IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
CINDY JOHNSTON,
Plaintiff-Intervenor,
v.
GARDEN CITY PLASTICS EQUIPMENT AND SUPPLY CO., INC., and PLASTIC PACKAGING CONCEPTS, INC.,
Defendants.

)

)

)

)

) CIVIL ACTION NO.: 04-00726-cv-DW

)

)

)

)

)

JURY TRIAL DEMAND

)

)

)

)

)

)

)

)

PLAINTIFF’S FIRST AMENDED COMPLAINT

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide

appropriate relief to Cindy Johnston, who was adversely affected by such practices. The

Commission alleges that Defendants’ supervisors sexually harassed Johnston and terminated her

in retaliation for refusing her supervisors’ advances, as described with greater particularity

below.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3)("Title VII"), and Section 102(d) of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Missouri.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendants have continuously been doing business in the State of Missouri and the City of Garden City. Defendants have also continuously operated as a single employer and together have at least 15 employees. 5. At all relevant times, Defendants have continuously been an employer within the meaning of Section 701(b) of Title VII, 29 U.S.C. § 2000e(b).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Cindy Johnston filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June 2002, Defendants have engaged in unlawful employment practices at their Garden City, Missouri facilities in violation of Sections 703(a) and 704(a) of Title VII, 29 U.S.C. §§ 2000e-2(a) and 2000e-3(a). These practices include the following:
2

a. Defendants’ supervisor subjected Cindy Johnston to unwelcome sexual harassment during her employment. This harassment included, but was not limited to, regular, repeated and unwelcome inappropriate comments and unwelcome touching that was sexual in nature.
b. Ms. Johnston complained about this behavior to the appropriate management officials.
c. After Ms. Johnston’s complaints, Defendant failed to prevent and promptly correct this unwelcome and pervasive sexual harassment, and terminated Ms. Johnston’s employment because she opposed the sexually inappropriate conduct.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Johnston of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Johnston.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment, retaliation and any other employment practice which discriminates on the basis of sex.
3

B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendants to make Johnston whole by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief as necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement.
D. Order Defendants to make Johnston whole by providing compensation for past and future pecuniary losses resulting from its unlawful employment practices described in paragraph 8 above in amounts to be determined at trial.
E. Order Defendants to make Johnston whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, loss of reputation, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay punitive damages for its malicious and reckless conduct described in paragraph 8 above in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this Complaint.
4

Respectfully submitted,

ERIC S. DREIBAND General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney

/s/ Donna L. Harper DONNA L. HARPER Supervisory Trial Attorney MELVIN D. KENNEDY Senior Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 FAX: (314) 539-7895 e-mail: robert.johnson@eeoc.gov
donna.harper@eeoc.gov melvin.kennedy@eeoc.gov

/s/ Andrea L. Taylor

ANDREA L. TAYLOR

MO #42733

Senior Trial Attorney

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

Kansas City Area Office

400 State Avenue, Suite 905

Kansas City, KS 66101

(913) 551-5848

FAX: (913) 551-6957

e-mail: andrea.taylor@eeoc.gov

5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

CINDY JOHNSTON,

)

)

Plaintiff/Intervenor,

)

)

v.

)

)

GARDEN CITY PLASTICS EQUIPMENT

)

AND SUPPLY CO., INC., and

)

PLASTIC PACKAGING CONCEPTS, INC., )

)

Defendants.

)

Case No. 04-0726-CV-DW

PLAINTIFF’S FIRST AMENDED COMPLAINT IN INTERVENTION Plaintiff/Intervenor Cindy Johnston (“plaintiff”), pursuant to Rules 24(a), 24(b) and 24(c) of the Federal Rules of Civil Procedure, brings this First Amended Complaint in intervention of right for legal and equitable relief to redress the injustices done to her by defendants Garden City Plastics Equipment and Supply Co., Inc. and Plastic Packaging Concepts, Inc. (“defendants”).
Jurisdiction and Venue 1. The Court has jurisdiction over this controversy pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345, as well as 42 U.S.C. § 2000e-5(f).

1

2. The Court has jurisdiction over defendants because the unlawful employment practices alleged in this Complaint were committed in Cass County, Missouri, which lies within the Western District of Missouri. In addition, defendants have sufficient minimum contacts with the Western District of Missouri and the State of Missouri.
3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391, because a substantial part of the events or omissions giving rise to plaintiff’s claims occurred in Cass County, Missouri, which lies within this District.
Parties 4. Plaintiff is a female citizen of the United States, residing in Cass County, Missouri. 5. Defendants are corporations formed under the laws of Missouri and with principle places of business in Missouri. At all relevant times defendants were authorized to conduct business in the State of Missouri and were doing business in the State of Missouri. 6. Defendants are “employers” within the meaning of Section 701(b) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”). 7. Defendants currently employ, and during all relevant times have employed, 15 or more persons. 8. Defendants, although nominally separate entities, are actually part of a single integrated enterprise so that, for all purposes, there is in fact only a single employer. In other words, defendants are not what they appear to be, but in truth are simply divisions or departments of a single enterprise. 9. Defendants have chosen to handle jointly important aspects of their employer-employee relationships, and are therefore the joint employers of each of their employees, including plaintiff.
2

10. Defendants maintain a substantial interrelation of operations. This is evidenced by, among other things, the fact that defendants share common premises, use a common mailing address, share office and storage space, use the same office equipment, use the same facsimile machine and facsimile line, share employees between themselves, aggregate their employees for the purpose of obtaining group employment benefits such as health and life insurance, use the same personnel manuals, use the same payroll system, host joint functions for their employees, and observe the same work holidays.
11. Defendants have common management between themselves. Ron and Judy Meins are the sole directors and officers of both defendant corporations. Ron and Judy Meins are also the top managers of both corporations, and all important business decisions for both corporations are made by Ron and/or Judy Meins.
12. Defendants have centralized control of labor relations between themselves. Ron and Judy Meins are the sole people who develop personnel policies for each defendant. Substantially identical personnel manuals and employment forms are used by both defendants. Employees of both defendants are trained together regarding employment issues, including the sexual harassment policy that is common to both defendants. In addition, defendants aggregate themselves into a single entity for the purpose of obtaining and providing employee benefits such as group health insurance and group life insurance.
13. Defendants have common ownership and/or financial control. Ron and Judy Meins collectively own 100% of the stock of both defendants. No one outside the Meins family owns any stock or exercises financial control of any kind over either defendant.
14. Defendants conduct and/or maintain, and/or during all relevant times conducted and/or maintained, a place of business, at 104 Lake Street, Garden City, Missouri 64747.
3

15. Defendants employed plaintiff at their place of business from approximately June 2002 until approximately January 2003.
Administrative Procedures 16. On or about February 4, 2003, plaintiff timely filed with the Equal Employment Opportunity Commission (“EEOC”) and the Missouri Human Rights Commission (“MHRC”) a charge of discrimination against defendants on the basis of sex (sexual harassment) (attached as Exhibit A and incorporated herein by reference). 17. After a reasonable investigation, the EEOC issued a Determination finding reasonable cause to believe that defendants violated Title VII of the Civil Rights Act, as amended. 18. After finding probable cause and attempting conciliation, the EEOC properly initiated litigation based on plaintiff’s charge of sexual harassment. 19. The aforesaid charge of discrimination provided the EEOC and the MHRC sufficient opportunity to investigate the full scope of the controversy between the parties and, accordingly, the sweep of this judicial complaint may be and is as broad as the scope of an EEOC investigation that could reasonably be expected to have grown out of the charge of discrimination. 20. Plaintiff has requested a Notice of Right to Sue from the MHRC. 21. Plaintiff has satisfied all private, administrative, and judicial prerequisites to the institution of this action.
COUNT I (Violation under Title VII of the Civil Rights Act -Sexual Harassment – Hostile Work Environment – Constructive Discharge) 22. Paragraphs 1 through 21 above are incorporated herein by reference. 23. Plaintiff is a female.
4

24. Plaintiff became employed by defendants. 25. During the course of plaintiff’s employment with defendants, defendants subjected plaintiff to severe and unwelcome conduct of a sexual nature because of plaintiff’s sex. 26. The harassment was sufficiently severe or pervasive that a reasonable person in plaintiff’s position would find plaintiff’s work environment to be hostile or abusive. 27. Plaintiff believed her work environment to be hostile and abusive. Defendants’ conduct adversely affected the terms, conditions and/or privileges of plaintiff’s employment with defendants and affected plaintiff’s ability to perform her job duties. 28. Plaintiff complained to defendants’ management personnel about defendants’ conduct, but defendants failed to take proper action. 29. Defendants failed to exercise reasonable care to prevent and correct promptly the sexually harassing behavior. 30. Defendants knew or should have known of the improper conduct, but failed to take prompt and appropriate corrective action to end the harassment of plaintiff. 31. The improper conduct, combined with defendants’ failure to correct that conduct, made plaintiff’s working conditions intolerable. As a result, plaintiff was forced to resign her employment. Plaintiff’s resignation was a reasonably foreseeable result of defendants’ actions and/or inactions. 32. As shown by the foregoing, plaintiff suffered intentional discrimination at the hands of defendants during the course of her employment with defendants, based on her gender, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). 33. As a direct and proximate result of defendants’ actions and/or inactions, plaintiff has been deprived of income, as well as other monetary and non-monetary benefits.
5

34. As a further direct and proximate result of defendants’ actions and/or inactions, plaintiff has suffered a loss of self-esteem, humiliation, emotional distress and mental anguish, and related compensatory damages.
35. Defendants failed to make good faith efforts to establish and enforce policies to prevent illegal discrimination against its employees, including sexual harassment.
36. Defendants failed to properly train or otherwise inform its supervisors and employees concerning their duties and obligations under the civil rights laws, including Title VII.
37. Defendants’ managers responsible for setting or enforcing policy in the area of discrimination were aware of plaintiff’s complaints of harassment, but failed to respond to those complaints. Instead, plaintiff was forced to terminate her employment.
38. By failing to take prompt and effective remedial action, and instead forcing plaintiff to terminate her employment, defendants in effect condoned, ratified and/or authorized the harassment of plaintiff.
39. As shown by the foregoing, defendants engaged in these discriminatory practices with malice or with reckless indifference to the federally protected rights of plaintiff. Plaintiff is therefore entitled to an award of punitive damages in an amount sufficient to punish defendants or to deter it and other companies from like conduct in the future.
40. Plaintiff is entitled to recover from defendants reasonable attorneys’ fees, as provided in Section 706(k) of Title VII, 42 U.S.C. § 2000e-5(k).
WHEREFORE, plaintiff requests that the Court enter judgment in her favor and against defendants for such damages, actual and nominal, as are fair and reasonable, for her reasonable attorneys’ fees and
6

costs incurred herein, for interest as allowed by law, and for such other and further legal and equitable relief as the Court deems proper.
COUNT II (Violation under R.S. Mo. 213.010 et seq. Sexual Harassment -- Hostile Work Environment) 41. Paragraphs 1 through 40 above are incorporated herein by reference. 42. Defendants’ actions, omissions and conduct, including the actions, omissions and conduct of its agents/employees, as previously alleged above, constitute violations of the Missouri Human Rights Act, R.S. Mo. 213.010 et seq., in that defendants subjected plaintiff to sexual harassment and a sexually hostile work environment. 43. As previously alleged above, the actions, omissions and conduct of defendants and its agents/employees were done with malice, evil motive and/or reckless indifference to plaintiff’s protected rights, and defendants are also vicariously liable for the acts, omissions and conduct of its agents/employees. 44. Defendants are liable under the doctrines of strict liability and/or respondeat superior and/or direct liability for its agents’ malice, evil motive or reckless indifference to plaintiff’s protected rights, and defendants are also liable for its own acts, omissions and conduct, including its malice, evil motive and/or reckless indifference to plaintiff’s protected rights. 45. As a direct and proximate result of defendants’ actions, omissions and conduct, including, but not limited to, the actions, omissions and conduct of its agents/employees, defendants caused plaintiff to suffer the damages set forth above. WHEREFORE, based on the foregoing, as to Count II of her Complaint, plaintiff prays for judgment against defendants in an amount to be shown at trial for damages associated with defendants’ sexual harassment and discrimination against plaintiff, for compensatory damages, for lost wages and
7

benefits, for actual damages, for nominal damages, for damages for emotional distress, pain and suffering, inconvenience, mental anguish, embarrassment, humiliation, loss of enjoyment of life and any other nonpecuniary loss plaintiff suffered as a result of defendants’ conduct, for pre-judgment interest, for punitive damages, for plaintiff’s costs and attorneys’ fees, and for such other and further legal, equitable or injunctive relief as this Court deems just and proper.
Jury Demand Plaintiff hereby requests a trial by jury on all counts and allegations of wrongful conduct alleged in this Complaint in the Western District Court of Missouri at Kansas City.

Respectfully submitted, DAVIS KETCHMARK & McCREIGHT, P.C.

By s/ Michael S. Ketchmark Michael S. Ketchmark - #41018 Brett A. Davis - #43299

2345 Grand Blvd., Suite 2110

Kansas City, Missouri 64108

Telephone: (816) 842-1515

Facsimile: (816) 842-4129

Ketchmark E-mail: msk@dkelaw.com

Davis E-mail:

bdavis@dkelaw.com

Attorneys for Plaintiff/Intervenor Cindy Johnston

CERTIFICATE OF SERVICE I hereby certify that the above and foregoing was served via Notice of Electronic Filing this 9th day of November, 2004, to:
8

Andrea Taylor Equal Employment Opportunity Commission 400 State Avenue, Suite 905 Kansas City, KS 66101 Donna Harper Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 Charles E. Weedman, Jr. Crouch, Spangler & Douglas 117 S. Lexington P. O. Box 280 Harrisonville, MO 64701
/s/ Michael S. Ketchmark Attorneys for Plaintiff/Intervenor Cindy Johnston
9

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

Case No. 04-0726-CV-DW

and

)

)

CINDY JOHNSTON,

)

)

Plaintiff/Intervenor,

)

)

v.

)

)

GARDEN CITY PLASTICS EQUIPMENT

)

AND SUPPLY CO., INC., and

)

PLASTIC PACKAGING CONCEPTS, INC., )

)

Defendants.

)

)

ORDER

Pending before the Court are the Defendants’ motions to dismiss (Doc. 5, 6) this Title VII

case. The Plaintiffs filed suggestions in opposition (Docs. 14, 16) and the Defendants filed a reply

brief (Doc. 17). The motions to dismiss contend that the Court lacks jurisdiction because the

Defendants are not “employers” as defined by Title VII. See 42 U.S.C. § 2000e(b) (defining an

employer as a person “engaged in an industry affecting commerce who has fifteen or more

employees for each working day in each of twenty or more calendar weeks in the current or

preceding calendar year.”). Defendant Garden City further argues that at no time did it employ the

Plaintiff Cindy Johnson.

After reviewing the record and the parties’ documents, this is not even a close issue. For

the reasons stated in the Plaintiffs’ suggestions in opposition, the Plaintiffs have pled ample facts

to allow this action to proceed to discovery.1 Accordingly, it is hereby ORDERED that the Defendants’ motions to dismiss (Docs. 5, 6) are DENIED. SO ORDERED. ________/s/ Dean Whipple______ Dean Whipple United States District Judge
Date: 12/27/04
1 Because the Defendants’ motions to dismiss are without merit, the Court may pass on the issue of whether Title VII’s fifteen employee requirement is jurisdictional. See Armbruster v. Quinn, 711 F.2d 1332, 1335 (6th Cir. 1983).
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

Case No. 04-0726-CV-W-DW

and

)

)

CINDY JOHNSTON,

)

)

Plaintiff/Intervenor,

)

)

v.

)

)

GARDEN CITY PLASTICS EQUIPMENT

)

AND SUPPLY CO., INC., and

)

PLASTIC PACKAGING CONCEPTS, INC.,

)

)

Defendants.

)

)

ORDER

The parties appeared in court for a pretrial conference on March 27, 2006. Based on the

arguments and evidence presented at the pretrial conference, the Court hereby ORDERS that Plaintiff EEOC adequately shows it has fulfilled the administrative

prerequisites to bringing this suit;

GRANTS Plaintiffs’ joint motion in limine to exclude evidence regarding misdemeanor

assault charge (Doc. 113);

GRANTS Plaintiffs’ motion for leave to file a motion in limine out of time (Doc. 139);

DENIES Plaintiffs’ motion in limine to exclude “certificate of assessment of overpaid benefits” (Doc. 139-2);
GRANTS Defendants’ motion for leave to file a motion in limine out of time (Doc. 141).

Defendants shall file the motion in the form submitted (Doc. 141-2) within 15 days of the date of this order; and
ORDERS that Plaintiffs have invoked the rule excluding witnesses. See Fed. R. Civ. P. 615.
SO ORDERED.

Date: April 5, 2006

/s/ DEAN WHIPPLE Dean Whipple
United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

Case No. 04-0726-CV-DW

and

)

)

CINDY JOHNSTON,

)

)

Plaintiff/Intervenor,

)

)

v.

)

)

GARDEN CITY PLASTICS EQUIPMENT

)

AND SUPPLY CO., INC., and

)

PLASTIC PACKAGING CONCEPTS, INC.,

)

)

Defendants.

)

)

ORDER

Before the Court is Defendants’ joint motion in limine. The Court has carefully

considered the briefing, and hereby rules as follows: (1) As to evidence of the Mike Kime rape charge and investigation, the motion to

exclude is GRANTED, at least to the extent that evidence might be used for

impeachment. However, evidence that Kime bragged to Cindy Johnston that he

had raped a woman is clearly relevant and admissible.

(2) As to evidence of retaliation put on by Plaintiff EEOC, the motion to exclude is

DENIED. The parties should be prepared to discuss at trial whether Johnston as an individual has a retaliation claim. (3) As to evidence of pornography in a Bible, the motion to exclude is DENIED.

(4) As to evidence about horseplay in the workplace, the motion to exclude is DENIED.
(5) As to evidence of non-disclosed emotional damages, the motion to exclude is DENIED.
(6) As to evidence of the EEOC determination or investigation, the motion to exclude is GRANTED.
(7) As to evidence of the EEOC rarely filing suit, the motion to exclude is GRANTED.
(8) As to evidence of communication between counsel—specifically Plaintiffs’ exhibits 3-6—the motion to exclude is DENIED AS MOOT.
(9) As to evidence by employees of Defendants concerning ownership, corporate structure, and operation procedures, the motion to exclude is GRANTED IN PART. Plaintiffs are entitled to elicit testimony from employees about their observations of the operation of the businesses to establish that Defendants operated as a single employee.
SO ORDERED.

Date: August 7, 2006

/s/ DEAN WHIPPLE Dean Whipple
United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

Case No. 04-0726-CV-DW

and

)

)

CINDY JOHNSTON,

)

)

Plaintiff/Intervenor,

)

)

v.

)

)

GARDEN CITY PLASTICS EQUIPMENT

)

AND SUPPLY CO., INC., and

)

PLASTIC PACKAGING CONCEPTS, INC.,

)

)

Defendants.

)

)

ORDER

Before the Court is Defendants’ motion for a directed verdict (Doc. 154). After carefully

considering the evidence and arguments, the Court hereby DENIES the motion. Further,

Defendants’ motion to play video deposition (Doc. 159) is DENIED AS MOOT.

SO ORDERED.

Date: September 11, 2006

/s/ DEAN WHIPPLE Dean Whipple
United States District Judge

 
 E.E.O.C. v. Garden City Plastics Equipment and Supply Co., Inc., Not Reported in...
2006 WL 3207714 Only the Westlaw citation is currently available.
United States District Court, W.D. Missouri, Western Division. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
and Cindy JOHNSTON, Plaintiff-Intervenor,
v. GARDEN CITY PLASTICS EQUIPMENT AND SUPPLY CO., INC., and Plastic Packaging Concepts, Inc.,
Defendants. No. Civ.A.04-00726-CV-DW. | Oct. 18, 2006.
Dear Ms. Constanzo:
Attorneys and Law Firms Andrea G. Baran, Anne E. Gusewelle, US Equal Employment Opportunity Commission, Kansas City, KS, Eric S. Dreiband, Gwendolyn Young Reams, James L. Lee, Robert G. Johnson, US Equal Employment Opportunity Commission, St. Louis, MO, for Plaintiff. Bradley Kent Kavanaugh, Michael S. Ketchmark, Davis Ketchmark & McCreight, PC, Kansas City, MO, for Plaintiff-Intervenor. Charles E. Weedman, Jr., Crouch Spangler & Douglas, Harrisonville, MO, for Defendants. Opinion BARAN, Senior J.
*1 Enclosed is a recent decision in this case that merits publishing in Fair Employment Practices Cases.
ORDER
WHIPPLE, J. On August 24, 2006, after a four-day jury trial of Plaintiff EEOC’s and Plaintiff-Intervenor Cindy Johnston’s sexual harassment claims against Defendants Garden City Plastics Equipment and Supply Company, Inc., and Plastic Packaging Concepts, Inc., the jury returned a verdict in favor of Plaintiff and Plaintiff-Intervenor. Plaintiff EEOC now asks this Court to award injunctive and equitable relief against Defendants on behalf of both Cindy Johnston and the public pursuant to Section 706(g)(1) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(g)(1). See Doc. 157. As allowed by statute, and for good cause shown, the Court will grant in part the motion for injunctive relief.
It is hereby ORDERED:
1. Defendants Garden City Plastics Equipment and Supply Company, Inc., and Plastic Packaging Concepts, Inc., their officers, successors, assigns, agents, independent contractors, and any and all other persons in active concert with them, are permanently enjoined from creating, condoning, or allowing a sexually hostile work environment, sexual harassment, or discrimination on the basis of sex to exist or occur at its Garden City, Missouri facility.
1

E.E.O.C. v. Garden City Plastics Equipment and Supply Co., Inc., Not Reported in... 2. Defendants are ordered to institute and carry out policies, practices and programs which prohibit sexual harassment in the workplace, provide effective complaint mechanisms for reporting sexual harassment, establish procedures for the investigation of complaints of harassment, set forth discipline for individuals who participate in sexual harassment or create a sexually hostile work environment, and which otherwise protect employees from sexual harassment in the workplace. Defendants shall reduce the sexual harassment policy to writing and provide the writing to all employees. 3. Defendants are ordered to purge, within thirty (30) days of the entry of the final judgment, any and all employment files of Cindy Johnston, including her personnel file, of any and all documents concerning this lawsuit or the charge of employment discrimination that served as the predicate to this lawsuit. 4. Defendants and their agents are ordered to limit their response to any inquiries by any entities or persons concerning or related to Cindy Johnston to the title of the position Ms. Johnston held with Defendants at the time of her discharge, the dates of her employment in that position, and a statement that her job performance was satisfactory. SO ORDERED.
2

 
 CM/ECF Western District of Missouri - Docket Report

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?841290074057927-L_...

CLOSED, COSTTX, EAPN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:04-cv-00726-DW

Equal Employment Opportunity Commission v. Garden City Plastics Equipment and Supply Co., Inc. et al Assigned to: District Judge Dean Whipple Cause: 28:1343 Violation of Civil Rights

Date Filed: 08/18/2004 Date Terminated: 09/13/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea G. Baran US Equal Employment Opportunity Comm 400 State Ave. Suite 905 Kansas City, KS 66101 (913)551-5848 Fax: (913)551-6957 Email: andrea.baran@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrea Taylor Equal Employment Opportunity Commission 400 State Avenue Suite 905 Kansas City, KS 66101 (913)551-5844 Fax: 913-551-6957 Email: andrea.taylor@eeoc.gov TERMINATED: 07/11/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna Harper SEDEY HARPER PC 3030 Grand Ave. Suite 200 St. Louis, MO 63118 (314) 773-3566 Fax: (314) 773-3615 Email: dharper@sedeyharper.com TERMINATED: 03/20/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 18

6/7/2007 12:23 PM

CM/ECF Western District of Missouri - Docket Report 2 of 18

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?841290074057927-L_...
Eric S. Dreiband US Equal Employment Opportunity Commission St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 Fax: (314) 539-7895 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Young Reams U.S. Equal Employment Opportunity Commission St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 Fax: (314) 539-7895 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James L. Lee U.S. Equal Employment Opportunity Commission St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 Fax: (314) 539-7895 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne E. Gusewelle Equal Employment Opportunity Commission Gateway Tower II 4th and State Avenue, 9th Flr.
6/7/2007 12:23 PM

CM/ECF Western District of Missouri - Docket Report
Intervenor Plaintiff Cindy Johnston

V.
Defendant Garden City Plastics Equipment and Supply Co., Inc.

Defendant Plastic Packaging Concepts, Inc.

Date Filed

#

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?841290074057927-L_...
Kansas City, KS 66101 (913)551-6641 Fax: (913) 551-6957 Email: anne.gusewelle@eeoc.gov ATTORNEY TO BE NOTICED
represented by Bradley Kent Kavanaugh Davis Ketchmark & McCreight, PC 2345 Grand Boulevard Suite 2110 Kansas City, MO 64108 (816) 842-1515 Fax: (816) 842-4129 Email: bkavanaugh@dkelaw.com ATTORNEY TO BE NOTICED
Michael S Ketchmark Davis Ketchmark & McCreight, PC 2345 Grand Boulevard Suite 2110 Kansas City, MO 64108 (816)842-1515 Fax: (816)842-4129 Email: mike@dkelaw.com ATTORNEY TO BE NOTICED
represented by Charles E. Weedman, Jr Crouch Spangler & Douglas 117 S Lexington St P O Box 280 Harrisonville, MO 64701 816-380-3238 Fax: 816-380-2976 Email: cweedman@csdlaw.net ATTORNEY TO BE NOTICED
represented by Charles E. Weedman, Jr (See above for address) ATTORNEY TO BE NOTICED
Docket Text

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08/18/2004
08/24/2004 09/15/2004 09/16/2004 10/14/2004
10/14/2004 10/15/2004 10/19/2004 10/27/2004 10/28/2004 11/08/2004 11/09/2004

1 COMPLAINT against Garden City Plastics Equipment and Supply Co., Inc., Plastic Packaging Concepts, Inc. (Filing fee $ 150 receipt number waived) Service due by 12/16/2004, filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission.(Taylor, Andrea) Civil Cover sheet added on 8/19/2004 (Revis, Christi). (Entered: 08/18/2004)
2 Rule 16 Notice - Joint proposed scheduling order due by 12/20/2004. Signed by Judge Dean Whipple on 8/24/2004. (Johnson, Yvonne) (Entered: 08/25/2004)
3 NOTICE of appearance by Charles E. Weedman Jr on behalf of all defendants (Weedman, Charles) (Entered: 09/15/2004)
4 MOTION to intervene filed by Michael S Ketchmark on behalf of Cindy Johnston Suggestions in opposition/response due by 10/1/2004 (Attachments: # 1 Exhibit Complaint in Intervention# 2 Exhibit EEOC Charge of Discrimination)(Ketchmark, Michael) (Entered: 09/16/2004)
5 MOTION to dismiss case filed by Charles E. Weedman Jr on behalf of Garden City Plastics Equipment and Supply Co., Inc. Suggestions in opposition/response due by 10/29/2004 unless otherwise directed by the court (Weedman, Charles) Additional attachment(s) added on 10/15/2004 (Kee, Georgia). (Entered: 10/14/2004)
6 MOTION to dismiss case filed by Charles E. Weedman Jr on behalf of Plastic Packaging Concepts, Inc. Suggestions in opposition/response due by 10/29/2004 unless otherwise directed by the court (Weedman, Charles) Additional attachment(s) added on 10/15/2004 (Kee, Georgia). (Entered: 10/14/2004)
***Remark: Document #7 (filed as Affidavit of Ron Meins) has been deleted and added as an attachment to Document #5 (motion to dismiss case). Document #8 (filed as Affidavit of Judy Meins) has been deleted and added as an attachment to Document #6 (motion to dismiss case) (Kee, Georgia) (Entered: 10/15/2004)
7 Notice of EAP Neutral (Attachments: # 1 General Order)(Revis, Christi) (Entered: 10/19/2004)
8 ORDER - granting Cindy Johnston's motion to intervene 4. Johnston has filed her Complaint in Intervention, and that Complaint shall be deemed filed as of the date of this Order. Signed by Judge Dean Whipple on 10/27/2004. (Johnson, Yvonne) (Entered: 10/27/2004)
9 Joint MOTION for extension of time to file response/reply to Defendants' Motions to Dismiss filed by Michael S Ketchmark on behalf of Cindy Johnston Suggestions in opposition/response due by 11/12/2004 unless otherwise directed by the court (Ketchmark, Michael) (Entered: 10/28/2004)
10 ORDER - granting plaintiff's motion for extension of time to file response/reply 9. Suggestions in opposition to motion to dimiss due by 11/18/2004 unless otherwise directed by the court. Signed by Judge Dean Whipple on 11/8/2004. (Johnson, Yvonne) (Entered: 11/08/2004)
11 AMENDED COMPLAINT in Intervention against all defendants all defendants. filed by Michael S Ketchmark on behalf of Cindy Johnston. (Attachments: # 1 Exhibit EEOC Charge of Discrimination)(Ketchmark, Michael) (Entered: 11/09/2004)

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11/09/2004 11/16/2004 11/18/2004
11/18/2004 11/18/2004
12/03/2004 12/20/2004 12/22/2004 12/23/2004

12 MOTION for leave to file First Amended Complaint filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 11/24/2004 unless otherwise directed by the court (Attachments: # 1 Exhibit A)(Taylor, Andrea) (Entered: 11/09/2004)
13 ORDER - granting plaintiff's motion for leave to file a first amended complaint. 12 Signed by Judge Dean Whipple on 11/16/2004. (Johnson, Yvonne) (Entered: 11/17/2004)
14 SUGGESTIONS in opposition re 5 MOTION to dismiss case, 6 MOTION to dismiss case filed by Michael S Ketchmark on behalf of Intervenor Plaintiff Cindy Johnston. Reply suggestions due by 12/3/2004 unless otherwise directed by the court (Attachments: # 1 Exhibit 1, D&B Report# 2 Exhibit 2, MO Sec of State Records# 3 Exhibit 3 Johnston Affidavit# 4 Exhibit 4 Picture of Common Premises# 5 Exhibit 5 Fax to John Alden Life Ins Co# 6 Exhibit 6 Defs' Training Log# 7 Exhibit 7 Silva Confidentiality Agreement# 8 Exhibit 8 Silva Health Ins Form# 9 Exhibit 9 Kime Health Ins Form# 10 Exhibit 10 Silva Life Ins Form# 11 Exhibit 11 Kime Life Ins Form# 12 Exhibit 12 Letter from Weedman to Johnson# 13 Exhibit 13 Personnel Manual# 14 Exhibit 14 Anti-Harassment Policy Ack Form# 15 Exhibit 15 Employee Manual Ack Form# 16 Exhibit 16 Drug Test Notice# 17 Exhibit 17 Training Log# 18 Exhibit 18 Employment Roster# 19 Exhibit 19 McCreight Affidavit)(Related document(s)5, 6) (Ketchmark, Michael) (Entered: 11/18/2004)
15 AMENDED COMPLAINT against all defendants all defendants. filed by Andrea Taylor on behalf of Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 11/18/2004)
16 SUGGESTIONS in opposition re 5 MOTION to dismiss case, 6 MOTION to dismiss case filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 12/3/2004 unless otherwise directed by the court (Attachments: # 1 Exhibit 1 - Johnston's Affidavit# 2 Exhibit 2 - Taylor's Affidavit# 3 Exhibit 3 - GCP Homepage# 4 Exhibit 4 - Sec of State docs# 5 Exhibit 5 - Letter# 6 Exhibit 6 - Silva's docs# 7 Exhibit 7 - Kime's docs# 8 Exhibit 8 -Silva's Agreement# 9 Exhibit 9 - Ack forms# 10 Exhibit 10 Misc docs)(Related document(s)5, 6) (Taylor, Andrea) (Entered: 11/18/2004)
17 REPLY SUGGESTIONS to motion re 5 MOTION to dismiss case, 6 MOTION to dismiss case to Plaintiff's Suggestions in Opposition filed by Charles E. Weedman Jr on behalf of Defendants Garden City Plastics Equipment and Supply Co., Inc., Plastic Packaging Concepts, Inc.. (Related document(s)5, 6) (Weedman, Charles) (Entered: 12/03/2004)
18 PROPOSED SCHEDULING ORDER And Discovery Plan by Equal Employment Opportunity Commission. (Taylor, Andrea) (Entered: 12/20/2004)
19 First CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 12/22/2004)
20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity

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12/27/2004 01/07/2005 01/24/2005 01/28/2005 01/28/2005 02/01/2005 02/03/2005 02/03/2005 03/01/2005 03/01/2005 03/01/2005 03/01/2005 03/01/2005

Commission.(Taylor, Andrea) (Entered: 12/23/2004)
21 ORDER denying 5 motion to dismiss case, denying 6 motion to dismiss case. Signed by Judge Dean Whipple on 12/27/04. (Diefenbach, Tracy) (Entered: 12/27/2004)
22 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES of Plaintiff-Intervener Cindy Johnston filed by Michael S Ketchmark on behalf of Intervenor Plaintiff Cindy Johnston.(Ketchmark, Michael) (Entered: 01/07/2005)
23 CERTIFICATE of counsel Regarding Outside Neutral Mediator by Andrea Taylor on behalf of Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 01/24/2005)
24 TRIAL ORDER: Case set on the accelerated jury trial set for 4/3/2006, and continues through the end of the week of 4/17/2006 at 9:00 A.M. before Dean Whipple. Signed by Judge Dean Whipple on 1/28/2005. (Johnson, Yvonne) (Entered: 01/28/2005)
25 SCHEDULING ORDER: Discovery shall close as of 6/16/2005. Signed by Judge Dean Whipple on 1/28/2005. (Johnson, Yvonne) (Entered: 01/28/2005)
26 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission First Interrogatories and First Request for Production of Documents filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 02/01/2005)
27 CERTIFICATE OF SERVICE by Cindy Johnston for First Interrogatories and First Request for Production of Documents to Defendant Garden City Plastics Equipment and Supply Co., Inc. filed by Michael S Ketchmark on behalf of Intervenor Plaintiff Cindy Johnston.(Ketchmark, Michael) (Entered: 02/03/2005)
28 CERTIFICATE OF SERVICE by Cindy Johnston for First Interrogatories and First Request for Production of Documents to Defendant Plastic Packaging Concepts, Inc. filed by Michael S Ketchmark on behalf of Intervenor Plaintiff Cindy Johnston.(Ketchmark, Michael) (Entered: 02/03/2005)
29 NOTICE to take deposition of Karen Looney filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
30 NOTICE to take deposition of Chris Moon filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
31 NOTICE to take deposition of Leta DeHart filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
32 NOTICE to take deposition of William Warner filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
33 NOTICE to take deposition of Dorothy Taylor filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)

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03/01/2005 03/01/2005 03/01/2005 03/01/2005 03/01/2005 03/01/2005 03/02/2005 03/07/2005 03/08/2005 03/11/2005 03/11/2005 03/11/2005 03/11/2005 03/24/2005

34 NOTICE to take deposition of Judy Meins filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
35 NOTICE to take deposition of Michael Kime filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
36 NOTICE to take deposition of Rebecca Warner filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
37 NOTICE to take deposition of Eligio Silva filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
38 NOTICE to take deposition of Ron Meins filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
39 CERTIFICATE OF SERVICE by Cindy Johnston for First Supplemental Rule 26 Disclosures filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/01/2005)
40 NOTICE to take deposition of Cindy Johnston filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 03/02/2005)
41 CERTIFICATE OF SERVICE by all defendants filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 03/07/2005)
42 Amended NOTICE to take deposition of Michael Kime filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 03/08/2005)
43 RETURN OF SERVICE (non cmp) upon Karen Looney (Attachments: # 1 Exhibit Deposition Notice of Karen Looney)(Kavanaugh, Bradley) (Entered: 03/11/2005)
44 RETURN OF SERVICE (non cmp) of Subpoena for Deposition upon Chris Moon (Attachments: # 1 Exhibit Deposition Notice of Chris Moon)(Kavanaugh, Bradley) (Entered: 03/11/2005)
45 RETURN OF SERVICE (non cmp) of Subpoena for Deposition upon Leta DeHart (Attachments: # 1 Exhibit Deposition Notice of Leta DeHart)(Kavanaugh, Bradley) (Entered: 03/11/2005)
46 RETURN OF SERVICE (non cmp) of Subpoena for Deposition of William Warner (Attachments: # 1 Exhibit Deposition Notice of William Warner)(Kavanaugh, Bradley) (Entered: 03/11/2005)
47 CERTIFICATE OF SERVICE by all defendants re 26 Certificate of Service, 27 Certificate of Service,, 28 Certificate of Service, Defendant's Plastics Packaging Concepts, Inc.'s Responses and Objections to Plaintiff EEOC's First Interrogatories; Defendant Garden City Plastics Equipment and Supply, Inc.'s

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03/28/2005 03/29/2005 03/30/2005
03/30/2005 04/01/2005 04/05/2005

Responses and Objections to Plaintiff EEOC's First Interrogatories; Defendants Plastics Packaging Concepts, Inc.'s Separate Responses and Objections to Plaintiff Cindy Johnston's First Interrogatories; and Defendant Garden City Plastics Equipment and Supply, Inc.'s Separate Responses and Objections to Plaintiff Cindy Johnston's First Interrogatories filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc.. Related document: 26 Certificate of Service filed by Equal Employment Opportunity Commission,, 27 Certificate of Service, filed by Cindy Johnston,, 28 Certificate of Service, filed by Cindy Johnston,.(Weedman, Charles) (Entered: 03/24/2005)
48 Amended NOTICE to take deposition of Cindy Johnston filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 03/28/2005)
49 NOTICE OF Telephone Conference set for 3/30/2005 at 8:00 A.M. in Chambers before Dean Whipple. Signed by Judge Dean Whipple on 3/29/2005. (Johnson, Yvonne) (Entered: 03/29/2005)
THIS DOCUMENT HAS BEEN DELETED PER CHAMBERS AND WILL BE RE-FILED CORRECTLY. ORDER - pursuant to telephone conference held on 3/30/2005. ORDERED that the Defendants shall answer the Plaintiffs' Interrogatories on or before 4/6/2006. [See order for details] Signed by Judge Dean Whipple on 3/30/2005. (Johnson, Yvonne) Modified on 4/1/2005 (Sullivan, Tanya). (Entered: 03/30/2005)
50 ORDER - pursuant to telephone conference with the parties to reolve certain discovery disputes. ORDERED that the Defendants shall answer the Plaintiffs' Interrogatories on or before 4/6/2006. Signed by Judge Dean Whipple on 3/30/2005. (Johnson, Yvonne) (Entered: 04/01/2005)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 3/30/05 (#50) as Order. This document has been deleted from the entry. Chambers will refile a corrected document. This is a text entry only no document is attached. (Sullivan, Tanya) (Entered: 04/01/2005)
51 CERTIFICATE OF SERVICE by all defendants re 50 Order,, 26 Certificate of Service, 27 Certificate of Service,, 28 Certificate of Service, Defendant's Plastics Packaging Concepts, Inc.'s Responses and Objections to Plaintiff EEOC's First Interrogatories; Defendant Garden City Plastics Equipment and Supply, Inc.'s Responses to Plaintiff EEOC's First Interrogatories; Defendants Plastics Packaging Concepts, Inc.'s Separate Responses and Objections to Plaintiff Cindy Johnston's First Interrogatories; and Defendant Garden City Plastics Equipment and Supply, Inc.'s Separate Responses to Plaintiff Cindy Johnston's First Interrogatories filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc.. Related document: 50 Order,, 26 Certificate of Service filed by Equal Employment Opportunity Commission,, 27 Certificate of Service, filed by Cindy Johnston,, 28 Certificate of Service, filed by Cindy Johnston,.(Weedman, Charles) (Entered: 04/05/2005)

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04/15/2005
04/18/2005
04/20/2005 04/20/2005 04/26/2005
04/27/2005 04/27/2005 04/27/2005 04/27/2005 04/29/2005
05/03/2005 05/04/2005 05/04/2005 05/04/2005 05/04/2005 05/04/2005

52 RESPONSE to order re 25 Scheduling Order for Plaintiff Intervenor Cindy Johnston's Designation of Incidents filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston. (Related document(s)25) (Kavanaugh, Bradley) (Entered: 04/15/2005)
53 RESPONSE to order re 25 Scheduling Order Designation of Discriminatory Incidents filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s)25) (Taylor, Andrea) (Entered: 04/18/2005)
54 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Karen Looney, taken on 4/8/05 (Kee, Georgia) (Entered: 04/20/2005)
55 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Christopher Moon, taken on 4/8/05 (Kee, Georgia) (Entered: 04/20/2005)
56 CERTIFICATE OF SERVICE by Cindy Johnston for Response to Defendants' First Request for Production of Documents filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 04/26/2005)
57 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Leta DeHart, taken on 4/13/05 (Kee, Georgia) (Entered: 04/27/2005)
58 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Cynthia Ann Johnston, taken on 4/14/05 (Kee, Georgia) (Entered: 04/27/2005)
59 CERTIFICATE OF TRANSMISSION OF DEPOSITION of William Larry Warner, taken on 4/13/05 (Kee, Georgia) (Entered: 04/27/2005)
60 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Dorothy Taylor, taken on 4/14/05 (Kee, Georgia) (Entered: 04/27/2005)
61 CERTIFICATE OF SERVICE by Cindy Johnston for Issuance of Subpoena for Documents filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston. (Attachments: # 1 Exhibit Subpoena)(Kavanaugh, Bradley) (Entered: 04/29/2005)
62 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Judy Meins, taken on 4/15/05 (Kee, Georgia) (Entered: 05/03/2005)
63 NOTICE to take deposition of Barbara Todd filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 05/04/2005)
64 RETURN OF SERVICE (non cmp) of subpoena upon Barbara Todd for deposition (Kavanaugh, Bradley) (Entered: 05/04/2005)
65 RETURN OF SERVICE (non cmp) of Subpoena upon Tracker Marine (Kavanaugh, Bradley) (Entered: 05/04/2005)
66 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Eligio F. Silva, taken on 4/21/05 (Kee, Georgia) (Entered: 05/04/2005)
67 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Rebecca Warner, taken on 4/21/05 (Kee, Georgia) (Entered: 05/04/2005)

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05/06/2005 05/06/2005 05/09/2005 05/09/2005
05/09/2005 05/09/2005 05/10/2005 05/11/2005 05/11/2005 05/11/2005 05/11/2005 05/18/2005

68 NOTICE to take deposition of Chris Thomas filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 05/06/2005)
69 NOTICE to take deposition of Lawrence Kihn filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 05/06/2005)
70 CERTIFICATE OF SERVICE by Plastic Packaging Concepts, Inc. Defendant Plastic Packaging Concepts, Inc.'s First Interrogatories to Plaintiff Cindy Johnston filed by Charles E. Weedman, Jr on behalf of Defendant Plastic Packaging Concepts, Inc..(Weedman, Charles) (Entered: 05/09/2005)
71 CERTIFICATE OF SERVICE by Plastic Packaging Concepts, Inc. Defendant Plastic Packaging Concepts, Inc.'s First Interrogatories to Plaintiff Equal Employment Opportunity Commission and Defendant Plastics Packaging Concepts, Inc.'s First Request for Production of Documents to Plaintiff Equal Employment Opportunity Commission filed by Charles E. Weedman, Jr on behalf of Defendant Plastic Packaging Concepts, Inc..(Weedman, Charles) (Entered: 05/09/2005)
77 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Ronnie L. Meins taken on 4/27/05 (Kee, Georgia) (Entered: 05/12/2005)
78 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Michael Kime taken on 4/27/05 (Kee, Georgia) (Entered: 05/12/2005)
72 CERTIFICATE OF SERVICE by Cindy Johnston for Second Supplemental Rule 26 Disclosures filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 05/10/2005)
73 Defendant Plastics Packaging Concepts, Inc.'s ANSWER to Amended Complaint of Plaintiff/Intervenor Cindy Johnston filed by Charles E. Weedman, Jr on behalf of Defendant Plastic Packaging Concepts, Inc..(Weedman, Charles) (Entered: 05/11/2005)
74 Defendant Plastics Packaging Concepts, Inc.'s ANSWER to Amended Complaint of EEOC filed by Charles E. Weedman, Jr on behalf of Defendant Plastic Packaging Concepts, Inc..(Weedman, Charles) (Entered: 05/11/2005)
75 Defendant Garden City Plastics Equipment and Supply Co., Inc.'s ANSWER to Amended Complaint of Plaintiff /Intervenor Cindy Johnston filed by Charles E. Weedman, Jr on behalf of Defendant Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 05/11/2005)
76 Defendant Garden City Plastics Equipment and Supply Co., Inc.'s ANSWER to Amended Complaint of EEOC filed by Charles E. Weedman, Jr on behalf of Defendant Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 05/11/2005)
79 CERTIFICATE OF SERVICE by all defendants for Issuance of Subpoena for documents filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc.. (Attachments: # 1 Exhibit Subpoena)(Weedman, Charles) (Entered: 05/18/2005)

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05/18/2005 05/18/2005 05/19/2005 05/23/2005
05/25/2005 05/27/2005 06/02/2005 06/02/2005 06/02/2005 06/08/2005
06/09/2005 06/10/2005 06/10/2005 06/15/2005
06/16/2005

80 Amended NOTICE to take deposition of Chris Thomas filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 05/18/2005)
81 Amended NOTICE to take deposition of Lawrence Kihn filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 05/18/2005)
82 CERTIFICATE OF SERVICE by Cindy Johnston for Third Supplemental Rule 26 Disclosures filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 05/19/2005)
83 CERTIFICATE OF SERVICE by Cindy Johnston for Issuance of Subpoena for Documents filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston. (Attachments: # 1 Exhibit Subpoena)(Kavanaugh, Bradley) (Entered: 05/23/2005)
84 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Barbara Todd, taken on 5/18/05 (Kee, Georgia) (Entered: 05/26/2005)
85 RETURN OF SERVICE (non cmp) of Subpoena upon ConAgra Foods (Kavanaugh, Bradley) (Entered: 05/27/2005)
86 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Christopher Thomas (Kee, Georgia) (Entered: 06/02/2005)
87 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Lawrence Kinh (Kee, Georgia) (Entered: 06/02/2005)
88 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Jeffrey Johnston (Kee, Georgia) (Entered: 06/02/2005)
89 CERTIFICATE OF SERVICE by Cindy Johnston for Responses to Defendant Plastic Packaging Concepts, Inc.'s First Interrogatories filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 06/08/2005)
90 Amended NOTICE to take deposition of Eligio Silva filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 06/09/2005)
91 CERTIFICATE OF SERVICE by Cindy Johnston for Fourth Supplemental Rule 26 DIsclosures filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff Cindy Johnston.(Kavanaugh, Bradley) (Entered: 06/10/2005)
92 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission filed by Andrea Taylor on behalf of Plaintiff Equal Employment Opportunity Commission.(Taylor, Andrea) (Entered: 06/10/2005)
93 CERTIFICATE OF SERVICE by all defendants of Defendants' First Supplemental Disclosures Under Rule 26 filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 06/15/2005)
94 CERTIFICATE OF SERVICE by Cindy Johnston for Fifth Supplemental Rule 26 Disclosures filed by Bradley Kent Kavanaugh on behalf of Intervenor Plaintiff

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06/22/2005 06/29/2005 06/29/2005
07/11/2005 02/13/2006 02/17/2006 02/21/2006 02/21/2006 02/21/2006 02/21/2006 02/21/2006 02/27/2006 02/27/2006 02/27/2006
02/27/2006

Cindy Johnston.(Kavanaugh, Bradley) (Entered: 06/16/2005)
95 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Eligio F. Silva (Kee, Georgia) (Entered: 06/23/2005)
96 NOTICE of appearance by Andrea G. Baran on behalf of Equal Employment Opportunity Commission (Baran, Andrea) (Entered: 06/29/2005)
97 MOTION to withdraw as attorney filed byAndrea Taylor on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 7/14/2005 unless otherwise directed by the court (Taylor, Andrea) (Entered: 06/29/2005)
98 ORDER - granting Plaintiff's 97 motion to withdraw as attorney. Attorney Andrea Taylor terminated. Signed by Judge Dean Whipple on 7/11/2005. (Johnson, Yvonne) (Entered: 07/11/2005)
99 STIPULATION of Facts by Plastic Packaging Concepts, Inc., Cindy Johnston, Equal Employment Opportunity Commission, Garden City Plastics Equipment and Supply Co., Inc.. (Baran, Andrea) (Entered: 02/13/2006)
100 NOTICE of appearance by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission (Gusewelle, Anne) (Entered: 02/17/2006)
101 Notice of Inclusion - 2006 Spring Civil Accelerated Docket (Diaz, Diana) (Entered: 02/21/2006)
102 DESIGNATION of Deposition Testimony by Plaintiffs by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 02/21/2006)
103 Joint PROPOSED EXHIBIT LIST by Plaintiffs by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 02/21/2006)
104 Joint PROPOSED JURY INSTRUCTIONS by Equal Employment Opportunity Commission for Plaintiffs. (Baran, Andrea) (Entered: 02/21/2006)
105 Joint PROPOSED WITNESS LIST by Equal Employment Opportunity Commission for Plaintiffs. (Baran, Andrea) (Entered: 02/21/2006)
106 PROPOSED EXHIBIT LIST by Garden City Plastics Equipment and Supply Co., Inc. and by Plastic Packaging Concepts, Inc.. (Weedman, Charles) (Entered: 02/27/2006)
107 PROPOSED WITNESS LIST by Garden City Plastics Equipment and Supply Co., Inc. and Plastic Packaging Concepts. (Weedman, Charles) (Entered: 02/27/2006)
108 DESIGNATION of Exhibits Listed by Plaintiffs to which Identification and Authentication is Waived by Plastic Packaging Concepts and by Garden City Plastics Equipment and Supply Co., Inc.. (Weedman, Charles) (Entered: 02/27/2006)
109 DESIGNATION of Defendants' Joint Deposition Designations to be Entered as Objections to Plaintiffs' Designated Deposition Testimony by Plastic Packaging Concepts and by Garden City Plastics Equipment and Supply Co., Inc.. (Weedman, Charles) (Entered: 02/27/2006)

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02/27/2006
02/27/2006 02/27/2006 03/03/2006
03/06/2006 03/06/2006 03/06/2006
03/08/2006 03/13/2006 03/13/2006 03/13/2006 03/13/2006 03/15/2006

110 DESIGNATION of Defendants' Joint Deposition Designations to be Entered as Cross-examination Testimony by Plastic Packaging Concepts and by Garden City Plastics Equipment and Supply Co., Inc.. (Weedman, Charles) (Entered: 02/27/2006)
111 DESIGNATION of Defendants' Joint Deposition Designations for Case-in-Chief by Plastic Packaging Concepts and by Garden City Plastics Equipment and Supply Co., Inc.. (Weedman, Charles) (Entered: 02/27/2006)
112 PROPOSED JURY INSTRUCTIONS by Garden City Plastics Equipment and Supply Co., Inc. and Plastic Packaging Concepts. (Weedman, Charles) (Entered: 02/27/2006)
113 Joint MOTION in limine by Plaintiffs filed byAndrea G. Baran on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 3/20/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit A)(Baran, Andrea) (Entered: 03/03/2006)
114 DESIGNATION of Depositions for Cross Examination by Plaintiff and Plaintiff-Intervenor by Cindy Johnston. (Kavanaugh, Bradley) (Entered: 03/06/2006)
115 DESIGNATION of Exhibits Listed by Defendants' to Which Identification and Authentication is Waived by Plaintiff and Plaintiff-Intervenor by Cindy Johnston. (Kavanaugh, Bradley) (Entered: 03/06/2006)
116 OBJECTIONS (non motions) re 110 DESIGNATION Plaintiffs' Objections to Defendants' Deposition Designations. Related document: 110 DESIGNATION filed by Garden City Plastics Equipment and Supply Co., Inc.,.(Baran, Andrea) (Entered: 03/06/2006)
117 CERTIFICATE OF SERVICE by all defendants filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc..(Weedman, Charles) (Entered: 03/08/2006)
118 Joint PROPOSED VOIR DIRE by Cindy Johnston and Plaintiff Equal Employment Opportunity Commission. (Kavanaugh, Bradley) (Entered: 03/13/2006)
119 PROPOSED VOIR DIRE by Garden City Plastics Equipment and Supply Co., Inc. and Plastic Packaging Concepts, Inc.. (Weedman, Charles) (Entered: 03/13/2006)
120 TRIAL BRIEF by Plastic Packaging Concepts, Inc. and by Garden City Plastics Equipment and Supply Co., Inc.. (Weedman, Charles) (Entered: 03/13/2006)
121 Joint TRIAL BRIEF by Plaintiffs EEOC and Cindy Johnston by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/13/2006)
122 MOTION to withdraw as attorney filed byDonna Harper on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 3/30/2006 unless otherwise directed by the court (Harper, Donna) (Entered: 03/15/2006)

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03/17/2006 03/20/2006 03/21/2006
03/21/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006

123 Spring 2006 Civil Accelerated Docket - Placement Notice. (Attachments: # 1) (Diaz, Diana) (Entered: 03/17/2006)
125 ORDER - granting plaintiff's 122 motion to withdraw as attorney. Attorney Donna Harper terminated. Signed by Judge Dean Whipple on 3/20/2006. (Johnson, Yvonne) (Entered: 03/21/2006)
124 SUGGESTIONS in opposition re 113 Joint MOTION in limine by Plaintiffs filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc.. Reply suggestions due by 4/5/2006 unless otherwise directed by the court (Related document(s)113) (Weedman, Charles) (Entered: 03/21/2006)
126 ORDER - that the parties appear for a pretrial conference on 3/27/2006 at 1:30 P.M. at Courtroom 8B, Kansas City, MO. Signed by Judge Dean Whipple on 3/21/2006. (Johnson, Yvonne) (Entered: 03/21/2006)
127 Update - 2006 Spring Civil Accelerated Docket (Diaz, Diana) (Entered: 03/24/2006)
128 AFFIDAVIT of service for Subpoena served on Barbara Todd on 2/23/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
129 AFFIDAVIT of service for Subpoena served on Chris Moon on 2/26/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
130 AFFIDAVIT of service for Subpoena served on Leta DeHart on 2/23/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
131 AFFIDAVIT of service for Subpoena served on Dorothy Taylor on 2/28/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
132 AFFIDAVIT of service for Subpoena served on Eligio Silva on 2/23/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
133 AFFIDAVIT of service for Subpoena served on Judy Meins on 2/28/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
134 AFFIDAVIT of service for Subpoena served on Karen Looney on 2/26/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
135 AFFIDAVIT of service for Subpoena served on Michael Kime on 2/23/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
136 AFFIDAVIT of service for Subpoena served on Rebecca Warner on 2/23/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)

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03/24/2006 03/24/2006 03/24/2006
03/24/2006
03/25/2006 03/27/2006 03/27/2006 03/29/2006 04/04/2006
04/05/2006

137 AFFIDAVIT of service for Subpoena served on Ron Meins on 2/28/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
138 AFFIDAVIT of service for Subpoena served on William (Larry) Warner on 3/8/06, filed by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 03/24/2006)
139 Joint MOTION for leave to file Motion in Limine Out of Time filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 4/10/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit A - Proposed Motion in Limine)(Baran, Andrea) (Entered: 03/24/2006)
140 REPLY SUGGESTIONS in SUPPORT to motion re 113 Joint MOTION in limine by Plaintiffs filed by Andrea G. Baran on behalf of Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Johnston Depo. Excerpt)(Related document(s)113) (Baran, Andrea) Modified on 3/27/2006 to correct event title. (Carr, Lori). (Entered: 03/24/2006)
141 Joint MOTION for leave to file Motion In Limine Out Of Time filed by Charles E. Weedman, Jr on behalf of all defendants Suggestions in opposition/response due by 4/10/2006 unless otherwise directed by the court (Attachments: # 1 Exhibit Motion In Limine)(Weedman, Charles) (Entered: 03/25/2006)
142 Reply TRIAL BRIEF in Response to Defendant's Trial Brief by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A Determination Letter# 2 Exhibit B - Conciliation Failure Letter)(Baran, Andrea) (Entered: 03/27/2006)
146 Minute Entry for proceedings held before Judge Dean Whipple : FINAL PRETRIAL CONFERENCE held on 3/27/2006. (Court Reporter D. Lamken.) (Kee, Georgia) (Entered: 04/07/2006)
143 ORDER RESETTING TRIAL: Case is reset for jury trial commencing 8/21/2006, at 9:00 A. M. in Courtroom 8B, Kansas City, MO. before Dean Whipple. Signed by Judge Dean Whipple on 3/29/2006. (Johnson, Yvonne) (Entered: 03/29/2006)
144 SUGGESTIONS in opposition re 141 Joint MOTION for leave to file Motion In Limine Out Of Time filed by Anne E. Gusewelle on behalf of Plaintiff Equal Employment Opportunity Commission. Reply suggestions due by 4/19/2006 unless otherwise directed by the court (Related document(s)141) (Gusewelle, Anne) (Entered: 04/04/2006)
145 ORDER - granting plaintiff's joint 113 motion in limine to exclude evidence regarding misdemeanor assault charge, granting plaintiff's 139 motion for leave to file motion in limine out of time, denying plaintiffs' motion in limine to exclude "certificate of assessment of overpaid benefits" (139-2); granting defendants' motion for leave to file a motion in limine out of time. Defendants shall file the motion in the form submitted (Doc. 141-2) within 15 days of the date of this order; and ORDERS that Plaintiffs have invoked the rule excluding witnesses. See Fed. R. Civ. P. 615. 141. Signed by Judge Dean Whipple on 4/5/2006. (Johnson, Yvonne) (Entered: 04/05/2006)

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04/11/2006 07/26/2006
08/07/2006 08/08/2006 08/21/2006 08/21/2006
08/22/2006 08/23/2006
08/23/2006
08/23/2006 08/23/2006 08/24/2006
08/24/2006 08/24/2006 08/24/2006

147 MOTION in limine filed by Charles E. Weedman, Jr on behalf of all defendants Suggestions in opposition/response due by 4/26/2006 unless otherwise directed by the court (Weedman, Charles) (Entered: 04/11/2006)
148 TRANSCRIPT of Pretrial Conference held on 3/27/06 before Judge Dean Whipple. Court Reporter: Sandra Lamken. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Kee, Georgia) (Entered: 07/27/2006)
149 ORDER - granting in part and denying in part defendants' joint 147 motion in limine. Signed by Judge Dean Whipple on 8/7/2006. (Johnson, Yvonne) (Entered: 08/07/2006)
150 RETURN OF SERVICE (non cmp) of Subpoena for Angie Decker (Kavanaugh, Bradley) (Entered: 08/08/2006)
151 JURY LIST (SEALED). (Kee, Georgia) (Entered: 08/22/2006)
152 Minute Entry for proceedings held before Judge Dean Whipple : 1st day of JURY TRIAL held on 8/21/2006, VOIR DIRE held on 8/21/2006. Court adjourned until 8/22/06 at 9:00 a.m. (Court Reporter D. Lamken.) (Kee, Georgia) (Entered: 08/22/2006)
153 Minute Entry for proceedings held before Judge Dean Whipple : 2nd day ofJURY TRIAL held on 8/22/2006. Trial resumes. Court adjourned until 8/23/06 at 9:00 a.m. (Court Reporter D. Lamken.) (Kee, Georgia) (Entered: 08/23/2006)
154 MOTION for directed verdict filed by Charles E. Weedman, Jr on behalf of Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc. Suggestions in opposition/response due by 9/7/2006 unless otherwise directed by the court (Kee, Georgia) (Entered: 08/24/2006)
155 Minute Entry for proceedings held before Judge Dean Whipple : 3rd day ofJURY TRIAL held on 8/23/2006. Trial resumes. Plaintiffs rest. Jury excusted until 8/24/06 @ 9:00 a.m. (Court Reporter D. Lamken.) (Kee, Georgia) (Entered: 08/24/2006)
159 MOTION for order to use videotaped deposition of Larry Kihn filed by Charles E. Weedman, Jr on behalf of all defendants. (Jones, Robin) (Entered: 09/01/2006)
160 AFFIDAVIT by Chris Thomas filed Charles E. Weedman, Jr., on behalf of all defendants. (Jones, Robin) (Entered: 09/01/2006)
158 Minute Entry for proceedings held before Judge Dean Whipple : 4th day of JURY TRIAL completed on 8/24/2006. Trial resumes, defendant rests. Court reads final instructions to the jury panel. Jury returns to the courtroom with verdict. Jury polled. Judgment entered. Court adjourned. (Court Reporter Denna Lamken.) (Carr, Lori) (Entered: 08/30/2006)
161 JURY INSTRUCTIONS GIVEN. (Jones, Robin) (Entered: 09/01/2006)
162 SOURCE INSTRUCTIONS GIVEN. (Jones, Robin) (Entered: 09/01/2006)
163 JURY INSTRUCTIONS REFUSED. (Jones, Robin) (Entered: 09/01/2006)

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08/24/2006 08/24/2006 08/24/2006 08/24/2006 08/24/2006 08/24/2006 08/24/2006 08/29/2006
08/29/2006
09/01/2006 09/07/2006
09/08/2006
09/11/2006
09/11/2006
09/13/2006
09/13/2006 09/15/2006

164 ADDITIONAL JURY INSTRUCTIONS GIVEN. (Jones, Robin) (Entered: 09/01/2006)
166 DEFENDANTS' EXHIBIT INDEX. (Jones, Robin) (Entered: 09/01/2006)
167 JURY NOTES (SEALED). (Jones, Robin) (Entered: 09/01/2006)
168 JURY VERDICT (REDACTED). (Jones, Robin) (Entered: 09/01/2006)
169 JURY VERDICT - UNREDACTED (SEALED). (Jones, Robin) (Entered: 09/01/2006)
170 JURY VERDICT (REDACTED) as to Jury Instruction No. 20. (Jones, Robin) (Entered: 09/01/2006)
171 JURY VERDICT - UNREDACTED (SEALED) as to Jury Instruction No. 20. (Jones, Robin) (Entered: 09/01/2006)
156 MOTION for permanent injunction filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 9/13/2006 unless otherwise directed by the court (Baran, Andrea) (Entered: 08/29/2006)
157 SUGGESTIONS in support re 156 MOTION for permanent injunction filed by Andrea G. Baran on behalf of Plaintiff Equal Employment Opportunity Commission. (Related document(s)156) (Baran, Andrea) (Entered: 08/29/2006)
165 PLAINTIFF'S EXHIBIT INDEX. (Jones, Robin) (Entered: 09/01/2006)
172 Joint MOTION for extension of time in Which to File Motion for Statutory Attorneys' Fees and Expenses filed by Bradley Kent Kavanaugh on behalf of Cindy Johnston Suggestions in opposition/response due by 9/22/2006 unless otherwise directed by the court (Kavanaugh, Bradley) (Entered: 09/07/2006)
173 PROPOSED BILL OF COSTS by Equal Employment Opportunity Commission.Objections to Bill of Costs due by 9/25/2006 (Attachments: # 1 Exhibit 1 - Itemized Expenses# 2 Exhibit 2 - Invoices)(Baran, Andrea) (Entered: 09/08/2006)
174 ORDER - granting joint 172 motion for extension of time to file a motion for statutory attorney fees and expenses. ORDERS that Johnston may file a motion for fees on or before 9/13/2006. Signed by Judge Dean Whipple on 9/11/2006. (Johnson, Yvonne) (Entered: 09/13/2006)
175 ORDER - denying defendant's 154 motion for directed verdict, denying as moot defendant's 159 motion to play video deposition. Signed by Judge Dean Whipple on 9/11/2006. (Johnson, Yvonne) (Entered: 09/13/2006)
***Remark - THE PREVIOUS DOCKET ENTRY OF THE ORDER FILED 9/11/2006 DELETED DUE TO ERROR. THE CORRECTED ORDER WILL BE ENTERED. (Johnson, Yvonne) (Entered: 09/13/2006)
176 CLERK'S JUDGMENT - entered. (Johnson, Yvonne) (Entered: 09/13/2006)
177 RESPONSE to motion re 156 MOTION for permanent injunction and Objections filed by Charles E. Weedman, Jr on behalf of Defendants Plastic Packaging Concepts, Inc., Garden City Plastics Equipment and Supply Co., Inc.. Reply

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10/18/2006 10/27/2006

suggestions due by 10/2/2006 unless otherwise directed by the court (Related document(s)156) (Weedman, Charles) (Entered: 09/15/2006)
178 ORDER - granting in part 156 motion for permanent injunction. Signed by Judge Dean Whipple on 10/18/2006. (Johnson, Yvonne) (Entered: 10/18/2006)
179 COSTS TAXED in amount of $ $9,108.47 in faovr of plaintiff Equal Employment Opportunity Commission and against defendants (Elayer, Glenda) (Entered: 10/27/2006)

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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

CINDY JOHNSTON,

)

)

PlaintifflIntervenor,

)

)

v.

)

)

GARDEN CITY PLASTICS EQUIPMENT )

AND SUPPLY CO., INC., and

)

PLASTIC PACKAGING CONCEPTS, INC., )

)

Defendants.

)

Case No. 04-0726-CV-DW

VERDICT

We, the jury, duly impaneled and sworn, upon our oaths, present the following answers to the questions submitted by the Court.

Question: 1. Do you find by the preponderance of the evidence that plaintiff Cindy

JohnstoI\ '(as subjected to sexual harassment as set forth in the Instruction

No. I

?

NOTE:

--.J.X+-- _____No. Yes
If your answer is "Yes" to question I, proceed to the next section and answer questions 2-5. If your answer is "No," have your foreperson sign and date this form and notify the bailiff that you have reached a verdict.

Question: 2. Do you find by the preponderance of the evidence that defendant Plastic

Packaging Concepts, Inc. and defendant Garden City Plastics Equipment and

/# Supply Company, Inc. are a "single employer" as set forth in the Instruction

No.

?

--.'Xf-t,-- Yes _____ No.
Question: 3. State the amount of damages which will fairly compensate plaintiff Johnston for any emotional pain and suffering, inconvenience, mental anguish,

embarrassment, humiliation and loss ofenjoyment oflife which you find she sustained as a result of defendant Plastic Packaging Concepts' unlawful conduct.

Question: 4. Do you find that defendant Plastic Pa~aging Concepts is liable for punitive

damages under Instruction No. •j,

?

--:i-lf".\;---- Yes _____ No.

Question: 5. If your answer is "Yes" to question 4, state the amouPhofpunitive damages

which you award plaintiff under Instruction No. II

?

/

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOU
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

CINDY JOHNSTON,

)

)

PlaintifflIntervenor,

)

)

v.

)

)

GARDEN CITY PLASTICS EQUIPMENT )

AND SUPPLY CO., INC., and

)

PLASTIC PACKAGING CONCEPTS, INC., )

)

Defendants.

)

Case No. 04-0726-CV-DW

VERDICT

We, the jury, duly impaneled and sworn, upon our oaths, present the following answers to the questions submitted by the Court.

Question: 1. Do you find by the preponderance of the evidence that plaintiff

ohnston was subjected to sexual harassment as set forth in the I

N.

?

NOTE: Question:
Question:

_ _ _ _ _~Yes _ _ _ _ _ No.
If your answer is "Yes" to uestion I, procee 0 the next section and answer questions 2-5. If your answer i " 0," have foreperson sign and date this form and notifY the bailiff that you have ac a verdict.
2. Do you find by the pre eranc f the evidence that defendant Plastic Packaging Concepts c. and defend Garden City Plastics Equipment and Supply Compan c. are a "single empl r" as set forth in the Instruction No. _ _-;r'''-
r _____ Yes _____ No.
State the amount ofdamages which will fairly compensate plain' f Johnston for any emotional pain and suffering, inconvenience, menta guish,

embarra

humiliation and loss of enjoyme . e which you find she

sustained as a res

defendant PIa' ackaging Concepts' unlawful

conduct.

$~~-------------

Question: 4. Do you find that defendant Plastic Pa\<.kGJing Concepts is liable for punitive

damages under Instruction No. ""

?

_____~c......_ _ Yes _ _ _ _ _ No.

Question:

5.

L If your answer is "Yes" to question 4, state the amoun0fPunitive damages

which you award plaintiff under Instruction No.

?

~r1!J,W6

Date

I

/