Case 1:04-cv-03128-BEL Document 1 Filed 09/30/04 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND NORTHERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Baltimore District Office

)

10 S. Howard Street, 3rd Floor)

Baltimore, Maryland 21201 )

)

Plaintiff,

)

)

v.

)

)

)

COCA-COLA ENTERPRISES, INC. )

2500 Windy Ridge Parkway

)

Atlanta, Georgia 30339

)

)

d/b/a Mid-Atlantic Coca-Cola )

Bottling Company

)

9770 Patuxent Woods Drive

)

Columbia, MD 21046

)

)

Defendant.

)

)

)

Civil Action No.
C O M P L A I N T JURY TRIAL DEMAND

NATURE OF THE ACTION

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

1964 (“Title VII”) and Title I of the Civil Rights Act of 1991 to

correct unlawful employment practices on the basis of race and to

provide appropriate relief to Mark Mason, who was adversely

affected by such practices. The United States Equal Employment

Opportunity Commission alleges that Defendant Coca-Cola

Enterprises, Inc., has rejected Mark Mason for promotion to the

position of Field Service Manager in the Cooler Service

Department of the Baltimore/Washington Service and Equipment

Case 1:04-cv-03128-BEL Document 1 Filed 09/30/04 Page 2 of 6
Operations Center in Hanover, Maryland, because of his race, African-American.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Maryland, Northern Division.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the “EEOC” or the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C., Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a Delaware corporation doing business in the State of Maryland, in the cities of Hanover and Columbia, and has continuously had at least fifteen employees.
2

Case 1:04-cv-03128-BEL Document 1 Filed 09/30/04 Page 3 of 6
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Mark Mason filed a charge with the Commission alleging that Defendant violated Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January, 2001, Defendant Employer has engaged in unlawful employment practices in violation of Section 703(a) Title VII, 42 U.S.C. Section 2000e-2(a). These practices include refusing to promote Mark Mason to the position of Field Service Manager because of his race, African-American. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Mark Mason of equal employment opportunities and otherwise adversely affect his status as a candidate for promotion because of his race. 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 Mark Mason.
3

Case 1:04-cv-03128-BEL Document 1 Filed 09/30/04 Page 4 of 6
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of race, in violation of Section 703(a) of Title VII, 42 U.S.C. Section 2000e-2(a). B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for African-American candidates for promotion to managerial positions and which eradicate the effects of Defendant’s past and present unlawful employment practices. C. Order Defendant Employer to make whole Mark Mason by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, by promoting him to the grade 15 level, and by providing him any other affirmative relief necessary to eradicate the effects of Defendant’s unlawful employment practices. D. Order Defendant Employer to pay Mark Mason punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
4

Case 1:04-cv-03128-BEL Document 1 Filed 09/30/04 Page 5 of 6
E. Order Defendant Employer to make whole Mark Mason by providing compensation for pecuniary losses.
F. Order Defendant Employer to make whole Mark Mason by providing compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish, embarrassment, and isolation, in amounts to be proven at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised in the Complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ GERALD S. KIEL Regional Attorney (signed by Maria Morocco with permission of Gerald Kiel)
5

Case 1:04-cv-03128-BEL Document 1 Filed 09/30/04 Page 6 of 6
/s/ DEBRA M. LAWRENCE Supervisory Trial Attorney (signed by Maria Morocco with permission of Debra Lawrence)
___________/s/_______________ MARIA LUISA MOROCCO Trial Attorney Federal Bar No. 24357
___________/s/________________ MARIA SALACUSE Trial Attorney Federal Bar. No. 15562 (signed by Maria Morocco with permission of Maria Salacuse)
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 10 S. Howard Street 3rd Floor Baltimore, Maryland 21201 Phone: (410) 962-4260 Fax: (410) 962-4270
6

 
 Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 1 of 5 Case 1:04-cv-03128-BEL Document 23 Filed 1211112007 Page 1015

FILED ;;.5. DISTRICT COURT OISTP:- - -"1' YI F:1l
IN THE'UNITED,TiHES DISTRICT COURT
1001DEC I~ SlRI~T,qF MARYLAND
Nb'R'htERN DIVISION

CLERK'S OFFICE

U.S. EQUAL EMPLOYMIlNa'ALTIHORE

§

OPPORTUNITY COBMyM_I_SS_IO_N.__ CL 'vry §§

Plaintiff,
v.
COCA-COLA ENTERPRISES INC. d/b/a MID-ATLANTIC COCA-COLA BOTTLING COMPANY,
Defendant.

§ § Civ. Action No. 1:04CY3128 (BEL) § § § § § § §

CONSENT DECREE NUNC PRO rUNC

This action was instituted by Plaintiff, the U.S. Eq ual Employment Opportunity

Commission (the "EEOC" or the "Commission"), against Defendant Coca~Cola Enterprises Inc.

("Defendant" or "CCE") alleging violations of Section 703(a) of Tit le VII of the Civil Rights

Act of 1964 ("Title Vll"), as amended, 42 USc. § 2000e-2(a). The complaint alleges that

Defendant violated Tit le VU by fa iling to promote Charging Party Mark Mason to a grade 15

managerial position because of his race.

The Commission and Defendant des ire to resolve this action withou t the time and

expense of continued litigation, and they desire 10 fo rmul atc a plan to be embodied in a Decree

which will promote and effectuate the purposes of Titl e VII.

This Decree shall not constitute an adj udication on the meri ts of the Commission's case

and shall nOI be construed as an admission by Defendant of any discriminatory practice or as a

waiver by the Commission of any contentions of discrimination.

The Court has examined this Decree and finds that it is reasonable and just and in

Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 2 of 5 Case 1:04-cv-03128-BEL Document 23 Filed 12111/2007 Page2of5
accordance with the Federal Rules of Civil Procedure and Title VII. Therefore. upon due cons ideration of the record herein and being fully advised in the premises. it is hereby
ORDERED, ADJUDGED AN D DEC REED: I. This Decree resolves all issues and claims alleged in the Complaint riled by the Commission in this Title VII action which emanated from the Charge of Discrimination filed by Mark Mason. 2. Thi,> Decree shall be in effect for a I>criod of three years from the dale it is entered by the Coun.
3. Defendant. its officers, agents. servants. employees. successors. assigns. and all persons acting or claiming to act on its behalf. is hereby enjoined frolll violating Title VLI with
regard 10 the promotion of its employees. Discrim ination with regard to promotions violates Title VIlt which, in part. is set forth below:
It shall be an unlawful employment practice for an employer -(I) ... to discriminate against any individual with respect to [his o r herJ ... lenns, conditions, or privileges of employmcnt. bcC:IUSC of such individual's race, color, religion. sex. or national origin ... 42 U.S.c. § 2000e-2(a)(I). 4. Mark Mason will remain in his current position with CCE with no change in his duties and responsibilities; however. effective June I. 2005 the position occupied by Mr. Mason will be elevated to a grade 15 position and Mr. Mason will be promoted from a grade 13 to a grade 15 designation. For seniority considerations only. if and when Mr. Mason applies for other positions within CCE. Mr. Mason's grade 15 employment status will be deemcd to be retroactive to January 2001.

Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 3 of 5 Case 1:04-cv-03128-BEL Document 23 Filed 12/11/2007 Page 3 of 5
5. Erfective June 1,2005, commensurate with Mr. Mason's grade 15 promotion, Mr. Mason's salary will be increased prospectively to an effective rale of $52.800 per annum; his title will become Bottle/Can Install Manager: and Mr. Mason wi ll be superv ised exclusively by eeE employees wit h a higher grade than his.
6. For purposes of CeE's Management Incentive Plan ("M IP") on ly, Mark Mason's grade 15 promotion will be deemed retroactive to January I, 2005, and he will be e ligible to participate in the MIP bonus plan upon the same terms and conditions as other similarly situated
grade 15 employees.
7. Within thirty (30) days after entry of this Decree, Defendant wi ll pay to Mark Mason the gross amount of F0I1y·Thrce Thousand and NollOO ($43,000.00) Dollars less an appropriate withhold ing fo r income, payroll and employment taxes, which amount represents back pay (wages and bonus) and interest thereon.
8. Within thirty (30) days after entry of this Decree, Defendant will pay to Mark Mason the gross amount of Seventeen T housand Five Hundred and Nol l00 ($17,500.00) Dollars. which amount represents compensatory damages and atto rney fees for the serv ices provided to Mr. Mason by his private counsel.
9. Within six ty (60) days after the entry of this Decree, Defendant will provide at least two (2) hours of training for all managers above the grade 15 level in the Baltimore/Washington Cooler Service Department. The training will focus on complying with federa l anti-d iscrimination laws, including but not limited to Title VB, and on Defendam's own anti-discrimination policies and proced ures. Withi n seven (7) bus iness days after the training has been completed, Defendant will provide certificati on to Comm iss ion counsel of record that slich

Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 4 of 5 Case 1:04-cv-03128-BEL Document 23 Filed 12/11/2007 Page 4 of 5
training has been provided, including the dalcls] and localion[sJ orlhe training, and the identities of the trainers and trainees.
10. Within tcn (10) business days after entry of the Consent Decree, Defendant will post immediately in all places where notices to employees customarily are posted aI Defendant's Hanover, Maryland, facility the Notice attached hereto as Exhibit A and made a part hereof. Said Notice shall be posted and maintained for the life of the Consent Decree and shall be signed by a responsible management official with the date of actual posting shown thereon. Should the Notice become defaced, marred, or otherwise made unreadable, Defendant will ensure that new, readable copies of the Notice are posted in the sume manner as heretofore specified. Within thil1y (30) days after entry of this Decree. Defendant shall forward to the EEOC's attorney of record a copy of the signed Notice anac hed hereto and written confirmation that the Notice referenced herein has been posted and a statement of the loc.lIions and date(s) of posting.
Subject to these provisions and Ihis Court 's jurisdiction to enforce the provisions of this Consent Decree, it is further
ORDERED that this case shall be and hereby is dismissed with prejudice, with the Commission and Defendant each bearing lheir own COSIS and attorneys' fees. II is further
ORDERED that this Consent Decree is entered IIlIIIC pro IIIIIC as of May 23, 2005, the date it was originally electronically filed.
Dat~ /fj~~ By: Benson EvcrcII Leg Chief Judge

Case 1:04-cv-03128-BEL Document 24 Filed 12/17/07 Page 5 of 5 Case 1:04-cv-03128-BEL Document 23 Filed 12111/2007 Page 5 of 5

The undersigned counsel of record in the above-captioned action hereby consent. on

behalf of their respective clien ts, to the en try of the foregoing Consent Decree.

FOR DEFENDANT,

FOR PLAINTIFF,

'" Christopher H. Steger
MILLER & MARTIN, PLLC
Suite 1000 Volunteer Building 832 Georgia Avenue Chattanooga, TN 37402 Telephone: (423) 756-6600
Fox, (423) 785-8480 (signed by Maria Morocco with pcnnission of Christopher Sieger)

'" Gerald S. Kiel
Regional Auomey (signed by Maria Morocco with permission of Gerald Kicl)
'" Debra M. Lawrence
Supervisory Trial Anomey (signed by Maria Morocco with
permission of Debra Lawrence)
'" Maria Luis:1 Morocco
Trial Attorney Federal Bar No. 24357
Supervisory Trial Attorney
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Baltimore District Office 10 S. Howard Street, 3d Floor Baltimore, M,lryland 21201 Phone: (410) 962-4260 Fax: (410) 962-4270

 
 Case 1:04-cv-03128-BEL Document 18 Filed 04/28/05 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND NORTHERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

Plaintiff,

)

)

v.

) Civil Action No.: 04-CV-03128-BEL

)

COCA-COLA ENTERPRISES, INC

)

)

Defendant.

)

___________________________________ )

MOTION FOR LEAVETO INTERVENE COMES NOW, Mark Mason, by and through his attorneys Lawrence R. Holzman and the law firm of Joseph, Greenwald & Laake, P.A., and pursuant to the Civil Rights Act of 1964, § 706(e), as amended, 42 U.S.C.A. § 2000e-5(f)(1) and Rule 24(a) of the Federal Rules of Civil Procedure, files this motion to intervene in the above-captioned matter in order to file Complaint against the Defendant 1 and in support thereof, states as follows: 1. The above-captioned matter is an action under Title VII of the Civil Rights act of 1964 (“Title VII”) and Title I of the Civil Rights Act of 1991 (“Title I”) to correct unlawful employment practices on the basis of race and to provide appropriate relief to Mark Mason, who was adversely affected by such practices. 2. Title VII confers on a charging party such as Mr. Mason ( i.e. the party who filed an administrative complaint with Employment Opportunity Commission (EEOC)), an unconditional and absolute right to intervene in an EEOC

1 A copy of the proposed complaint is attached as Exhibit “A”.

Case 1:04-cv-03128-BEL Document 18 Filed 04/28/05 Page 2 of 4
action that is based on that complaint. Civil Rights Act of 1964, § 706(e), as amended, 42 U.S.C.A. § 2000e-5(f)(1); Fed.Rules Civ.Proc.Rule 24(a), 28 U.S.C.A.” E.E.O.C. v. GMRI, Inc., 221 F.R.D. 562, (D. Kan. 2004).
3. Federal Rule of Civil Procedure 24 governs motions to intervene. Subsection (a) of the Rule provides that “[u] pon timely application anyone shall be permitted to intervene in an action ... when a statute of the United States confers an unconditional right to intervene.” The Court is required to permit intervention if two elements are met: (1) the application is timely; and (2) a federal statute confers an unconditional right to intervene.
4. Rule 24 is silent as to what constitutes timely application and “the question must therefore be answered in each case by the exercise of sound discretion by the trial court.” Simms v. Andrews, 118 F.2d 803, 806 (C.A. 1941); Walden v. Elrod, 72 F.R.D. 5 (D. Okl. 1976).
5. Mr. Mason’s application to intervene is timely as the Complaint in this matter was filed on September 30, 2004. In addition, on March 22, 2005, this Court granted a Joint Motion to Stay Discovery. 2
6. In addition, Mr. Mason has an unconditional right to intervene under section 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1). Section 706(f)(1) provides that “[t]he person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission...”
2 On information and belief the stay was entered prior to the promulgation of discovery, conduct of depositions or motions practice, and was motivated by an agreement to conduct early mediation prior to litigation. Mr. Mason would also agree to participate in such early mediation. Mediation is in fact already scheduled
2

Case 1:04-cv-03128-BEL Document 18 Filed 04/28/05 Page 3 of 4
7. Courts construe this “statutory language to confer on the party who filed the EEOC charge upon which the EEOC action is based an unconditional and absolute right to intervene in the action. The Court’s interpretation is consistent with other cases discussing intervention by a charging party in Title VII suits filed by the EEOC.” MRI, Inc., 221 F.R.D at 563; see, e.g., EEOC v. Mo. Pac. R.R. Co., 493 F.2d 71, 74 (8th Cir.1974) (charging party has “absolute right” to intervene in EEOC suit); Rappaport, 273 F.Supp.2d at 263 (charging party has “unconditional right to intervene” in EEOC action based upon her charge); EEOC v. Rekrem, Inc., 199 F.R.D. 526, 529 (S.D.N.Y.2001) (charging parties have “unconditional right to intervene ... with regard to the Title VII claims”); EEOC v. Pac. Maritime Ass'n, 188 F.R.D. 379, 380 (D.Or.1999) (charging party has statutory right to intervene in EEOC Title VII action); EEOC v. Domino’s Pizza, Inc., 870 F.Supp. 655, 656 n. 1 (D.Md.1994) (section 706(f) confers unconditional right to intervene on charging party).
8. Here, it is undisputed that Mr. Mason is the aggrieved person, as he is the person who filed the charge upon which the EEOC’s lawsuit is based. He therefore has the unconditional right to intervene in this case. As he has met the requirements for intervention under Title VII, the mandatory language of Section 706(f)(1) and Federal Rule of Civil Procedure 24(a) dictates that this Court grant Mr. Mason leave to intervene.
WHEREFORE, in consideration of the foregoing analysis, Mr. Mason
to take place with the assistance of Judge Grimm and Mr. Mason and counsel would hope to participate in such mediation.
3

Case 1:04-cv-03128-BEL Document 18 Filed 04/28/05 Page 4 of 4
respectfully requests that this Honorable Court grant his Motion for Leave to Intervene in this action.
Respectfully submitted, JOSEPH, GREENWALD & LAAKE, P.A. _________\s\ ECF_______________ Lawrence R. Holzman, Fed. Bar. #10751 6404 Ivy Lane, Suite 400 Greenbelt, Maryland 20770 (301) 220-2200 (301) 220–1214 (fax)
CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing pleading was filed and served by ECF and that to the best of my knowledge, information and belief there are no counsel of record or pro se parties requiring service by regular mail.
____________________________ Lawrence R. Holzman
4

Case 1:04-cv-03128-BEL Document 18-1 Filed 04/28/05 Page 1 of 5

EXHIBIT “A”

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND NORTHERN DIVISION

U.S. EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION

)

)

Plaintiff,

)

)

v.

) Civil Action No.: 04-CV-03128-BEL

)

COCA-COLA ENTERPRISES, INC

)

)

Defendant.

)

___________________________________ )

MARK MASON

)

)

Intervenor/Plaintiff,

)

)

v.

)

)

COCA-COLA ENTERPRISES, INC

)

)

Intevenor/Defendant.

)

___________________________________ )

COMPLAINT COMES NOW, the Plaintiff, Mark Mason, by and through his attorneys, Lawrence R. Holzman and the law firm of Joseph, Greenwald & Laake, P.A., and sues the Defendant, Coca Cola Enterprises, Inc., and for cause states the following:
NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 (“Title VII”), Title 1 of the Civil Rights Act of 1991, and 42 U.S.C. Section 1981 as a private action to seek redress and remedies for unlawful employment practices on the basis of race as to the Plaintiff, Mark

Case 1:04-cv-03128-BEL Document 18-1 Filed 04/28/05 Page 2 of 5
Mason, who was adversely affected by the practices. The Defendant employed the Plaintiff and placed him in a management training program in the Washington, D.C. area. Thereafter, the Defendant promoted Mr. Mason’s white counter-parts who participated in the program with Mr. Mason, but CCE did not promote him in the same fashion. Additionally, the defendant discriminated on the basis of race in the wages and other compensation and benefits that were paid to Mr. Mason. The Defendant otherwise discriminated on the basis of race against Mr. Mason in the term and conditions of his employment.
As a direct and proximate result, Mr. Mason suffered economic losses of various types as well as humiliation, embarrassment, isolation and mental anguish. Additionally, Mr. Mason suffered physically and was hospitalized as a result of the Defendant’s actions.
JURISDICTION AND VENUE 1. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338. This action involves employment discrimination, which occurred within the boundaries of Prince George’s County, Maryland in violation of 42 U.S.C. §§ 2000(e) et. seq., Title VII of the Civil Rights Act of 1964, and 42 U.S.C. §1981. 2. Venue is proper in the District Of Maryland under 28 U.S.C. § 1391, because the employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Maryland.
PARTIES 3. Plaintiff, Mark Mason, (“Mr. Mason”) is an adult, African-American citizen of the State of Maryland who resides in Prince George’s County, Maryland. 4. Defendant, Coca Cola Enterprises, Inc. (“CCE”) is a Delaware corporation authorized to conduct business, and actually conducting business, in the State of Maryland
2

Case 1:04-cv-03128-BEL Document 18-1 Filed 04/28/05 Page 3 of 5
with offices located in Hanover and Columbia and other facilities located in Prince George’s County and throughout the state.
5. At all relevant times, CCE has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 1. More than thirty days prior to the institution of this lawsuit, Mark Mason filed a charge with the Equal Employment Opportunities Commission (the “EEOC”) alleging that the Defendant discriminated against him in violation of federal law. 2. All conditions precedent to the filing of this lawsuit have been met. 3. The EEOC investigated Mr. Mason’s charge and filed its own lawsuit in the abovecaptioned matter. 4. Mark Mason has filed this lawsuit by intervention. 5. Since at least January 2001, and before that date, CCE has engaged in unlawful employment practices in violation of law. 6. The effect of the practices complained of above has been to deprive Mr. Mason of equal employment opportunities and otherwise adversely affected him on the basis of race in terms of his status as a candidate for promotion, his wages, his compensation and other benefits, and the terms and conditions of his employment. 7. The unlawful employment practices complained of above were intentional. 8. The unlawful employment practices complained of were done with malice or with reckless indifference to the federally protected rights of Mr. Mason.
3

Case 1:04-cv-03128-BEL Document 18-1 Filed 04/28/05 Page 4 of 5

9. The effect of CCE’s actions has been to cause Mr. Mason to suffer economic loss, as

well as humiliation, embarrassment and emotional distress.

10.

The effect of CCE’s actions has been to cause Mr. Mason to suffer physical

harm and to be hospitalized.

11.

Plaintiff was a hard working, team oriented, dependable, skilled and committed

employee for Defendants.

12.

Despite his excellent employment record, Plaintiff was discriminated against in

terms of promotions, compensation and other benefits, and generally in the terms and conditions

of his employment because he is African American.

13.

Plaintiff was discriminated against in violation of 42 U.S.C. §§ 2000(e) et.

seq., Title VII of the Civil Rights Act of 1964, and 42 U.S.C. §1981.

WHEREFORE, the Plaintiff, Mark Mason, demands judgment against Defendant, for

a. Compensatory damages for emotional pain, suffering, mental anguish, embarrassment,

humiliation and isolation in amounts to be determined at trial; plus

b. Compensation for actual damages in amounts to be proven at trial; plus

c. Back plus back pay and interest to be determined at trial; plus

d. Punitive damages in amounts to be determined at trial for CCE’s malicious and reckless

conduct in discriminating against Mr. Mason; plus

e. Attorneys fees and costs; plus

f. An injunction or other appropriate order directing that Mr. Mason be immediately

promoted to the grade 15 level and directing that CCE provide other affirmative relief

necessary to eradicate the effects of Defendant’s unlawful employment practicesurther

and additional relief as the nature of the case may require and which this Honorable Court

4

Case 1:04-cv-03128-BEL Document 18-1 Filed 04/28/05 Page 5 of 5 shall deem just and proper including but not limited to an injunctive relief or other relief directing. Plus
g. Such other and further relief as the cause of justice may require. Respectfully submitted, JOSEPH, GREENWALD & LAAKE, P.A. By: ___________________________ Lawrence R. Holzman (Bar No. 10751) 6404 Ivy Lane, Suite 400 Greenbelt, MD 20770 301/220-2200 Counsel for Plaintiff
5

 
 Case: 1:04-cv-3128 As of: 04/08/2010 10:34 AM EDT 1 of 4
CASREF, CLOSED
U.S. District Court District of Maryland (Baltimore) CIVIL DOCKET FOR CASE #: 1:04−cv−03128−BEL

U.S. EEOC v. Coca−Cola Enterprises, Inc. Assigned to: Judge Benson Everett Legg Cause: 28:451 Employment Discrimination
Plaintiff U.S. Equal Employment Opportunity Commission

Date Filed: 09/30/2004 Date Terminated: 05/16/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Debra Michele Lawrence U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092734 Fax: 14109622817 Email: debra.lawrence@eeoc.gov ATTORNEY TO BE NOTICED
Gerald S Kiel US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624207 Fax: 14109624270 Email: gerald.kiel@eeoc.gov ATTORNEY TO BE NOTICED
Gwendolyn Young Reams U S Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14109624260 Fax: 14109622817
Maria Luisa Morocco US Equal Employment Opportunity Commission City Crescent Bldg 10 S Howard St Third Fl Baltimore, MD 21201 14102092730 Fax: 14109624270 Email: maria.morocco@eeoc.gov ATTORNEY TO BE NOTICED
Maria Salacuse U S Equal Employment Opportunity Commission Baltimore Field Office 10 S Howard St Third Fl Baltimore, MD 21201 14102092733 Fax: 14109624270 Email: maria.salacuse@eeoc.gov

Case: 1:04-cv-3128 As of: 04/08/2010 10:34 AM EDT 2 of 4 ATTORNEY TO BE NOTICED

V. Defendant Coca−Cola Enterprises, Inc. doing business as Mid−Atlantic Coca−Cola
Intervenor Mark Mason Intervenor Plaintiff

represented by James E McCollum , Jr McCollum and Associates LLC 7309 Baltimore Ave Ste 117 PO Box 1717 College Park, MD 20741 13018646070 Fax: 13018644351 Email: jmccollum@jmlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carla Mae Mathers James E McCollum Jr and Associates 7309 Baltimore Ave Ste 117 College Park, MD 20740 13018646070 Fax: 13018644351 Email: cmathers@jmlaw.net ATTORNEY TO BE NOTICED
Christopher Harper Steger Miller and Martin PLLC Volunteer Bldg 832 Georgia Ave Ste 1000 Chattanooga, TN 37402−2289 14237566600 Fax: 14237858480 Email: csteger@millermartin.com ATTORNEY TO BE NOTICED
represented by Lawrence Roger Holzman Joseph Greenwald and Laake PA 6404 Ivy Ln Ste 400 Greenbelt, MD 20770 13012202200 Fax: 13012201214 Email: lholzman@jgllaw.com LEAD ATTORNEY

Date Filed 09/30/2004
09/30/2004 10/01/2004 01/25/2005
02/02/2005

# Docket Text
1 COMPLAINT against Coca−Cola Enterprises, Inc. , filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk) (Entered: 10/01/2004)
JURY TRIAL DEMAND by U.S. Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 10/01/2004)
2 Summons Issued (20 days) as to U.S. Equal Employment Opportunity Commission. (ljs, Deputy Clerk) (Entered: 10/01/2004)
3 SUMMONS Returned Executed by U.S. Equal Employment Opportunity Commission. Coca−Cola Enterprises, Inc. served on 1/13/2005, answer due 2/2/2005. (Morocco, Maria) (Entered: 01/25/2005)
4 ANSWER to Complaint with Jury Demand by Coca−Cola Enterprises, Inc..(McCollum, James) (Entered: 02/02/2005)

Case: 1:04-cv-3128 As of: 04/08/2010 10:34 AM EDT 3 of 4

02/02/2005

5 SCHEDULING ORDER: Status Report due by 6/17/05. Signed by Judge Benson E Legg on 2/2/05. (mcb, Deputy Clerk) (Entered: 02/02/2005)

02/16/2005

6 Report re: Deposition hours (McCollum, James) (Entered: 02/16/2005)

02/16/2005

7 ORDER AUTHORIZING 15 deposition hours per side as therein set forth. Signed by Judge Benson E Legg on 2/16/05. (mcb, Deputy Clerk) (Entered: 02/16/2005)

02/16/2005

8 ORDER REFERRING CASE to Magistrate Judge Paul W. Grimm for Settlement or other ADR Conference. Signed by Judge Benson E Legg on 2/16/05. (mcb, Deputy Clerk) (Entered: 02/17/2005)

02/24/2005

9 MOTION to Appear Pro Hac Vice by Coca−Cola Enterprises, Inc.. (McCollum, James) (Filed in error − will submit paper copy − attorney notified). Modified on 2/24/2005 (mcb, Deputy Clerk). (Entered: 02/24/2005)

03/01/2005

10 ORDER SETTING date for a Settlement Conference. Signed by Judge Paul W. Grimm on 3/1/05. (mcb, Deputy Clerk) (Entered: 03/01/2005)

03/04/2005

11 Joint MOTION to Stay Discovery by Coca−Cola Enterprises, Inc.. Responses due by 3/21/2005 (Attachments: # 1 Text of Proposed Order)(McCollum, James) (Entered: 03/04/2005)

03/10/2005

12 MOTION for Christopher H. Steger to Appear Pro Hac Vice by Coca−Cola Enterprises, Inc.. (jnl, Deputy Clerk) (Entered: 03/10/2005)

03/10/2005

13 ORDER granting 12 Motion of defendant for Christopher H. Steger to Appear Pro Hac Vice (fee pd). Signed by Deputy Clerk on 3/10/05. (jnl, Deputy Clerk) (Entered: 03/10/2005)

03/14/2005

14 NOTICE of Appearance by James E McCollum, Jr on behalf of Coca−Cola Enterprises, Inc. (McCollum, James) (Entered: 03/14/2005)

03/18/2005

15 NOTICE by Coca−Cola Enterprises, Inc. Certificate Regarding Discovery (McCollum, James) (FILED IN ERROR − DISCOVERY) Modified on 3/22/2005 (mcb, Deputy Clerk). (Entered: 03/18/2005)

03/22/2005

16 ORDER granting 11 Joint Motion to Stay Discovery as therein set forth. Signed by Judge Benson E Legg on 3/22/05. (mcb, Deputy Clerk) (Entered: 03/23/2005)

04/28/2005

17 Joint MOTION for Protective Order by U.S. Equal Employment Opportunity Commission. Responses due by 5/16/2005 (Attachments: # 1)(Morocco, Maria) (Entered: 04/28/2005)

04/28/2005

18 MOTION to Intervene by Mark Mason. Responses due by 5/16/2005 (Attachments: # 1 Exhibit Proposed Complaint# 2 Text of Proposed Order)(Holzman, Lawrence) (Entered: 04/28/2005)

05/10/2005

19 STIPULATED PROTECTIVE ORDER. Signed by Judge Benson Everett Legg on 4/28/05. (mcb, Deputy Clerk) (Entered: 05/10/2005)

05/13/2005

Settlement Conference held on 5/13/2005 held before Judge Paul W. Grimm. (jnl, Deputy Clerk) (Entered: 05/16/2005)

05/13/2005

Judge Paul W. Grimm no longer assigned to case. (jnl, Deputy Clerk) (Entered: 05/16/2005)

05/16/2005

20 SETTLEMENT ORDER DISMISSING case with each party to bear its own costs otherwise agreed without prejudice to the right of a party to move for good cause to reopen this action if settlement is not consummated. Signed by Judge Benson Everett Legg on 5/16/05. (jnl, Deputy Clerk) (Entered: 05/16/2005)

05/23/2005

21 NOTICE of Settlement Consent Decree by Coca−Cola Enterprises, Inc. (McCollum, James) (Entered: 05/23/2005)

12/11/2007

22 Correspondence re: Correspondence to Chief Judge Benson Everett Legg (Steger, Christopher) (Entered: 12/11/2007)

12/11/2007

23 NOTICE of Settlement Consent Decree Nunc Pro Tunc by Coca−Cola Enterprises, Inc. (Attachments: # 1 Exhibit A)(Steger, Christopher) (Entered: 12/11/2007)

Case: 1:04-cv-3128 As of: 04/08/2010 10:34 AM EDT 4 of 4

12/17/2007

24 CONSENT DECREE and approval entered Nunc Pro Tunc as of May 23, 2005. Signed by Judge Benson Everett Legg on 12/14/07. (mcb, Deputy Clerk) (Entered: 12/17/2007)