 (Ala. 1999). In other words, this Court infers a element of reasonableness into the indemnity provision; "otherwise, [indemnity] agreements that do not specifically speak to the reasonableness of an attorney fee would provide a party with a blank check." Black, 752 So. 2d at 518.
Having duly considered Outrigger's objections, the Court finds that the fees and expenses submitted by SkilStaf should be reduced in the following manner:
(1) Outrigger is obligated to indemnitY SkilStaf for the services or work of legal assistants to the extent that such work is traditionally done by an attorney. See Docuet v. Chilton County Board of Education, 65 F. Supp. 2d 1249, 1264 (M. D. Ala 1999). Accordingly, the Court reduces the amount of indemnification due by $4,203.75. This amount represents 56.25 hours of work performed by Ruthee G. Rasberry, De'teena R. Bender, and ALW, which the Court finds to be services or work that would not traditionally be performed by an attorney. In the Court's view, the remainder of work performed by legal assistants constitutes "services
3

traditionally done by an attorney," and had the assistant not completed the tasks, a lawyer's services and higher rate would have been charged.
(2) The Court finds that the amount of indemnification should also be reduced in the amount of$49.57, which was charged by the firm of Johnstone, Adams, Bailey, Gordon, & Harris for secretarial overtime. The salary or wage of a secretary is a overhead expense of a law firm and while a client might agree to pay for secretarial overtime when negotiating a fee arrangement with an attorney, the Court finds it unreasonable for Outrigger to pay for secretarial overtime under the indemnity provision.
(3) The Court finds several expenses charged by the firm of Wickliff & Hall excessive and unreasonable. The following expenses are disallowed or reduced: the $50.00 Continental Airlines upgrade for A. Martin Wickliff is disallowed; $445.00 for Jeanneret & Associates and $2,689.30 and $7,102.40 for Welch Consulting is disallowed without more information indicating what necessary professional services were provided; lodging expenses for Jonathan D. Quander on 7/17/98 for $291.08 at the Tutwiler is excessive and is reduced to $130.00; $483.69 for lodging expenses for Martin Wickliff at the Doubletree Hotel on 7/13/98 and the Tutwiler on 7/16/98 should be reduced to $260.00, especially considering there is no corresponding charge for professional services performed by Mr. Wickliff on 7/16/98 in Birmingham. Accordingly, the Court reduces the amount of indemnification by $10,671.47.
In sum, the Court finds that the amount of indemnification due should be reduced by $14,924.79. The Court finds that the remainder of the fees and costs submitted by SkilStafare reasonable and have been documented to the Court's satisfaction.
4

Amount of Set Orf Due
Having settled a third party claim for indemnity against Marvin Ratcliff, SkilStaf
concedes that Outrigger is entitled to set-off, but argues that Outrigger is only entitled to set-off
in the amount actually paid to and received by SkiIStaf.! In the public record, SkilStaf contends
that it has received $5,000 from Ratcliff and pursuant to the settlement agreement it will begin to
receive monthly payments beginning in December 2000 for an additional $45,000. SkilStaf
contends that "upon said payments, Outrigger would be entitled to set-off the amounts of each
such payment attributable to the $45,000 settlement figure." (Doc. 113). In addition, on March
16, 2000, SkilStaf filed a proposed judgment with this Court noting that as a condition of
settlement, Ratcliff consented to entry ofjudgment in favor of SkilStaf in the amount of
$195,000. Pursuant to the settlement agreement, the $45,000 figure is part of the $195,000
consent judgment.
It is well settled that a non-settling joint tortfeasor in Alabama is entitled to set-off once a
the injured party enters into a pro tanto settlement and release agreement with another joint
tort-feasor. Anderson v. Kemp, 279 Ala. 321,184 So.2d 832 (1966). In fact, such a joint
tortfeasor entitled to post judgment relief for the pro tanto settlement even if he was unable to
! For support SkilStaf cites to Green v. Hanover Ins. Co., 700 So. 2d 1354 (Ala. 1997) and Torch v. McLeod, 665 So. 2d 934 (Ala. 1995). SkilStafcontends that the Green Court held that "judgment amount was due to be reduced by the amount of monies that is actually paid and received pursuant to the settlement." (See Doc. 115). While the Green court noted that the Plaintiff "received ajudgment in his favor in the amount of$3,350,000, less a $500,000 set-off ...for monies previously paid through the pro tanto settlements, leaving an unpaid judgment of $2,850,000" in its recitation of the procedural facts of the case, this statement cannot and should not be elevated to a holding. Likewise, this Court fails to see how Torch stands for the proposition that any set-off amount for a non-settling joint tortfeasor must be limited to the amount actually received at the time judgment is entered against that non-settling tortfeasor.
5

plead and prove the settlement at trial because the terms of the settlement were not final. Hardman v. Freeman, 337 So. 2d 325, (Ala. 1976). "The relief to which the joint tort-feasor is entitled is a set-off in the amount o/the pro tanto settlement against the amount of the verdict." Campbell v. Williams, 638 So. 2d 804,812 (Ala. 1994) (emphasis added).
According to the foregoing, the Court rejects the suggestion that the amount of set-off due to Outrigger must be limited to $5,000, the amount paid to date under the settlement. Instead, the Court finds that the set-off amount should be the "amount of the pro tanto settlement." See Campbell, 638 So. 2d at 812. SkilStaf, in essence, asks this Court to enter two enforceable judgments, the judgment against Outrigger and one consent judgment against Ratcliff, which together would clearly exceed the amount it is due. To the extent SkilStaf argues that the situation is remedied because the judgment against Outrigger would, in essence, be altered every time Ratcliff made a payment under the settlement, the Court is unwilling to invite such unnecessary post-judgment litigation. At the request of SkilStaf, a partial consent judgment against Marvin Ratcliff in the amount of $195,000 has been entered by separate order this date. In addition, Ratcliff made a payment to SkilStaf in the amount of $5,000. Accordingly, the Court finds the amount of set-off to be $200,000. Conclusion
The Court finds that the amount of indemnification should be reduced by $14,924.79 and that Outrigger is entitled to set-off in the amount of $200,000 in light ofSkilStafs pro tanto settlement with Ratcliff. Accordingly, SkilStaf is entitled to judgment in the amount of $248,828.32 on its cross-claim for indemnity. Judgment is entered by separate order this date.
6

This order concludes all matters in this case, and the Clerk is instructed remove it from the active docket of the Court.
DONE this the A~ay of June, 2000.
CHIEF DISTRICT JUDGE
7

 
 IN THE UNITED STATES DISTRICT COURT F0RUr¥ft,STRICT COURT

SOUTHERN DISTRICT OF ALABAMA

SO. DISt AL.

SOUTHERN DIVISION

MOBILE, At 36602

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

Plaintiff,

)

JOANN SULLIVAN, et al.,

)

Plaintiff Intervenors,

)

ZOOO JUN 1q P 12: 5lt FILED
CLERK'S OFFICE

v.

) CIVIL ACTION NO. 97-1189-CB-M

OUTRIGGER RESTAURANT, INC.,

)

SKILSTAF, INC.,

Defendants.

)

v.

)

MARVIN L. RATCLIFF, JR.,

)

Third-Party Defendant. )

PARTIAL CONSENT JUDGMENT On December 29, 1997, the Equal Employment Opportunity Commission (EEOC) filed suit in this Court against Outrigger Restaurant, L.L.C. (Outrigger) and Employer Accounting Services, as successor to SkilStaf, Inc., (SkiIStaf), alleging racially hostile environment, retaliation, a segregated work place and constructive discharge under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. Both Outrigger and SkilStaf denied in substance that they discriminated against any individual or class of individuals. On or about April 29, 1998, the PlaintiffIntervenors filed a Complaint in Intervention in this Court alleging that they were discriminated against on the basis of race by being subjected to racially hostile environment, retaliation, a segregated work place

and constructive discharge under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, and 42 U.S.c. § 1981.
On or about September 24, 1998, Defendant SkilStaffiled a motion for leave to file a cross claim against Defendant Outrigger along with an attached cross claim. The motion was granted. Subsequently, on December 7, 1998, Defendant SkilStaffiled a motion for leave to file a second amended cross claim against Defendant Outrigger and third party claim against Marvin Ratcliff, with an attached second amended cross claim and third party claim attached. The motion was likewise granted.
By the entry of a consent decree from this Court dated September 7, 1999, the litigation filed by the EEOC and the Plaintiff Intervenors against SkilStafand Outrigger was resolved. As a result of the resolution of the underlying claims, the only matters which remain pending in this Court are SkilStafs cross claims against Outrigger for indemnification and SkilStafs third party claim against Ratcliff for indemnification. By separate order entered this date, judgment has been entered on SkilStaf s cross claim against Outrigger for indemnification.
SkilStaf has settled its third party claim against Ratcliff. In recognition of this settlement, the parties have executed a Settlement Agreement and Release. In conjunction therewith, and as a condition of the settlement, Third Party Defendant Ratcliff consented to entry of a judgment against himself in favor of Third Party Plaintiff SkilStaf for the sum of $195,000, with each party to bear his or its own costs.
Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that judgment be and hereby is entered in favor of Third Party Plaintiff, SkilStaf, Inc., and against Third Party
2

Defendant, Marvin Ratcliff, for the sum of $195,000. The parties to otherwise bear their own costs.
DONE this the \C{~day of June, 2000.
3

 
 IN THE UNITED STATES DISTRICT COURT FOR T~~\S\R\C1 CO\.\R1'

SOUTHERN DISTRICT OF ALABAMA U.· SO. O\Sl ~~G02

SOUTHERN DIVISION

,",O\3\Lt.. ~

EQUAL EMPLOYMENT OPPORTUNITY )

l~~~ J\i\\ \q P \2t '3\;\

COMMISSION,

Plaintiff,

)

CLERf~\'LSEOOff\CE..

JOANN SULLIVAN, etal.,

)

Plaintiff Intervenors,

)

v.

) CIVIL ACTION NO. 97-1189-CB-M

OUTRIGGER RESTAURANT, INC.,

)

SKILSTAF, INC.,

Defendants.

)

v.

)

MARVIN L. RATCLIFF, JR.,

)

Third-Party Defendant. )

JUDGMENT

In accordance with the separate order entered this date and the order entered on January

10, 2000, it is hereby ORDERED, ADJUDGED, and DECREED that judgment be and hereby

is entered against the Outrigger Restaurant LLC and in favor of SkilStaf, Inc., in the sum of

$248,828.32.

DONE this the \C\~day of June, 2000.
c=(b-& CHIEF DISTRICT JUDGE

 
 .. '..

US 0151 RleT COURT
IN THE UNITED STATES DISTRICT" ·cbJm1,)IST. Al. FOR THE SOUTHERN DISTRICT OF ~IU1AAL 36602
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Plaintiff,
VB.
Outrigger Restaurant, Inc., and Employer Accounting S~rvices Com. Inc. as successor to Skilstaf, Inc.
Defendants.

]

FILED ,..

]

CLER'r,'S OFFICt.

]

] civil Action No.

~

07-- }I~q ~ c/3 -r"r\

] ]

]

COMPLAINT

]

]

]

]

]

]

JURY TRIAL DEMAND

]

]

NATURE OF THE ACTION
This is an action brought under Title VII of the civil Rights Act of 1964, to correct unlawful employment practices on the basis of race and to make whole Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles I Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge and a class of employees aggrieved by the unlawful practices. The
I
Defendants discriminated against Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michae.l Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge and other similarly situated individuals by subjecting them to raciallly hostile harassment, retaliation, a segregated workplace and constructive discharge.

~.
~·-1
The Defenda.nt employers also failed to maintain records as specified by Title VII regulations, 29 C.F.R. § 1602, in violation of § 709(c) of Title VII.
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 §§ 704(a), 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f) (1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. section 1981A. 2. The unlawful employment practices alleged below were and. are now being committed within the United States District Court for the Southern District of Alabama, Southern Division.
PARTIES 3. The Plaintiff, Equal Employment Opportunity Commission (the IICommission ll ) I 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) (1) 0 f Tit1e VI I, 42 U. S . C. § 2000 e - 5 (f) (1) . 4. At all relevant times, the Defendants, Outrigger Restaurant and Skilstaf, Inc., (the "Employers II) have been doing business in the State of Alabama and the City of Orange Beach, and each has had at least fifteen (15) employees. 5. At all relevant times, the Defendant Employers have continuously been and are now employers engaged in an industry
2

('\
\1
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, Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson and Louis Etheridge filed Charges of Discrimination with the Commission alleging violations of Title VII by the Defendants. All conditions precedent to the institution. of this lawsuit have been fulfilled. 7. Since on or about March 8, 1995, the Defendants have engaged in unlawful employment practices at their Orange Beach, Alabama facility in violation of §§ 703(a) (1) , 704(a) and 709(c1 of Title VII, 42 U.S.C. § 2000e-2 (a) (1), 3 (a) and 8 (c) . Thes.e practices include subjecting the Defendants' employees, to a racially hostile environment, retaliation, a racially segregated workplace and constructive discharg~. 8. The effect of the practices complained of above has been to deprive Gregory King I Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyle~, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge and other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees, because.of their race and in retaliation for their protest of racial harassment.
3

-

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9. The unlawful employment practices complained of above were intentional.
10. The unlawful employment practices complained of above were done with malice and/or reckless indifference to the federally protected rights of Gregory King, Earlene Millender, JO~1n Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrona Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge and other similarly situated individuals.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, their officers, agents, successors, assigns and all persons i.n active concert or participation with them, from engaging in any employment practices which discriminate on the basis of race, which retaliate against persons because they refuse to submit to racial harassment and/or because they report the racial harassment or which cause the Defendants to fail to keep such records required by §709(c) of Title VII. B. Order the Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for all of their employees regardless of race and which eradicate the effects of their past and present unlawful employment practices. C. Order the Defendants to make whole Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace
4
-----------------------------------

f'

.,

KyleQ, Tyrone PearBon, Henry Sullivan, Michael JackIlJC:m, Louis Etheridge and all tothsr similarly eituated individuald adversely affeoted Or aggroeved by the unlawful .mployment praoticeD deec;ribed aboVQ by providing, where appropriate, back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief nctcefllllary to eradicate the effects of their unlawful employment praotices, including but not limited to
rein~tatement.
O. Order the Oefendants to make whole Gregory King, Earlene Millender, JoAnn Sullivan, Oeloiee Porter, Michael Watson, Wallace Kyles, Tyrone Pellrson, Henry Sullivan, Miohael Jackson, Louis Etharidge and all aimilarly situatod individuals adversely affected or aggrieved by the unlawful employment practicea descrihQd above by providing compensation for pa~t and future pecunia~~ loases, including medical expeneeB and job search expenges.
E. order the Defendants to make ~hole\ar.gory King, Earlene Millendl!lr, JoAnn Sullivan, Deloise Porter, Michael Watson, Wa.llac~ Kyles, Tyrone Pellreon, Henry Sullivan, Michael Jackson, Louis Etheridge and all eimilarly situated individuals adversely affected or aggrieved by the unlawful employment pra~ticas described above by providing them with compensation for non-pecuniary lOCUilel!, inclUding pain and suffering, emotional distress, humiliation, isolation, depresgion, lose of credit, and 10•• ot enjoyment of life.

5

- - _.. _~_ ..--~------~-_._-----_.~._-------_._--_

- - - - . . . - - ~._---~--

--~---------- -

F. Order the Defendants to pay Gregory King, Earlene Millender, JoAnn Sullivan, Deloise porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge and all eimilarly ~ituated individuals adversely affected
or aggrieved by the unlawful employment practices described above
punitive damages for their malicious and/or reckless conduct, in an amount to be determined at trial.
G, Grant such further relief as the Court d@ems neoessary and proper.
H. Award the Commi9~ion its costs in thi8 Motion.
quay TRIAL DEMAND The Commission requesta a jury trial on all questions of fact raised by the Amended Complaint.

"3"i'.~'

f=:~ t Respectfully submitted t C. GREGORY STEWART General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "1. 11 Streett Northwest Washington t DC 20507
~J~e RO. SEK~ (::n,..A~"/ Regional Attorney
JILL LOLLEY VINCENT Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1900 Third Avenue t North Birmingham t Alabama 35203-2397 Telephone: (205) 731-1299
7

 
 IN THE UNITED STATES DISTRICT COURT
FbR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EOLJAL EMPLOYMENT OPPORTUNITY

]

COMMISSION

]

]

Plaintiff,

]

]

J

J

JoAnn Sullivan, Wallace Kyles;

]

et.a!.

]

J

Plaintiff-Intervenors

]

]

]

vs.

J

J

]

Outrigger Restaurant, Inc.,

J

and Employer Accounting

]

Services Com. Inc. as

]

successor to SkilStaf, Inc.

J

]

]

Defendants.

]

J

CONSENT DECREE
I
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et~, guarantees workers that they will be free from employment discrimination on the basis of
race. On December 29, 1997, the Equal Employment Opportunity Commission
("EEOC") filed suit in this court against The Outrigger Restaurant, L.L.C. (Outrigger) and

Employer Accounting Services, as successor to SkiiStaf, Inc. (Ski/Staf). The EEOC's' complaint alleged that Outrigger and Ski/Stat had discriminated against Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge and a clas~ of similarly situated individuals by subjecting them to a racially hostile environment, retaliation, a segregated workplace and constructive discharge. The complaint also alleged that the Defendant
employers failed to maintain records as specified in Title VII regulations, 29 C.F.R. § 1602, in violation of § 709(c) of Title VII.
The Outrigger and SkiiStaf both denied in substance that they discriminated aga'inst. Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace ~, Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge and a class of similarly situated individuals.
On or AboutApril29, 1998 Gregory King, Earlene Millender, JoAnn Sullivan, Delojse Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackso.n, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting and Mark A. Vannasdall (hereinafter the Plaintiff-Intervenors) filed a Complaint in Intervention alleging that they were discriminated against on the basis of race by being subjected to a racially hostile environment, retaliation, a segregated workplace and constructive discharge in violation of Title VII of the Civil Rights Act of 1964, as amended and 42 U,S.C. Secti?n 1981. Louis Etheridge, Michael Watson and Ahmad Rasheed are not represented by the Plaintiff-Intervenors' counsel. On or about March 24, 1999, the· Plaintiff, EEOC identified Julie Tipton as an aggrieved individual similarly situated to the Charging Parties.
2
...""''"--,--------------------------------

On or about September 24, 1998, Defendant SkilStaffiled a Motion for Leave to File a Cross Claim against Defendant Outrigger. The Motion was granted.
On December 7, 1998 Defendant SkilStaffiled a Motion for Leave to File a Second Amended Cross Claim Against Defendant Outrigger Restaurant, L.L.C. and Third Party Claim Against Marvin Ratcliff. On or about December 8,1998 the Motion was granted.
I. GENERAL PROVISIONS The Plaintiff, Plaintiff~lntervenors and Defendants are desirous of settling this action by Consent Decree and agree to the jurisdiction ofthis court concerning all issues involving the violations alleged in the several complaints This Decree, being entered with the consent of the EEOC, the Plaintiff~lntervenors, Outrigger and SkilStaf shall not constitute an adjudication or finding on the merits of the case, and shall in no manner be construed,as an admission by Outrigger or SI<ilStaf of any violation of the Title VII of the Civil Rights Act of 1964, as amended, or other applicable, federsllaw. This Decree is binding upon the EEOC, the Plaintiff-Intervenors, Outrigger and SkilStaf as to the issues resolved, as well as upon their successors and assigns and persons in privity. The issues resolved by this Decree are those which were alleged in the Charges of Discrimination numbered 130-96-0840, 130-96-0841, 130-96-:0842, 1130-960853, 130-96-0854, 130-96-0855, 130-96-0918, 130-96-0951, 130-96-0954 and 130-961081 and asserted in the Complaint and/or Complaint in Intervention in the above styled lawsuit.
3

The Court being fully advised of the premises doth Order, Adjudge and Decree as follows:
II. SPECIFIC PROVISIONS A. This Court has full jurisdiction to decide this controversy as to the EEOC the Plaintiff-Intervenors, Outrigger and SkiiStaf. This Court will retain jurisdiction for the next two (2) years so that any dispute arising out of the administration of this Decree can be adjudicated. B. Outrigger will immediately post the Notice attached hereto as Exhibit 1IA" in a prominent and conspicuous place, visible to all employees. Outrigger will post the notice at Outrigger's Orange Beach, Alabama facility for a period of two years after the entry of f this Decree. C. SkilStaf will pay the Plaintiff-Intervenors and other identified aggrieved individuals'a total of $150,000.00 as monetary settlement of this lawsuit and any claims arisi'ng out of EEOC Charge numbers 130-96-0840, 130-96-0841, 130-96-0842, 1130~f~6~ 0853, 130-96-0854, 130-96-0855, 130-96-0918, 130-96-0951, 130-96-0954 and 130-96~ 1081 (hereinafter the underlying Charges). The amount of each check(s) shall be made payable as directed by counsel for the EEOC for Plaintiff-Intervenors Michael Watson and Louis Eteridge and for identified aggrieved individual Julie Tipton. The check(s) for the remaining Plaintiff-Intervenors, other than Ahmad Rasheed, shall be made payable as directed by counsel for the same. The checks to the Plaintiff-I ntervenors and Julie Tipton will be mailed within 15 days of approval by the Bankruptcy Court (see below) and entry , of the Consent Decree by the District Court (whichever comes last). A copy of the check(s) , and the certified mail receipt evidencing payment will be mailed to Pamela K. Agee, Senior
4

Trial Attorney, EEOC, Birmingham District Office, 1900 Third Avenue, North, Birmingham,

Alabama 35203. As a condition for receiving the monetary relief provided for herein, each

Charging Party, Plaintiff-Intervenor and/or aggrieved individual shall sign a Release as to

any and all claims arising out of the underlying Charges and this lawsuit.

D. The EEOC has agreed that the amount payable to Ahmad Rasheed is sufficient

monetary compensation based on the circumstances of the case. Within fourteen days

days after the entry of this Decree, the EEOC will send a Release to Ahmad Rasheed

explaining that he has fourteen days from the receipt of the Release to sign and return the

Release to the EEOC in he chooses to accept the amount indicated on said Release, tf

Ahmad Rasheed disagrees with the Commission's assessment of his case and does not l

sign the Release within fourteen days of his receipt of that Release, then the EEOC will

issue Ahmad Rasheed a Notice of Right to Sue. If Ahmad Rasheed fails to sigl"'i the

Release, then his claims in this lawsuit shall not be affected by this Consent Decree and

he may pursue any claims that he may have on his own. Additionally, if Ahmad Rasheed

fails to accept the terms of this Consent Decree, his share of the settlement shall revert

back to SkiiStaf.

E. The Defendants shall not retaliate in any manneragainstthe Plaintiff-Intervenors

or any person who participated in this lawsuit or in the investigation of the Charges

underlying this lawsuit.

.

.

F. Neither Outrigger nor SkilStaf will use race as a factor when filling any

position. Outrigger specifically will not use race a factor when filling waiter, waitress, hostr hostess and/or bartender positions.

5

&:u:'l.-&:i(,

---'-_..___--

J
G. During the period from September 1,1999 through October 31,1999 and May 1, 2000 and October 31, 2000 Outrigger will supply bi-monthly reports to the EEOC detailing the individuals hired during the previous two month period and stating the race and position of each individual. Outrigger will retain its applications for all waiter, waitress, host, hostess and bartender positions and the applications of those who expressed no preference in any particular job position at its Orange Beach location during the course of this Decree. Outrigger agrees to allow the EEOC to inspect these applications at· a reasonable time in order to monitor compliance with the Decree.
H. Within three months of the signing of this Decree, and at least once a year
thereafter for at least two years, Outrigger will provide training to its management!" employees on Federal Employment Laws, including racial harassment, retaliation and . segregated workforce in the form of at least one four-hour seminar by instructors of eaeh of its choice who are competent to do so. The employees who attend the traininlil sessions will be required to sign an attendance roster. Outrigger agrees that copies of said· roster and an outline or program of the training course shall be mailed to Pamela K. Agee, Senior Trial Attorney at 1900 3rd Avenue, North, Birmingham, AL 35203 within one month of the day of the training.
I. SkiiStaf will continue to provide training to its management employees on an annual basis on Federal Employment Laws, including racial harassment, retaliation and segregated workforce, in the form of at least one four-hour seminar by instructors of its choice Who are competent to so. The employees who attend the training sessions will be required to sign an attendance roster. SkilStaf agrees that copies of said roster and an
6
-=------------------------ ._. _--.._.. _-

outline or program of the training course shall be mailed to Pamela K. Agee, Senior Trial

Attorney at 1900 3rd Avenue, North, Birmingham, AL 35203 within one month of the

training.
J.

to Outrigger will develop a harassment policy and complaint procedure, be

reviewed by the Equal Employment Opportunity Commission within sixty days of the entry

of this Decree. A copy of that policy and procedure will be given to each present employee

and to each new employee upon hiring, Additionally, the procedure will be verbally

explained to all present employees within ninety days of the entry of this Decree and to all

new employees upon hiring.

K. SkilStaf will continue· the implementation of its harassment policy and ¥

complaint procedure for use with all its direct employees, both present and new hires.

Additionally, the procedure will be verbally explained to all present employees within ninety

days of entry of this Decree and will be verbally explained to new employees upon hiring.

L. Outrigger has asserted that it is its policy to provide in response to a reference

request, only the dates of employment and the job that the employee held. However,

Outrigger shall provide the identified aggrieved individuals in this lawsuit with a reference·

upon any future employers' or entities' request, by sending a letter as outlined in Exhibit·

B to this Decree. Outrigger must respond to all requests for reference and inquiries

concerning the aggrieved individuals solely by providing a copy of Exhibit B. This provision

survives the expiration of this Decree.

M. The EEOC agrees that it will not bring any further action against Outrigger.

or SkilStaffor any class allegations which are the subject of the present complaint which

occurred prior to JUly 20, 1998, except the EEOC shall not be prohibited by this provision

7

from proceeding against Outrigger and/or SkilStaf for non-compliance with any provision of this Decree. In addition, the EEOC acknowledges that as of August 18,199, there were no pending charges against Outrigger and/or SkiiStaf involving the issues in the case at bar (other than the ten charges that are the subject of the instant lawsuit). The parties acknowledge that there are three pending Charges against SkiiStaf, charge numbers 130~ 98-0222, 130-98-1493 and 130~98-1467 as of the date of this Consent Decree. Those charges do not concern the specific issues in the present case and this Decree does not preclude those individuals or the EEOC from taking any action on those charges. Furthermore, this Decree shall not preclude an individual, except any of the PlaintiffIntervenors, from asserting any individual claims against Outrigger and/or SI<i1Sta'f .~ concerning issues settled by this Decree.
N. Outrigger will take steps to encourage African-American applicants to apply for its waiter, waitress, host, hostess and bartender positions as follows:
1) By notifying the follOWing organizations in and around the Orange Beach, Gulf Shores, Pensacola, Foley areas: National Association for the Advancement of Colored People Urban League, Outrigger will write to the organizations to: 1) apprize the Organ izations that Outrigger desires to recruit and hire African-American waiters, waitresses, hosts, hostesses and bartenders. 2) encourage the organization to refer Blacks who are interested in such a position.
8
_-...... "'....... -----------------------------------.
-----------------------~------

After the initial contact, Outrigger will contact these organizations at least once a year reminding these organizations of Outrigger's desire to recruit African-American applicants for the next 3 years. 2) By running newspaper advertisements for waiters, waitresses, hosts,
hostesses and bartenders. which state that Outrigger is "An Equal Employment Opportunity Employer, and welcomes men and women of all races, colors, national origins, ages and religions to apply", O. Each of the Plaintiff-Intervenors agrees that he/she will not bring any further action against Outrigger or SkiiStaffor any allegations which are the sUbject of the pre,sent Complaint in Intervention which occurred prior to July 20, 1998, except the Plaintiff ~ Intervenors shall not be prohibited by this provision from proceeding against Outrigger and/or SkiiStaf for non-compliance with any provision of this Decree. P. This Consent Decree shall not be deemed a waiver or release of any claims of SkiiStaf, Inc. against Outrigger or Marvin Ratcliff, and Ski/Staf expressly reserves all such claims against Outrigger and Marvin Ratcliff. Q. Outrigger's Agreement to this Consent Decree will be made pursuant to its Corporate requirements and or by-laws. R. The EEOC is not seeking attorney's fees or costs against Outrigger and/or Ski/Staf. Neither Outrigger nor Ski/Stafwill seek attorney fees or costs against the EEOC or the Plaintiff-Intervenors.
This Consent Decree is conditional upon receiving the approval of the payment by
Skil8taf of the amount of $150,000.00 by the Bankruptcy Court in the Southern District of Alabama overseeing Outrigger's Chapter 11 Debtor-in-Possession Petition.
9

.Ifthe terms and conditions of this Decree are violated or breached, the parties may petition the Court for further Orders, adjudication and relief in this matter.

"\1lo ~ SIGNED and ORDERED this

day of

1999.

UNITED STATES DISTRICT J
CHARLES R. BUTLER, JR.

10

By Consent:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION C. Gregory Stewart General Counsel Gwendolyn Young Reams Associate General Counsel Equal Employment Opportunity Commission
1801 ilL" Street, Northwest
hington, D.C. 20507
rney
'/Pame!a K. Agee Senior Trial Attorney Equal Employment Opportunity Commission Birmingham District Office 1900 Third Avenue, North Birmingham, Alabama 35203-2397 Telephone: (205) 731-1299

FOR PLAINTIFF INTERVENORS: Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Barbara Clarkson, Cassandra Knight, Dawn VVhiting and Mark A. Vannasdall
FOR THE OUTRIGGER L.L.C.
FOR SKILSTAF, INC.

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AFFIDAVIT OF RUSSELL WARREN
STATE OF ALABAMA) JEFFERSON COUNTY )
I, Affiant Russell Warren, being first duly sworn, and upon my oath depose and state as follows:
1. I am the majority shareholder, co-owner and co-manager of the Outrigger Restaurant, L.L.C..
2. All shares of the Outrigger L.L.C. are owned by four Individuals, Laura G. Wilson, Bart Rice, W.C. Rice and myself, Warren}Russell
3. On August 25, 1999 the four shareholders of the Outrigger Restaurant L.L.C., Laura G. Wilson (who attended by telephone), Bart Rice, W.C. Rice and myself (all of whom attended in person) had a meeting in which the settlement of the lawsuit instituted by the Equal Employment Opportunity Commission against the Outrigger Restaurant L.L.C., Civil Action Number 97-1189-CB-M was discussed and the appropriate action to be taken was decided.
4. During the aforementioned meeting, in compliance with the Outrigger L.L.C.'s corporate bylaws, the four shareholders of the Outrigger L.L.C. voted on whether to settle the above referenced lawsuit with the Plaintiff and Planitiff-lntervenors pursuant to the terms of the Consent Decree,a copy of which is attached hereto. The shareholders unanimously voted to settle the case under the terms of the Decree.

,',

I· • •

5. By unanimous agreement of the shareholders, and in compliance with the Outrigger L.L.C.'s bylaws I, Russell Warren, have been empowered to sign the above described Consent Decree on behalf of the Corporation.
6. Pursuant to that agreement and empowerment I signed the original of the Consent Decree, a copy of which is attached hereto.
Further the affiant sayeth not.
~t1Z~~~~~======.- - -
RUSSELL WARREN

1999.

a ~4ua:I= , Sworn and subscribed before me this

lJ-. day of ,

/

NOTARY PUB Ie My Commission Expires: 7-((, - 00

RELEASE

I,

, for and in consideration of the promise by Outrigger Restaurant, L.L.C.

(Outrigger) and SkiiStaf, Inc. (SkilStaf)to pay to me the gross sum of_ _1_ _of which

is back wages agree to the following:

I,

I hereby release and forever discharge, Outrigger and SkilStaf their

employees, agents, directors, officer, successors, associate and affiliates and each of

them, from any and all claims asserted in Civil Action #CV~97-1189~CB-M and EEOC

Charge Number_ _

I understand that Outrigger and SkilStaf have not admitted liability to me or to" anyone else by the payment recited herein.

This document, the Mediation Agreement and the Consent Decree filed in this lawsuit recite the full and complete terms of this agreed Release given by myself,_"_, to outrigger and SkilStaf.

Sworn and subscribed before me this

day of

NOTARY PUBLIC

My Commission Expires:

_

13

, 1999,

NOTICE
AS REQUIRED UNDER THE TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED

The Outrigger Restaurant, L.L.C. (Outrigger)in settlement of Civil Action No.: CV-97-1189w CB-M agrees to the following:
1. Federal law requires that there be no discrimination against any employee or applicant for employment, because of such person's race.
2. Outrigger supports and will comply with such federal laws in all respects and will not discriminate against any employee because of the person's race.
3. .Outrigger affirms that it is unlawful for an employer to discriminate against an employee by race in job assignment or in any other terms and conditions of employment. It further affirms that it is unlawful for an employer to in any manner retaliate against any individual who opposes or assists one in opposing race discrimination in any term or condition of employment.

Signed this _ _ day of

, 1999.

The Outrigger Restaurant, L.L.C.

EXHIBIT A

Dear (Fill in name of individual requesting the reference) Mr.lMs. (Fill in the name of the individual forwhom a reference has been requested}
was employed at the Outrigger Restaurant from (fill in the dates of employment). During the time that he/she was employed he/she held the position(s) of (fill in the position held by the individual for whom a reference has been requested).
It is the policy of the Outrigger Restaurant to provide only the above information in response to a reference request.
(Name of individual signing the letter)

EXHIBIT B

-----~-

 
 ; ;u.s, OIHrHCT coun

n)f:~:'~~ IN
FOR

THE THE

UNITED STATES DISTRICT COtmT I SOUTHERN DISTRICT OF ALABAMA"

~~I)·PIST,,:\~,
~[;IU:I },l :;br.:!!2

SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Plaintiff vs.

Civil Action NOl 97-1189~93-M

OUTRIGGER RESTAURANT, INC., Et al.'

_ _ _ _ _De_fe_ nd_ ant_s _ _ _ _ _ _1

CQMPLAI~-INwINTERVENTIQN.

I

\ ......

COMES NOW the Plaintiff - Intervenors, v Gregory Klng, Earlene

Millender, ~~Ann SUllivan,\!Deloise Porter,VMichael Watson, Wallace

. ,...Kyles, .... Tyrone Pearson, 1.·H:enry Sullivan, '."Michael Jackson, ·"touis

/.

..

Etheridge, Ahmad Rasheed, lfarbara Clarkson, I'Cassandra Knight, Dawn

.,,;;"'
Whiting and Mark A. Vannasdall (hereinafter collectively called

"Plaintiff-Intervenors") and brings forth this action against the

defendants, Outrigger Restaurant, Inc. and Skilstaf, Inc.

(hereinafter called "Defendants"), and further states as follows~

I. JURISDICTION

1. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 1311, 1343(4), 2201 and 2202, 42 U.S.C. Section 2000e et seq, and 42 U.S.C. Section 1981. This is a suit authorized and instituted pursuant to Title VII of the Act of Congress known as the "Civil Rights Act of 1964," as amended, the "Civil Rights Act of 1991," and 42 U.S.C. Section 1981. The

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jurisdiction of this Court is invoked to secure protection of, and

redress deprivation of, rights secured by 42 U.S.C. Section 2000e

et seq., The "Civil Rights Act of 1991", and 42 U.S.C. § 1981

providing for legal and equitable relief against racial

discrimination.

2.

The Plaintiffs-Intervenors, Gregory King, Earlene

Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace

Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis

Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn

Whiting and Mark A. Vannasdall, have fulfilled all conditions

precedent to the institution of this action under Title VII of the

Act of Congress known as the "Civil Rights Act of 1964, II as amended.

The Plaintiff-Intervenors filed their charges of race

discrimination with the EEOC within 180 days of.the occurrence of

the last discriminatory act. Thereafter, the EEOC brought suit

against Outrigger on behalf of Plaintiff-Intervenors and the class

they seek to represent. In addition, Plaintiff - Intervenors are

relying on their own Equal Employment Opportunity Commission (EEOC)

charges of discrimination and those of the other plaintiffs and

plaintiff-intervenors to this action.

II. PARTIES

3. The Plaintiff-Intervenors, Gregory King, 'Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson,Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, LouiE~ Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting and Mark A. Vannasdall are citizens of the United States of African-American heritage and reside in the State of Alabama ..

~ .. i
'-.-' 'f- . ''f

The Plaintiff-Intervenors were employed at all times pertinent to

this action by the Defendant, Outrigger Restaurant, Inc .. and

Employer Accounting Services Com. Inc, as successor to Skilstaf,

Inc.

4. The Defendant, Outrigger Restaurant, Inc. (Hereinafter

called "Outrigger"), is a company existing and operating under the

laws of the State of Alabama. Defendant Outrigger is also an

employer under the definitions of Title VII and 42 U.S.C. Section

1981-.

5. The Defendant, Skilstaf, Inc. (Hereinafter called

"Skilstaf") is a company existing and operating under the laws of

the State of Alabama. Defendant Skilstaf is also an employer under

the definitions of Title VII and 42 U.S.C. Section 1981.

6.

The Defendants Outrigger and Skilstaf have engaged in ':-.UI·

"industry affecting commerce" within the meaning of Section 701 (h)

of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e-(h). The

Defendants have employed at least fifteen (15) persons.

III. VENUE

7. Venue is proper in the Southern District of Alabama/ Southern Division, since Defendants are conducting business within this District and Division and this action is brought where the unlawful employment practice was committed.
IV. CAUSES OF ACTION

8. Plaintiff-Intervenors hereby adopt, and incorporate, all averments contained in the Complaint filed in this matter by the. EEOC as if fully stated herein.

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9. During all times pertinent to this lawsuit, Plaintiff-

Intervenors were employed by the Defendants, Outrigger and

Skilstaf.

10.

Defendants have discriminated against the Plaintiff-

Intervenors on the basis of race in hiring, rehiring, evaluations,

compensation, job duty assignments, recruitment, screening,

selection procedures, denial of promotions, discipline, demotions,

subjective decision-making practices, and other terms and

conditions of employment which have resulted in disparate impact

and treatment of the Plaintiff-Intervenors, and all others

similarly situated.

11.

While so employed, the Plaintiff - Intervenors were

subjected to discrimination as a result of their race which

affected the terms and conditions 6f their employment. Sa.id

discrimination was continuous and resulted in a pattern acnd

practice of discrimination by Defendants.

12.

Plaintiff - Intervenors were retaliated against as a

result of complaints against discrimination which were made against

Radcliffe and other supervisory employees of Defendants.

13.

As a result of the continuous racially hostile, working

environment and retaliation which Plaintiff-IntervenQrs were forced

to endure, working conditions became so intolerable that they were

forced to resign their positions at Outrigger which resulted in a

constructive discharge.

14. The Defendants engaged in policies and practices by and

through the management of itls company I which evidence a pattern

and practice of willful and intentional discrimination against the

--

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. , ,-_ .._'

Plaintiff-Intervenors on the basis of their race. These policies and practices include but are not limited to the following:
a) Verbally harassing the Plaintiffs, and others similarly situated, in an effort to secure their resignation and/or termination.
b) Engaging in racially hostile policies in violation of the rights of the Plaintiff - Intervenors, and others similarly situated.
c) Tolerating racial epithets by its employees resulting in a racially hostile working environment. These comments include, but are not limited to: 1. The manager and part owner of the company , Radcliffe, referred to black employees as "stupid," "stupid nigger," and "nigger." 2. Radcliffe frequently told black employees that they were "lazy" and "a bunch of worthless niggers" 3. Radcliffe referred to one of his supervisors as the "slave keeper" 4. Referring to a white supervisor as a "nigger lover" as a result of his complaints regarding the treatment of African-American employees 5 . Referring to African-American employees as "my niggers"

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.... .....................__...._"".q.".".._....... .,.._"""*J'~~~

L,,"-l,

15. The policies, practices and procedures adopted, condoned,

and ratified by Defendants were discriminatory and constituted a

continuing violation of discrimination in violation of the rights

of Plaintiff-Intervenors.

16.

The Plaintiff-Intervenors, Louis E. Ethridge, was

employed by Defendants from February, 1995, through June, 1995, as

a fry cook. During Ethridge's employment with Defendants, he was

continuously subjected to racial epithets and hostile treatment as

a result of his race. Ethridge was denied promotions and raises as

a result of his race and discriminated against in other terms and

conditions of employment. As a result of the hostile working'-

environment, Ethridge was forced to resign his position with

Defendants resulting in a constructive discharge.

17. The Plaintiff-Intervenor, Henry Sullivan, was employed

by Defendants from March, 1995, through August 1995, as the head

fry cook. During Sullivan's employment with Defendants, he vms

continuously subjected to racial epithets and hostile treatment as

a result of his race and discriminated against in other terms and

conditions of employment. Sullivan complained to his manager

regarding the racially hostile working environment and was

retaliated against as a result of his complaints resulting in his

termination. Sullivan was denied promotions and raises as a result

of his race.

18. The Plaintiff-Intervenors, Deloise Porter, was employed

by Defendants from April 12, 1995, through August 14, 1995, as the

salad preparer. During Porter I s employment with Defendants, she·

was continuously subj ected to racial epithets and hostile treatment:

as a result of her race and discriminated againet in other te~

and conditions of employment. As a. result of the raoially host.ile

working environment, Porter1e working conditions became BO

intolerable that she was forced to resign resulting in· a

constructive discharge, Porter was also denied promotions and

raises as a result of her raCe,

19. The Plaintiff-Intervenors, Tyrone Pear.son, was employed

by Defendtmts from June, 1995, throush August 14, 1995, aa the

dishroom supervisor. During Pearson's employment with Defendants,

he was continuously subjected to raoial epithets and hostile

treatment as a result of his race and discriminated against in

other terms and conditions of employment. As a result .of the

racially hostile working environment, Pearson's working conditions
became so intolerable that he was forced to resign resulting in a

cons tructive discharge. Pearson was also denied promotions and

raises as a result of his race,

was 20.· The Plaintiff-Intervenors, JoAnn SUllivan,

employed

by Defendants from July 23, 1995,thro\lgh August 30, 1995, as the

salad preparer. During SUllivan'S employment with Defendants, she

was continuously sUbjected to racial epithetsand'hollltile tr~atment

.I •

'.

ae a' result of her race anddiecriminat,ed againet iri other terms

and condition! of employment. AS' a result· of 'the racially hostile

working environment, Sullivan'S working conditions oecame so

intolerable that she was forced to reeign resulting in a

constructive discharge. Sullivan was also' ddilnied promotions and

raises as & result of her raoe.

f·· ~
\-,-.;

21. The Plaintiff-Intervenor, Gregory King, was employed by

Defendants from June, 1995, through October 3, 1995, as a cook.

During King's employment with Defendants, he was continuously

subjected to racial epithets and hostile treatment as a result of

his race. King was demoted from Cook to dish washer as a result of

his race and discriminated against in other terms and conditions of

his employment. As a result of the racially hostile working

environment, King's working conditions became so intolerable that

he was forced to resign resulting in a constructive discharge.

King was also denied promotions and raises as a result of her race.

22. The Plaintiff-Intervenor, Earlene Millender, was employed

by Defendants from May 5, 1995, through August 14, 1995, as a

dishwasher and salad line preparer. During Millender's employment

with Defendants, she was continuously SUbjected to racial epithets

and hostile treatment as a result of her race and discriminated

against in other terms and. conditions of her employment. As a

result of the racially hostile working environment, Millender's

working conditions became so intolerable that she was forced to

resign resulting in a constructive discharge. Millender was also

denied promotions and raises as a result of her race.

23.

The Plaintiff-Intervenors, Michael L. Jackson, was

employed by Defendants from February 1995, through June, 1995.

During Jackson's employment with Defendants, he was continuously

subjected to racial epithets and hostile treatment as a result of

his race. Jackson was hired as a food preparer and later

reassigned to the position of cook.

However, Jackson'$

reassignment of job duties from food preparer to cook did not

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

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result in a pay increase nor was his pay equivalent to white

employees with the same duties and responsibilities. Jackson was

discriminated against on the basis of his race by Defendants in

promotions, compensation, discipline and other terms and conditions

of his employment. As a result of the racially hostile working

environment, Jackson I s working conditions became so intolerable

that he was forced to resign resulting in a constructive discharge.

24. The Plaintiff-Intervenors, Michael watson, was employed

by Defendants from April, 1995, through August 15, 1995, Fry Line

Supervisor. During watson I s employment with Defendants, he was

continuously subjected to racial epithets and hostile treatment as

a result of his race and discriminated against in other terms and

conditions of my employment. As a result of the racially hostLle

working environment, Watson's working conditions became 80

intolerable that he was forced to resign resulting in a

constructive discharge. Watson was also denied promotions and

raises as a result of his race.

25.

The Plaintiff-Intervenors, Mark Vannasdall, a white

male, was employed by Defendants from March, 1995, through

September, 1995, as a Chef and Kitchen Supervisor. During

Vannasdall's employment with Defendants, he was continuously

subjected to racial epithets and hostile treatment as a result of

his complaints of race discrimination. Vannasdall was retaliate.d

against as a result of his complaints of racial discrimination tq

Radcliffe, and other management, and discriminated against in ot0er

terms and conditions of his employment. On or about September r 1995, Vannasdall was terminated for making complaints regarding

f· .,.

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race discrimination at outrigger and in retaliation for his

statements and compliance regarding EEOC investigations regarding.·

discrimination at Outrigger.

26. The Plaintiff-Intervenors, Dawn Whiting, applied for a·

position with Defendants for a waitress position on several

occasions beginning in June, 1995. Whiting had previous experience

as a waitress and was qualified for said position. Whiting was

told that Defendants' had no vacant waitress positions, but the

reasons provided for her rejection was pretextural since other less

qualified white individuals were hired by Defendants. Defendants

failed to hire Whiting on the basis of her race.

27.

The Plaintiff-Intervenors, Cassandra Knight, was

employed with Defendants from July, 1995 to August 1995, as· a

dishwasher. During Knight I S employment with Defendants, she was·

continuously subjected to racial epithets and hostile treatment as

a result of her race. Knight was denied promotions, raises, and

equal compensation to other employees with similar job duties and

responsibilities as a result of her race and discriminated against

in other terms and conditions of her employment. As a result of

Knight I s complaints of disparate treatment, she was retaliated

against which resulted in her termination.

28.

The Plaintiff-Intervenors, Barbara Clarkson, was

employed with Defendants from May, 1995, to February, 1996, as a

cook. During Clarkson I s employment with Defendants, she was

continuously subjected to racial epithets and hostile treatment as

a result of her race. Clarkson was denied promotions, raises,

transfers, and equal compensation to other employees with similar

,.
l-J

job duties and responsibilities as a result of her race and

discriminated against in other terms and conditions of her

employment.

As a result of the racially hostile working

environment, Clarkson's working conditions became so intolerable

that she was forced to resign resulting in a constructive

discharge.

29.

The Plaintiff-Intervenors, Ahmad Shareef Rasheed,was

employed with Defendants from March, 1996, to October, 1996. During

Rasheed's employment with Defendants, he was continuously subjected

to racial epithets and hostile treatment as a result of her race.

Rasheed- was denied raises, and equal compensation to other

employees with similar job duties and responsibilities as a result

of his race and discriminated against in other terms and conditions

of her employment. As a result of the racially hostile working

environment, Rasheed I s working conditions became so intolerable

that he was forced to resign resulting in a constructive discharge.

TITLE VII AND 42 U.S.C. SECTION 1983

30.

Plaintiff - Intervenors reallege and incorporate by

reference paragraphs 1 through 29 as if fully set forth herein.

31.

This is a claim to redress unlawful discrimination on

the basis of race in violation of Title VII and 42 U.S.C. Section

1981.

32.

Defendants have discriminated against Plaintiff-

Intervenors on the basis of their race in matters of discipline,'

subjective decision making policies, termination, and other terms

and conditions of employment which have resulted in disparate

impact and treatment of Plaintiff-Intervenors.

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

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33. Defendants' actions discriminated against the Plaintiff-

Intervenors on the basis of their race in violation of the Title

VII and the Civil Rights Act of 1991, by instituting and conducting.

a continuous, systematic pattern and practice of race

discrimination in an effort to create a hostile working environment

and resulting in Plaintiff-Intervenors' terminations.

34. Defendants are liable for the hostile working environment

which was polluted with racially harassing behavior by Marvin

Radcliffe, and other employees of Defendants. Defendants knew, or
should have known, of the proclivity ot Radcliffe, and other

employees, for harassing African-American employees. Defendants

created and supported an environment which the unlawful behavior of

Radcliffe / and others, towards African-American employees "ras

tolerated.

3 5 . Plaintiff - Intervenors complained about the racially

harassing and discriminatory conduct of Radcliffe, but Defendants

failed to take corrective action. In fact, the treatment of

Plaintiff - Intervenors by Radcliffe became more severe after

Plaintiff-Intervenors stated complaints about his

unlawful

conduct, which resulted in harsher treatment of Plaintiff-

Intervenors and Ultimately led to their termination.

36. As the direct and proximate result of the Defendants' .

wrongful actions, the Plaintiff-Intervenors were caused to suffer

lost wages, loss of future earning capacity, loss of health

benefits, loss of retirement benefits, loss of benefits in general,

loss of raises, mental anguish, loss of dignity, embarrassment,

humiliation, and other intangible injuries and other directly and

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indirectly related expenses. These losses are continuing and the

Plaintiff-Intervenors will continue to suffer such losses in the

future.

37. The Defendant's actions were intentional, wanton, and

willful.

38.

The Plaintiff - Intervenors have been forced to hire

legal services of the undersigned attorneys to enforce their rights

under Title VII and 42 U.S.C. Section 1981 and are required to pay

reasonable attorneys' fees for the services rendered herein.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff-Intervenors respectfully pray that this Court assume jurisdiction of this action and after trial:
1. Enter an order requiring Defendants to make Plaintiff·· Intervenors.whole by awarding them compensatory, punitive and/o):· nominal damages and any other appropriate relief, including, but not limited to, an award of costs, attorneys' fees and expenseH.

t-'

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~\;-. ...1

2. Grant the Plaintiff-Intervenors such other relief and benefits as the cause of justice may require.
PUAINTIFF DEMANDS TRIAL BY STRUCK JURy ON ALL CLAIMS TRIABLE BY JURY.
Respectfully submitted this 29th day of April, 1998.

OF COUNSEL: Levin, Middlebrooks, Thomas, Mitchell,
Green, Echsner, Proctor and Papantonio 316 S. Baylen Street P.O. Box 12380 Pensacola, Florida 32501 (850) 435-7131
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was mailed to Pamela Agee, Esquire, U.S. equal Employment Opportunity Commission, 1900 3rd Avenue, Birmingham, Alabama 35203-2397, Frank James, Esquire, Berkowitz, Lefkovits, Isom & Kushner, 1600 South Trust
Tower, Birmingham, Alabama 35203 and to Mr. Wayne Stark, Agent for Skilstaf, P.O. Box 729, Alexander City, Alabama 35010, by U.S. Mail, this 29th day of April, 1998.

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

fl~~ff

§

§

JOANN SUllIVAN, et al.

§

§

PIaintifflIntervenors

§

§

v.

§

§

OUTRIGGER RESTAURANT, etal.

§

§

Defendants

§

§

v.

§

§

MARVlN L. RATCLIFF, JR.

§

Third party defendant

§

f-"" :r-
<..> ~~:
t;0 I 0 - ) uc.-.)
CIVlL ACTION 97-1 ::J' -CB&r
01
U.S. DISTRICT COURT SOU. OIST ALA.
FILED IN ClfRK'S OffIce
FEB 081999
DEBORAH S. HUNT
CLERK

DEFENDANT SKILSTAF, INC.'S SUPPLEMENTAL CROSS CLAIM AGAINST DEFENDANT OUTRIGGER RESTAURANT, L.L.C. AND
THIRD PARTY CLAIM AGAINST MARVIN L. RATCLIFF, JR. 1. Defendant Employer Accounting Services Com. Inc., as successor to SkilStaf, Inc.
("SkiIStaf') brings this supplemental cross claim against defendant Outrigger Restaurant, L.L.C.
("Outrigger") and a third patfY action against an individual, Marvin L. Ratcliff, Jr. ("Ratcliff"), as
follows: 2. Outrigger has filed an answer in this lawsuit. 3. Marvin L. Ratcliff, If. is an individual and can be served at his residence, 349 Observatory
Drive in Birmingham, Alabama.

- 1-

=

mu

-----~-----------~------------ - - -

'.

4. In 1995 and 1996 SkilStaf leased employees to Outrigger. In this lawsuit, employees who

worked at the Outrigger Restaurant allege racial harassment and racial discrimination.

5.

In 1995 and 1996, Ratcliff owned a 51 % membership interest in Ou~igger. Although

Ratcliff was not a leased employee, Ratcliff was the ultimate supervisor at the Outrigger. Virtually.

all of the allegations of discriminatory harassment name Ratcliff as the perpetrator.

6. SkilStaf is not guilty of any act of harassment or discrimination.

7. If, in fact, there has been a violation of Title VII, Ratcliff, individually, Ratcliff as the agent
vn of Outrigger, or Outrigger, was the proximate or primary cause of any Title liability.

8. Accordingly, SkilStaf claims indemnification against Ratcliff and Outrigger for all claims

made by plaintiff and plaintiffs/interveners in this lawsuit. Ratcliff, Outrigger, and their successors

and assigns are liable for payment of any judgment incurred by SkilStaf in this lawsuit, and for [1.11

attorneys' fees and other costs of defense.

WHEREFORE, PREMISES CONSIDERED, SkilStaf respectfully prays that judgment be·

entered in favor of SkilStafjointly and severally against Ratcliff, Outrigger, and their successors and

assigns in the amount of any judgment against SkilStaf in this ca..<;e plus the amount of all costs and

attorneys' fees incurred by SkilStaf in defense of this case; and that SkilStaf have any other relief

to which it is justly entitled.

-2-

"RPZ"'mmn=m===

'l
Respectfully submitted, WICKLIFF & HALL, P.C.

Attorney-in-Charge

Wells Fargo Plaza 1000 Louisiana, Suite 5400 Houston, Texas 77002 Telephone (713) 750-3100 Telecopy (713) 750-3101

OF COUNSEL

ATTORNEYS FOR DEFENDANT
SKJLSTAP, INC.

Jonathan D. Quander Nathan Wesely WICKLIFF & HALL, P.C. 1000 Louisiana, Suite 5400 Houston, Texas 77002 Telephone - (713) 750-3100

Tracy P. Turner Johnstone, Adams, Bailey, Gordon and Harris, L.L.C. Royal St. Francis Building 104 St. Francis Street P.O. Box 1988 Mobile, Alabama 36633 Telephone - (334) 441-9213

'.............=

-3-

. _ - _ . _ - - - .. ---

_~~-_._-------------------~---_.-

/'
CERTIFICATE OF SERVICE
I certify I sent a copy of the foregoing document by certified mail, return receipt requested, to the following on December 7, 1998:
Pamela K. Agee Equal Employment Opportunity Commission 1900 Third Avenue, North Birmingham, Alabama 35203-2397
Bryan F. Aylstock Levin, Middlebrooks, Thomas, Mitchell,
Green, Echsner, Proctor and Papantonio 316 S. Baylen Street P.O. Box 12380 Pensacola, Florida 32501
Frank James Berkowitz, Lefkovits, Isom and Kushner 1600 Smith Trust Tower Birmingham, Alabama 35203
Mr. Ahmad Shareef Rasheed Gulf Correctional Institution 500 Ike Steele Road E2/114-L Wewahitchka, Florida 32465
Mr. Michael Watson c/o Mrs. Frances Watson 2000 West Maxwell Street Pensacola, Florida 32501
Tra$. Turner

::ODMA\SOFT'SOL\311\SOFT'SOL\143778\O jdq
------------------

- 4-

.......-.,..·".".".·'·=RCt'l\ill:t;· 'c=n····"mr;~

 
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CLOSED2000, R16MLD
U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:97-cv-01189-CB-M

EEOC v. Outrigger Restaurant, et al Assigned to: Senior Judge Charles R. Butler, Jr Referred to: Magistrate Judge Bert W. Milling, Jr Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 12/29/1997 Date Terminated: 06/19/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

represented by Pamela K. Agee Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Email: pamela.agee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Gregory King

Marc J. Rosenblum Equal Employment Opportunity Commission Office of General Counsel 1801 "L" Street Northwest Washington, DC 20507 ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz Robinson, Curley & Clayton, P.C. 300 S. Wacker Dr., Ste. 1700 Chicago, IL 60606 (312) 663-3100 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mary E. Pilcher Stein, Brewster & Pilcher, LLC P.O. Box 1051 Mobile, AL 36633 (334) 433-2002 Fax: 2514327756 Email: mpilcher@steinandbrewster.com LEAD ATTORNEY

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Intervenor Plaintiff Earlene Millender
Intervenor Plaintiff JoAnn Sullivan
Intervenor Plaintiff Deloise Porter
Intervenor Plaintiff Michael Watson
Intervenor Plaintiff Wallace Kyles
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ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address)
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Intervenor Plaintiff Tyrone Pearson
Intervenor Plaintiff Henry Sullivan
Intervenor Plaintiff Michael Jackson
Intervenor Plaintiff Louis Etheridge
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address)
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Intervenor Plaintiff Ahmad Rasheed
Intervenor Plaintiff Barbara Clarkson
Intervenor Plaintiff Cassandra Knight
Intervenor Plaintiff Dawn Whiting
Intervenor Plaintiff
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Mark A. Vannasdall V. Defendant Outrigger Restaurant, Inc.
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represented by Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary E. Pilcher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A. Martin Wickliff, Jr. 1000 Louisiana, Ste. 5400 Houston, TX 77002 (713)750-3100 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David S. Moyer Irvin Grodsky, P.C. P.O. Box 3123 Mobile, AL 36652 251-433-3657 Fax: 2514333670 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank S. James, III Baker, Donelson, Bearman, Caldwell & Berkowitz 1600 SouthTrust Tower 420 North 20th Street Birmingham, AL 35203 (205) 328-0480 Email: fjames@bakerdonelson.com TERMINATED: 06/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stanley W. Logan Berkowitz, Lefkovits, Isom & Kushner 1600 SouthTrust Tower 420 North 20th Street Birmingham, AL 35203 (205) 328-0480 LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Defendant Employer Accounting Services Com. Inc.
Intervenor Defendant Outrigger Restaurant, Inc.
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Wesley C. Redmond Baker, Donelson, Bearman, Caldwell & Berkowitz 1600 Southtrust Tower Birmingham, Al 35203 205-328-0480 Email: wredmond@bakerdonelson.com TERMINATED: 06/01/1999 ATTORNEY TO BE NOTICED
represented by A. Martin Wickliff, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonathan D. Quander Wickliff & Hall, P.C. Suite 5400 1000 Louisiana Houston, TX 77002 (713) 750-3100 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan Allan Wesely Wickliff & Hall, P.C. Suite 5400 1000 Louisiana Houston, TX 77002 (713) 750-3100 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tracy P. Turner Johnstone, Adams, Bailey, Gordon & Harris P.O. Box 1988 Mobile, AL 36633 251-432-7682 Fax: 2514322800 Email: tpt@johnstoneadams.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A. Martin Wickliff, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Intervenor Defendant Employer Accounting Services Com. Inc.
V. Movant Gregory King TERMINATED: 08/13/1998
Movant Earlene Millender TERMINATED: 08/13/1998
Movant JoAnn Sullivan TERMINATED: 08/13/1998
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Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank S. James, III (See above for address) TERMINATED: 06/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stanley W. Logan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A. Martin Wickliff, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth J. Hubertz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY
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Movant Deloise Porter TERMINATED: 08/13/1998
Movant Michael Watson TERMINATED: 08/13/1998
Movant Wallace Kyles TERMINATED: 08/13/1998
Movant Tyrone Pearson TERMINATED: 08/13/1998
Movant Henry Sullivan TERMINATED: 08/13/1998
Movant Michael Jackson TERMINATED: 08/13/1998
Movant Louis Etheridge TERMINATED: 08/13/1998
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ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY
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Movant Ahmad Rasheed TERMINATED: 08/13/1998
Movant Barbara Clarkson TERMINATED: 08/13/1998
Movant Cassandra Knight TERMINATED: 08/13/1998
Movant Dawn Whiting TERMINATED: 08/13/1998
Movant Mark A. Vannasdall TERMINATED: 08/13/1998
ThirdParty Plaintiff Employer Accounting Services Com. Inc.
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ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary E. Pilcher (See above for address) TERMINATED: 08/13/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A. Martin Wickliff, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonathan D. Quander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan Allan Wesely
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V. ThirdParty Defendant Marvin L. Ratcliff, Jr.
Cross Claimant Employer Accounting Services Com. Inc.
V.
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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tracy P. Turner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marvin L. Ratcliff, Jr. 349 Observatory Drive Birmingham, AL 35206 PRO SE
Lee Benton Benton & Centeno, LLP 2019 Third Avenue North Birmingham, AL 35203 205/278-8000 Email: lbenton@bcattys.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by A. Martin Wickliff, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonathan D. Quander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan Allan Wesely (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tracy P. Turner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Cross Defendant Outrigger Restaurant, Inc.

represented by A. Martin Wickliff, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank S. James, III (See above for address) TERMINATED: 06/01/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stanley W. Logan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wesley C. Redmond (See above for address) TERMINATED: 06/01/1999 ATTORNEY TO BE NOTICED

Date Filed 12/29/1997 01/07/1998 03/09/1998
04/27/1998 04/30/1998
05/15/1998 05/20/1998

#

Docket Text

1 COMPLAINT filed; civil rights - discrimination FILING FEE $ waved RECEIPT # (dktclerk) (Entered: 01/06/1998)
Clk opening case called the atty. to inform them to file a Ntc. of Waiver with this office when they mail it out. (jal) (Entered: 01/07/1998)
2 REQUEST FOR WAIVER of Service as to Outrigger Restaurant, Employer Accounting 3/6/98 Answer deadline projected for 5/5/98 for Employer Accounting, for Outrigger Restaurant Waiver of Service due by 4/5/98 for Employer Accounting, for Outrigger Restaurant (jal) (Entered: 03/11/1998)
3 WAIVER OF SERVICE Returned Executed as to Outrigger Restaurant (jal) (Entered: 04/30/1998)
4 MOTION to Intervene by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall referred to MJ Milling. (adk) (Entered: 05/04/1998)
5 MOTION by Employer Accounting to Extend Time to Ans. Comp. Referred to Judge Butler. (adk) (Entered: 05/18/1998)
6 NOTICE entered, endorsed motion granting [5-1] motion to Extend Time to Ans. Comp., reset Answer deadline to 6/12/98 for Employer Accounting, for Outrigger Restaurant ( signed by Chief Judge Charles Butler Jr. ) copies mailed (jal)

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05/26/1998 05/28/1998 06/08/1998
06/08/1998 06/10/1998 06/12/1998 07/28/1998 07/28/1998 08/10/1998
08/12/1998
08/12/1998
08/27/1998

(Entered: 05/21/1998)
7 MOTION by Outrigger Restaurant for A. Martin Wickliff Jr. to Appear Pro Hac Vice w/applicatin, Cert. of Good Standing, Payment, ref. Judge Butler (jal) (Entered: 05/28/1998)
8 NOTICE entered, endorsed motion granting [7-1] motion for A. Martin Wickliff Jr. to Appear Pro Hac Vice ( signed by Chief Judge Charles Butler Jr. ) copies mailed (jal) (Entered: 06/02/1998)
9 ORDER, Response to Motion set to 6/28/98 for [4-1] motion to Intervene by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall ( signed by Chief Judge Charles Butler Jr. ) Copies mailed 6/8/98. (adk) (Entered: 06/08/1998)
10 ANSWER to Complaint by Outrigger Restaurant (Attorney Frank S. James III), (adk) (Entered: 06/10/1998)
11 ANSWER to Complaint by Employer Accounting (mab) (Entered: 06/12/1998)
12 PRELIMINARY SCHEDULING ORDER entered by Mag. Judge Bert W. Milling Jr. Report of Parties Planning Meeting due 7/27/98 ; (mab) (Entered: 06/12/1998)
13 MOTION by Outrigger Restaurant to Extend Time to file Report of Parties , ref. M/J Milling (jal) (Entered: 07/30/1998)
14 REPORT of Planning Meeting filed by parties, ref. M/J Milling . (jal) (Entered: 07/30/1998)
15 SCHEDULING ORDER setting Discovery cutoff 1/8/99 ; Deadline for filing of all motions 1/29/99 ; Joining of parties,amending of pleadings on 9/25/98 ; Pretrial conference for 9:30 4/8/99 ; Jury Selection set for 9:00 5/4/99 Jury Trial set for 9:00 5/4/99 ; Settlement Position due 1/8/99 before Chief Judge Charles Butler Jr. ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed w/SO (jal) (Entered: 08/11/1998)
16 ORDER ent. that parties have failed to object to intervention as ordered, granting [4-1] motion to Intervene by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. ( signed by Chief Judge Charles Butler Jr. ) (mjn) Modified on 08/13/1998 (Entered: 08/13/1998)
17 Intervenor's COMPLAINT by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall against Outrigger Restaurant, Employer Accounting (mjn) (Entered: 08/13/1998)
18 ANSWER to Complaint by Employer Accounting as successor to Skilstaf, Inc. to Pltt's Intervenor's complaint (Attorney A. Martin Wickliff) (jal) (Entered: 08/31/1998)

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09/02/1998 09/09/1998 09/15/1998
09/22/1998 09/24/1998 09/25/1998
09/25/1998 09/30/1998 10/13/1998 10/13/1998 10/23/1998 10/26/1998 10/29/1998

19 ANSWER to Complaint by Outrigger Restaurant (Attorney Wesley C. Redmond), (jal) (Entered: 09/04/1998)
20 MOTION by Michael Watson, Louis Etheridge, Ahmad Rasheed for Bryan F. Aylstock & Ross M. Goodman to Withdraw as Attorney ref. to Judge Butler (cmj) (Entered: 09/09/1998)
21 ORDER granting [20-1] motion for Bryan F. Aylstock & Ross M. Goodman to Withdraw as Attorney for L. Etheridge, A. Rasheed and M. Watson (do not show these attorneys were added on computer) setting Response to Order Deadline re: [21-1] order to 9/29/98 for Ahmad Rasheed, for Louis Etheridge, for Michael Watson that the motion to withdraw has been served on parties ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 09/16/1998)
22 NOTICE of attorney appearance for Employer Accounting by Tracy P. Turner (jal) (Entered: 09/23/1998)
23 MOTION by Employer Accounting for Leave to File Cross-Claim against dft Outrigger Restaurant ref. to Judge Butler (cmj) (Entered: 09/24/1998)
24 NOTICE of attorney appearance for Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall, Outrigger Restaurant, Employer Accounting by Elizabeth J. Hubertz, Esq. (mpp) (Entered: 09/30/1998)
26 RESPONSE by Michael Watson, Louis Etheridge, Ahmad Rasheed to [21-1] order setting Response to Order Deadline re: [21-1] order to 9/29/98 for Ahmad Rasheed, for Louis Etheridge, for Michael Watson that the motion to withdraw has been served on parties (cmj) (Entered: 10/01/1998)
25 ORDER, Response to Motion set to 10/14/98 for [23-1] motion for Leave to File Cross-Claim against dft Outrigger Restaurant ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 10/01/1998)
27 MOTION by EEOC to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc. ref. to Judge Butler (cmj) (Entered: 10/14/1998)
28 MEMORANDUM by EEOC in support of [27-1] motion to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc.; ref. to Judge Butler (cmj) (Entered: 10/14/1998)
30 RESPONSE by Employer Accounting to [27-1] motion to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc., ref. Judge Butler (jal) (Entered: 10/27/1998)
29 ORDER, set Motion Filing/obj. to Mtn. to Bifurcate deadline to 11/18/98 ( signed by Chief Judge Charles Butler Jr. ) copies mailed (jal) (Entered: 10/26/1998)
31 MOTION by Employer Accounting for Nathan Allan Wesely, Jonathan D. Quander to Appear Pro Hac Vice ; ref. to Judge Butler (cmj) (Entered:

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11/19/1998 11/30/1998 12/07/1998 12/14/1998 12/14/1998 12/23/1998
12/29/1998 02/01/1999 02/01/1999 02/04/1999 02/04/1999

10/29/1998)
32 NOTICE entered, endorsed motion granting [31-1] motion for Nathan Allan Wesely, Jonathan D. Quander to Appear Pro Hac Vice. Copies mailed 11/2/98 ( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 11/02/1998)
33 MOTION by EEOC to Amend [15-1] Scheduling order ref. to Judge Milling (cmj) (Entered: 11/04/1998)
Motion(s) referred: [33-1] motion to Amend [15-1] Scheduling order referred to Mag. Judge Bert W. Milling Jr. (cmj) (Entered: 11/04/1998)
34 ORDER granting [33-1] motion to Amend [15-1] Scheduling order. Disclosure of expert testimony is extended from November 10, 1998 to November 24, 1998 for plaintiff and from December 8, 1998 to December 22, 1998 for Defendant. Copies mailed 11/9/98. ( signed by Mag. Judge Bert W. Milling Jr. ) (adk) (Entered: 11/09/1998)
35 MOTION by Employer Accounting to take depositions upon oral exa. of Ahmad Shareef Rasheed and Louis Etheridge ref. M/J Milling (jal) (Entered: 11/23/1998)
36 NOTICE entered, endorsed motion granting [35-1] motion to take depositions upon oral exa. of Ahmad Shareef Rasheed and Louis Etheridge ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed 12/1/98 (jal) (Entered: 12/01/1998)
37 MOTION by Employer Accounting successor to SkilStaf for Leave to File 2nd Cross Clm. agst. Deft. Out ref. Judge Butler (jal) (Entered: 12/09/1998)
38 MOTION by Employer Accounting to Stay pending mediation "to suspend the docket control order" ref. to Judge Butler (cmj) (Entered: 12/14/1998)
39 RESPONSE by EEOC to [37-1] motion for Leave to File 2nd Cross Clm. agst. Deft. Out (jal) (Entered: 12/16/1998)
40 ORDER granting [38-1] motion to Stay pending mediation "to suspend the docket control order"; unless parties notify Court otherwise by 2/8/99, the scheduling order will be reinstated and the deadlines will be adjusted ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 12/23/1998)
41 ORDER, Response to Motion set to 1/8/99 for [37-1] motion for Leave to File 2nd Cross Clm. agst. Deft. Out ( signed by Chief Judge Charles Butler Jr. ) ; copies mailed (cmj) (Entered: 12/30/1998)
42 SUGGESTION OF BANKRUPTCY by EEOC as to Outrigger Restaurant (cmj) (Entered: 02/03/1999)
42 MOTION by EEOC to Extend Time for discovery cutoff and trial date ref. to Judge Milling (cmj) (Entered: 02/03/1999)
43 ORDER granting [42-1] motion to Extend Time for discovery cutoff and trial date, granting [42-1] miscellaneous ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (jal) (Entered: 02/05/1999)
44 ORDER, to Amend [15-1] Scheduling order , reset Pretrial Conference for 11:30 8/12/99 , reset Jury Selection for 8:45 8/31/99 , reset Jury Trial for 8:45 8/31/99 before Chief Judge Charles Butler Jr. , reset Discovery deadline to 5/6/99 , reset

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02/08/1999
02/08/1999 02/08/1999 02/09/1999 02/23/1999 03/19/1999 03/31/1999 03/31/1999 03/31/1999 04/02/1999
04/12/1999 04/22/1999 04/26/1999 05/06/1999

Motion Filing deadline to 5/27/99 , reset settlement position deadline for 5/6/99 as further sets out ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed w/SO (jal) (Entered: 02/05/1999)
45 ORDER granting [37-1] motion for Leave to File 2nd Cross Clm. agst. Deft. Outrigger Restaurant and Third-Party Claim against Marvin Ratcliff; Clerk is instructed to docket same ( signed by Chief Judge Charles Butler Jr. ) ; copies mailed (cmj) (Entered: 02/09/1999)
46 ORDER denying [27-1] motion to Bifurcate Defendant Employer Accounting Services Com. Inc. as Successor to Skilstaf, Inc's Crossclaim against Defendant Outrigger Restaurant, Inc. ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 02/09/1999)
47 CROSSCLAIM by Employer Accounting (Skilstaf) against Outrigger Restaurant (cmj) (Entered: 02/09/1999)
47 THIRD-PARTY COMPLAINT by Employer Accounting against Marvin L. Ratcliff Jr. (cmj) (Entered: 02/09/1999)
48 Third Party SUMMONS(ES) issued for Marvin L. Ratcliff Jr. (mailed to attorney Wickliff for service) (cmj) (Entered: 02/09/1999)
Motion(s) referred: [23-1] motion for Leave to File Cross-Claim against dft Outrigger Restaurant referred to Chief Judge Charles Butler Jr. for report maint. purposes. (adk) (Entered: 02/23/1999)
49 RETURN OF SERVICE executed as to Marvin L. Ratcliff Jr. 3/11/99 Answer due on 3/31/99 for Marvin L. Ratcliff Jr. (jal) (Entered: 03/22/1999)
50 MOTION by Marvin L. Ratcliff Jr. for Protective Order ref. M/J Milling (jal) (Entered: 04/01/1999)
51 ANSWER to Complaint by Marvin L. Ratcliff Jr. (Attorney Lee Benton), (jal) (Entered: 04/01/1999)
52 OBJECTION by Marvin L. Ratcliff Jr. to production of subpoenaed docs., ref. M/J Milling (jal) (Entered: 04/01/1999)
53 ORDER striking [50-1] motion to compel/for Protective Order , Third-Pty Deft. Marvin Ratcliff's Obj. to production of subp. docs. (doc. 52) is Noted, as set out ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (jal) (Entered: 04/06/1999)
54 ORDER correcting Court's Order dated April 2, 1999 to read as set out, striking [50-1] motion for Protective Order ( signed by Mag. Judge Bert W. Milling Jr. ) ; copies mailed (cmj) (Entered: 04/12/1999)
55 NOTICE of attorney appearance for EEOC by Marc J. Rosenblum (cmj) (Entered: 04/26/1999)
56 MOTION by Outrigger Restaurant for Frank James, III to Withdraw as Attorney ref. Judge Butler (jal) (Entered: 04/27/1999)
57 Position regarding Settlement filed by plaintiff EEOC, defendant Outrigger Restaurant, defendant Employer Accounting, movant Gregory King, movant

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05/19/1999 05/19/1999 05/19/1999 05/24/1999 05/24/1999
05/24/1999 05/24/1999 05/26/1999 05/26/1999
05/27/1999

Earlene Millender, movant JoAnn Sullivan, movant Deloise Porter, movant Michael Watson, movant Wallace Kyles, movant Tyrone Pearson, movant Henry Sullivan, movant Michael Jackson, movant Louis Etheridge, movant Ahmad Rasheed, movant Barbara Clarkson, movant Cassandra Knight, movant Dawn Whiting, movant Mark A. Vannasdall, intervenor-plaintiff Gregory King, intervenor-plaintiff Earlene Millender, intervenor-plaintiff JoAnn Sullivan, intervenor-plaintiff Deloise Porter, intervenor-plaintiff Michael Watson, intervenor-plaintiff Wallace Kyles, intervenor-plaintiff Tyrone Pearson, intervenor-plaintiff Henry Sullivan, intervenor-plaintiff Michael Jackson, intervenor-plaintiff Louis Etheridge, intervenor-plaintiff Ahmad Rasheed, intervenor-plaintiff Barbara Clarkson, intervenor-plaintiff Cassandra Knight, intervenor-plaintiff Dawn Whiting, intervenor-plaintiff Mark A. Vannasdall, intervenor-defendant Outrigger Restaurant, intervenor-defendant Employer Accounting, cross-claimant Employer Accounting, cross-defendant Outrigger Restaurant, third-party plaintiff Employer Accounting, third-party defendant Marvin L. Ratcliff Jr., ref. M/J Milling (jal) (Entered: 05/07/1999)
58 MOTION by Marvin L. Ratcliff Jr. to Amend Scheduling Order ref. to Judge Milling (cmj) (Entered: 05/24/1999)
59 MOTION by EEOC to Withdraw the Reference to the US Bankruptcy Court ref. to Judge Butler (cmj) (Entered: 05/24/1999)
60 MEMORANDUM by EEOC in support of [59-1] motion to Withdraw the Reference to the US Bankruptcy Court; ref. to Judge Butler (cmj) (Entered: 05/24/1999)
61 MOTION by Outrigger Restaurant to Extend Time in which to file dispositive motions referred to Judge Butler (adk) (Entered: 05/26/1999)
62 AMENDED MOTION by EEOC to Withdraw the Reference to the U. S. Bankruptcy Court referring to [59-1] motion to Withdraw the Reference to the US Bankruptcy Court. Referred to Judge Butler 5/26/99 (adk) (Entered: 05/26/1999)
63 MEMORANDUM by EEOC in support of [62-1] amended motion to Withdraw the Reference to the U. S. Bankruptcy Court (adk) (Entered: 05/26/1999)
64 MOTION by EEOC to Expedite the ruling on Motion to Withdraw ref. to the USBank. Court (adk) (Entered: 05/26/1999)
Motion(s) referred: [58-1] motion to Amend Scheduling Order referred to Chief Judge Charles Butler Jr. (cmj) (Entered: 05/26/1999)
69 Motion(s) joined by Gregory King, Earlene Millender, JoAnn Sullivan, Deloise Porter, Michael Watson, Wallace Kyles, Tyrone Pearson, Henry Sullivan, Michael Jackson, Louis Etheridge, Ahmad Rasheed, Barbara Clarkson, Cassandra Knight, Dawn Whiting, Mark A. Vannasdall, Outrigger Restaurant, Employer Accounting : joinder in [62-1] amended motion to Withdraw the Reference to the U. S. Bankruptcy Court, ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/02/1999)
68 NOTICE of withdrawal of representation by Elizabeth J. Hubertz as counsel for Earlene Millender, Delois Porter, Tyrone Pearson, Michael Jackson, Henry

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06/10/1999

Sullivan, Jo Ann Sullivan, Barbara Clarkson, Gregory King, Wallace Kyles, Mark Vannasdall, Dawn Whiting, and Cassandra Knight. (adk) (Entered: 06/01/1999)
65 NOTICE entered, endorsed motion granting [59-1] motion to Withdraw the Reference to the US Bankruptcy Court; granting [61-1] motion to Extend Time in which to file dispositive motions, reset Motion Filing deadline to 6/10/99 mooting [62-1] amended motion to Withdraw the Reference to the U. S. Bankruptcy Court mooting [64-1] motion to Expedite the ruling on Motion to Withdraw ref. to the USBank. Court ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 06/01/1999)
66 ORDER granting [56-1] motion for Frank James, III to Withdraw as Attorney (Terminated attorney Frank S. James for Outrigger Restaurant, attorney Wesley C. Redmond for Outrigger Restaurant, attorney Frank S. James for Outrigger Restaurant, attorney Frank S. James for Outrigger Restaurant, attorney Wesley C. Redmond for Outrigger Restaurant. Defendant shall have an attorney make an appearance on its behalf by June 9, 1999, failure to do so may result in a default judgment against dft. and dismissal of its third party complaint. The Clerk shall send this order to Outriggert as further set out. Copies mailed 6/2/99 ( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 06/01/1999)
67 ORDER granting [58-1] motion to Amend Scheduling Order, reset Discovery deadline to 7/8/99 ( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 06/01/1999)
70 MOTION by EEOC for Partial Summary Judgment ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/11/1999)
71 NOTICE of by EEOC of Filing in Support of the EEOC's Motion for Summary Jgm. (SUPPORTING DOCUMENTS 1-43; 1) Gregory King's Charge of Discrim., 2) Earlene Millender's COD 3) JoAnn Sullivan's COD, 4) Deloise Porter's COD, 5) Michael Watson's COD, 6) Wallace Kyles' COD, 7) Tyrone Person's COD, 8) Henry Sullivan's COD, 9) Michael Jackson's COD, 10) Louis Etheridege's COD, 11) Gregory King's COD, 12) Earlene Millemnder's DOC, 13) JoAnn Sullivan's COD, 14) Deloise Porter's COD, 15) Michael Watson's COD, 16) Wallace Kyles COD, 17) Tyrone Pearson's COD, 18) Henry Sullivan's COD, 19) Michael Jackson's COD, 20) Louis Etheridge's COD, 21) Gregory King's Determination and Amd. Deter., 22) Earlene Millenmnder's DAD, 23) JoAnn Sullivan's DAD, 24) Deloise Porter's DAD, 25) Michael Watson's DAD, 26) Wallace Kyles' DAD, 27) Tyrone Pearson's DAD, 28) Henry Sullivan's DAD, 29) Michael Jackson's DAD, 30) Louis Etheridge's DAD, 31) Ltr. from EEOC notifying Deft's Conciliation will fail, 32) Aff of Donald Burris, 33) Outrigger's Answer, 34) SkilStaf's Ans. to Inter., 35) Outrigger's Ans. to Inter., 36) SkilStaf's Client Serv. Agree. 7/13/94, 37) SkilStaf's Client Service Agree. dated 1/1/96, 38) Nathan Wayne Stark's Deposition, 39) Henry Lipsey's Depo., 40) Woody O'Brien's depo., 41) Marvin Ratcliff's depo., 42) On-Site Supervisor Agreement, 43) Pltf's Memo in Sup. of Mtn. for SJ (SEE 2 RED FOLDERS CONTAINING THESE EXHIBITS) (jal) (Entered: 06/11/1999)
72 MEMORANDUM by EEOC in support of [70-1] motion for Partial Summary Judgment (jal) (Entered: 06/11/1999)

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07/02/1999 07/02/1999 07/13/1999 07/14/1999 07/14/1999

73 MOTION by Skilstaf's/Employer Accounting for Partial Summary Judgment regarding its status as an employer, ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/11/1999)
74 MEMORANDUM by Skilstaf's/Outrigger Restaurant, Employer Accounting in support of [73-1] motion for Partial Summary Judgment regarding its status as an employer, ref. Judge Butler (jal) (Entered: 06/11/1999)
75 MOTION by Skilstaf's/Employer Accounting for Partial Summary Judgment regarding liability for contractual indemnity with exhibits A-R, ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/11/1999)
76 MEMORANDUM by Skilstaf's/Outrigger Restaurant, Employer Accounting in support of [75-1] motion for Partial Summary Judgment regarding Deft. Outrigger Restaurant, Inc.'s, liability for Contractual Indemnity, ref. Judge Butler (jal) (Entered: 06/11/1999)
77 MOTION by SkilStaf/Employer Accounting for Partial Summary Judgment and Mem. of Authorities regarding Pltf-Intervenors' Claim, ref. Judge Butler (jal) Modified on 06/11/1999 (Entered: 06/11/1999)
78 MOTION by Skillstaf's/Employer Accounting for Partial Summary Judgment , regarding Dawn Whiting's Hiring Claim, ref. Judge Butler (jal) (Entered: 06/11/1999)
79 MEMORANDUM by Skilstaf's/Employer Accounting in support of [78-1] motion for Partial Summary Judgment on Dawn Whiting's Hiring Claim, ref. Judge Butler (jal) (Entered: 06/11/1999)
80 ORDER on [78-1] motion for Partial Summary Judgment, [77-1] motion for Partial Summary Judgment, [75-1] motion for Partial Summary Judgment, [73-1] motion for Partial Summary Judgment, [70-1] motion for Partial Summary Judgment setting response time as follows: response due 6/30/99 ; reply to response to motion due 7/12/99 ; motion to be TUS 7/12/99 ; ( signed by Chief Judge Charles Butler Jr. ) copies mailed 6/15/99 (jal) (Entered: 06/21/1999)
81 RESPONSE by Marvin L. Ratcliff Jr. to [77-1] motion for Partial Summary Judgment filed by Skilstaff, Inc., ref. Judge Butler (jal) (Entered: 07/07/1999)
82 MEMORANDUM by Marvin L. Ratcliff Jr. in support of [81-1] response of Marvin Reatcliff to Skilstaff's Mtn. for Partial Summary Jgm., ref. Judge Butler (jal) (Entered: 07/07/1999)
83 Skilstaf's (Employer Accounting Services) Reply to [81-1] Marvin Ratcliff's response to Skilstaf's Motion for Partial Summary Jgm. regarding indemnification, ref. Judge Butler (jal) (Entered: 07/16/1999)
84 Notice of filing AFFIDAVIT by Skilstaff/Employer Accounting Re: [83-1] Nathan Wayne Stark in support of its Reply to Marvin Ratcliff's Resp. to Skilstaf's Mtn. for Part. SJ., ref. Judge Butler (jal) (Entered: 07/16/1999)
85 AFFIDAVIT by Skilstaf/Employer Accounting Re: Martin Wickliff, Jr., Esq. (counsel for Skilstaf) in ref. to final settlement negotiations (jal) (Entered: 07/16/1999)

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08/09/1999 08/09/1999 08/10/1999 08/11/1999 08/18/1999 08/18/1999 08/20/1999 08/25/1999 09/09/1999
09/09/1999

86 MOTION by Employer Accounting to Withdraw jury demand , ref. Judge Butler (jal) (Entered: 07/26/1999)
87 Supplemental RESPONSE by Marvin L. Ratcliff Jr. to [82-1] support memorandum for summary judgment, ref. Judge Butler (jal) (Entered: 07/26/1999)
88 MOTION by Outrigger Restaurant, Outrigger Restaurant to Continue PT cnf. set 8/12/99 , ref. Judge Butler (jal) (Entered: 07/27/1999)
89 ORDER granting [88-1] motion to Continue PT cnf. set 8/12/99, reset Pretrial Conference for 9:00 9/14/99 ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 07/28/1999)
98 Defendant Skilstaf's Pre-trial disclosures/Witness list by Outrigger Restaurant, Employer Accounting, (this is the orig. rec. in this office 9/23/99 which was stamped in the night depository and returned to the Deft's office), see attached note stamped 9/23/99 (jal) (Entered: 09/24/1999)
90 MOTION by Outrigger Restaurant to supplement designaiton of experts , ref. Judge Butler (jal) (Entered: 08/10/1999)
91 Deft Skilstaf's Amended Pre-Trial Disclosures/Witness list by Outrigger Restaurant (jal) (Entered: 08/10/1999)
92 MOTION by Outrigger Restaurant to supplement designation of experts , ref. Judge Butler (jal) (Entered: 08/13/1999)
Deadline updated; reset Jury Selection for 9:00 10/5/99 , and reset Jury Trial for 9:00 10/5/99 before Chief Judge Charles Butler Jr. (adk) (Entered: 08/11/1999)
93 RESPONSE by Marvin L. Ratcliff Jr. to [92-1] motion to supplement designation of experts, [90-1] motion to supplement designaiton of experts ; ref. to Judge Butler (cmj) (Entered: 08/19/1999)
93 MOTION by Marvin L. Ratcliff Jr. to supplement designation of experts ref. to Judge Butler (cmj) (Entered: 08/19/1999)
94 MOTION by Outrigger Restaurant for Court to allow it to appear by counsel and file a resp. to Skilstaff's Inc. Mtn. for SJ , ref. Judge Butler (jal) (Entered: 08/24/1999)
95 MEMORANDUM by Employer Accounting, Employer Accounting in opposition to [94-1] motion for Court to allow it to appear by counsel and file a resp. to Skilstaff's Inc. Mtn. for SJ (jal) (Entered: 08/30/1999)
96 CONSENT DECREE signed by Judge Butler this consent decree is conditional upon receiving the approval of the payment of SkilStaf of the amount of $150,000 by the Bankruptcy Court in the Southern District of Alabama overseeing Ch 11 Debtor-in-possession petitition. All other provisions are further set out in the body of the document. Copies mailed 9/9/99 (adk) (Entered: 09/09/1999)
97 ORDER, Response to Motion set to 9/29/99 for [94-1] motion for Court to allow it to appear by counsel and file a resp. to Skilstaff's Inc. Mtn. for SJ granting [94-1] motion for Court to allow it to appear by counsel and file a resp. to

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09/09/1999 09/29/1999 09/29/1999 10/07/1999 10/14/1999 10/14/1999 10/14/1999 10/22/1999
10/29/1999 11/12/1999 11/12/1999 11/16/1999
11/22/1999
11/30/1999 12/06/1999

Skilstaff's Inc. Mtn. for SJ, reset Pretrial Conference for 9:00 10/14/99 ( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 09/09/1999)
Deadline updated; reset Jury Trial for 9:00 11/2/99 before Chief Judge Charles Butler Jr. (adk) (Entered: 09/09/1999)
99 ANSWER to Complaint by Outrigger Restaurant to Deft's Skilstaf, Inc., supplemental cross-claim (Attorney Irvin Grodsky) (jal) (Entered: 09/30/1999)
100 MEMORANDUM by Outrigger Restaurant in opposition to [73-1] Skilstaf, Inc.'s motion for Partial Summary Judgment, ref. Judge Butler (jal) (Entered: 09/30/1999)
Proposed pre-trial order received from EEOC, Outrigger Restaurant, Employer Accounting (adk) (Entered: 10/08/1999)
101 ORDER, set Motion/Settlement Filing deadline to 10/22/99 as set out ( signed by Chief Judge Charles Butler Jr. ) copies mailed (jal) (Entered: 10/18/1999)
Pre-trial conference held (adk) (Entered: 10/19/1999)
Deadline updated; set Bench Trial for 9:00 11/2/99 (adk) (Entered: 10/19/1999)
102 ORDER, set deadline for parties to notify the Court whether this case has settled or not by 10/29/99 If the case does not settle, the Court will reschedule the pretrial conference for a later date. Copies mailed 10/22/99( signed by Chief Judge Charles Butler Jr. ) (adk) (Entered: 10/22/1999)
103 Reply Brief by defendant Employer Accounting in re: [100-1] opposition memorandum (adk) (Entered: 11/02/1999)
104 MOTION by Outrigger Restaurant to Amend Pleadings by Adding Crossclaim Against Skilstaf,, Inc. ref. to Judge Butler (cmj) (Entered: 11/15/1999)
105 MOTION by Outrigger Restaurant to Amend [104-1] motion to Amend Pleadings by Adding Crossclaim Against Skilstaf,, Inc. rf. to Judge Butler (cmj) (Entered: 11/15/1999)
106 ORDER, Response to Motion set to 12/3/99 for [105-1] motion to Amend [104-1] motion to Amend Pleadings by Adding Crossclaim Against Skilstaf, Inc., set to 12/3/99 for [104-1] motion to Amend Pleadings by Adding Crossclaim Against Skilstaf,, Inc. ( signed by Chief Judge Charles Butler Jr. ) ; copies mailed (cmj) (Entered: 11/16/1999)
107 RESPONSE by Employer Accounting to [105-1] motion to Amend [104-1] motion to Amend Pleadings by Adding Crossclaim Against Skilstaf, Inc., [104-1] motion to Amend Pleadings by Adding Crossclaim Against Skilstaf,, Inc.; ref. to Judge Butler (cmj) (Entered: 11/23/1999)
Deadline updated; reset Bench Trial for 9:00 2/1/00 for tracking purposes (adk) (Entered: 11/30/1999)
108 ORDER denying [105-1] motion to Amend [104-1] motion to Amend Pleadings by Adding Crossclaim Against Skilstaf, Inc., denying [104-1] motion to Amend Pleadings by Adding Crossclaim Against Skilstaf,, Inc. ( signed by Chief Judge Charles Butler Jr. ) ; copies mailed (cmj) (Entered: 12/06/1999)

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01/25/2000 02/04/2000 02/22/2000 02/22/2000 02/25/2000 03/08/2000 03/16/2000 03/16/2000 05/03/2000
05/10/2000 05/11/2000 05/23/2000

109 ORDER granting [75-1] motion for Partial Summary Judgment, set deadline for 1/25/00 for SkilStaf to submit a statement of the amount due under the indemnification provisions and a statement of attorney's fee and costs , set deadline for 2/4/00 Outrigger to file a respons ( signed by Chief Judge Charles Butler Jr. ); copies mailed; EOD 1/10/00; ME # 8400 (cmj) (Entered: 01/10/2000)
110 MEMORANDUM by Employer Accounting in support of damages (Exhibits in RED FOLDER) (adk) Modified on 07/07/2000 (Entered: 01/27/2000)
111 RESPONSE by Outrigger Restaurant to [110-1] support memorandum. Referred to Judge Butler (adk) (Entered: 02/09/2000)
Deadline updated; reset Bench Trial for 9:00 4/3/00 for tracking purposes (adk) (Entered: 02/22/2000)
112 MOTION by Outrigger Restaurant to re-open discovery to obtain copy of settlement agreement between Marvin L. Ratcliff and Skilstaf, Inc. ref. to Judge Butler (cmj) (Entered: 02/23/2000)
113 RESPONSE by Henry Sullivan to [112-1] motion to re-open discovery to obtain copy of settlement agreement between Marvin L. Ratcliff and Skilstaf, Inc. (adk) (Entered: 02/28/2000)
114 RESPONSE by Outrigger Restaurant to [113-1] motion response (adk) (Entered: 03/10/2000)
Proposed consent judgment filed. Referred to Judge Butler (adk) (Entered: 03/17/2000)
115 RESPONSE by Employer Accounting to [112-1] motion to re-open discovery to obtain copy of settlement agreement between Marvin L. Ratcliff and Skilstaf, Inc. (adk) (Entered: 03/17/2000)
116 ORDER, set Show Cause Deadline for 5/10/00 for Outrigger as to why the Court should not direct SkilStaf to file the settlement agreement with this Court under seal and to serve Outrigger with a copy of the agreement subject to to the conditions of the proposed protective order (signed by Chief Judge Charles Butler); copies mailed conditions of the proposed protective order ( signed by Chief Judge Charles Butler Jr. ) (cmj) (Entered: 05/03/2000)
118 RESPONSE by Outrigger Restaurant to [103-1] brief (final response and submission to re-open and response to May 3, 2000 show cause order. (adk) (Entered: 05/11/2000)
117 Reply to [114-1] response filed by Employer Accounting. Referred to Judge Butler (adk) (Entered: 05/11/2000)
119 ORDER denying [112-1] motion to re-open discovery to obtain copy of settlement agreement between Marvin L. Ratcliff and Skilstaf, Inc., setting Response to Order Deadline re: [119-1] order to 5/30/00 for Employer Accounting/SkilStaf to file settlemetn agreement and any supporting documentation UNDER SEAL ( signed by Chief Judge Charles Butler Jr. ); copies mailed (cmj) (Entered: 05/23/2000)

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06/19/2000
06/19/2000 06/19/2000

Copy of doc. 119 faxed also, per request (cmj) (Entered: 05/23/2000)
120 SEALED DOCUMENT placed in vault; ref. to Judge Butler (cmj) (Entered: 05/26/2000)
121 ORDER entered stating the Court finds that the amount of indemnification should be reduced by $14,924.79 and that Outrigger is entitled to set-off in the amount of $200,000 in light of SkilStaff's pro tanto settlement with Ratcliff. Accordingly, SkilStaf is entitled to judgment in the amount of $248,828.32 on its cross-claim for indemnity. Judgment is entered by separate order this date. This order concludes all matters in this case and the Clerk is instructed to remove it from the active docket.( signed by Chief Judge Charles Butler Jr. ) copies mailed (cmj) (Entered: 06/22/2000)
122 PARTIAL CONSENT JUDGMENT for third-party plaintiff, SkilStaf, Inc. and against third-party defendant, Marvin L. Ratcliff Jr. for the sum of $195,000; the parties to otherwise bear their own costs ( signed by Chief Judge Charles Butler Jr. ); J/E #: 8837-B Judgment EOD: 6/22/00; copies mailed (cmj) (Entered: 06/22/2000)
123 JUDGMENT against Outrigger Restaurant and in favor of SkilStaf, Inc. in the amount of $248,828.32 ( signed by Chief Judge Charles Butler Jr. ); J/E # 8837-A Judgment EOD: 6/22/00; copies mailed (cmj) (Entered: 06/22/2000)
Case closed (cmj) (Entered: 06/22/2000)

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