F' LED

APR 0 5 2006 Ntl

l1li1

IN THE UNITED STAn~S DISTRICT COURT

~I ", C~~El W. DDBBI~R THR NORTHERN DISTRICT 01:<" ILLINOIS

.. . D!STRICT COURJ"

EASTERN lJIVISION

RQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

DISON ENTERPRISES, INC., d/b/a Midas )

Muffler Shop,

)

)

Defendant.

)

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

06CV1859 JUDGE FILIP MAGISTRATE ASHMAN
Jury Trial Demanded

NATURE OF Tim ACTION

'['his is an action under Title VII of the Civil Rights Act of 1964, as amended, 42
or U.S.C. ~2000e ot seq., and Tille I orthe Civil Rights Act 1991 to correct unlawrul

employment practices on the basis of sex and to provide appropriate relief to Richard

Rubelcava, Loar Davis and George Wolf and a class of similarly situated employees who

were adversely affected by such practices. Plaintiff Equal Employment Opportunity

Commission alleges that Ricllllrd Rubekava, Loar Davis and George Wolf, males, and a

class of similarly situated employecs were sexually harassed by a supervisor.

JURTSDTCTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 2R U.S.C. §~ 451, 1331,

1337, 1343 and 1345. This action is authorized and instituted pursuant to Section

706(1)( I) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e-5(1)( I) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981 a

CTitle VII").

2. Thc cmploymcnt practiccs allcgcd to bc unlawful were and are now being committed within the jurisdiction of the United States District Court for Northcrn District of Illinois, Eastern Division.
PARTIES 3. Plaintiff: thc Equal Employmcnt Opportunity Commission (the "Commission"), is the agency of lilt: United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly lluthorized to bring this adion by Section 706(f)(1) and(3) of Title VII, 42 U.S.C. § 2000t:-5(f)(1) and (3). 4. At all relevant times, Defcndant Bison Enterprises, Inc., d/b/a Midas Muffler Shop, has continuously been a corporation doing business in the State of Illinois and the City of Des Plaines and has continuously had at least 15 employees. 5. At all relevant times, Dd'endant13ison Enterprises, Inc., d/b/a Midas Muftler Shop, has continuously been an employer engaged in an industry alTeeling commerce within the meaning ofScctions 701(b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Richard Rubelcava, Loar Davis and George Wolf tiled charges with the Commission alleging violations of Title VII by Deft:ndanl. All conditions precedent to the institution of this
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lawsuit have been fulfilled. 7. Since at least 1998, Defendant has engaged in unlawful employment
practices in continuing violation of Sections 703(a)( I) ufTitle VII, 42 U.S.C. §§2000e2(a)( I). These unlawful employment practices include, but arc not limited to, sexually harassing Richard Rubelcava, Loar Davis and George Wol I' and a class of similarly situakd employees.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Richard Ruhekava, Loar Davis and George Wolf of equal employment opportunities and otherwise adversely affect their status as employees, because oClheir sex.
9. The cffeet of the practices complained of in paragraph 7 ahove has been to deprive a class of similarly situated employees of equal employment opportunities and otherwise udversely atTeet their status as employces, because of their sex.
10. Thc unlawful employment practices complained of in paragraph 7 above were intentional.
II. The unlawful employmcnt practices complained of in paragraph 7 above were done with malice or with reckless indifferencc to the federally protected rights of Richard Rubdcava, Loar Davis and Georgc Wolf und a class of similarly situated employees.
3

PRA YER FOR RELIEF
Wherefore, the Commission respectfully rcquests that this Court: A. Grant a permanent injunction enjoining Defendant, its oftleers, successors, assigns, and all persons in active conceIt or participation with it, from engaging in sexual harassment under Titlc VII. 13. Order Defendant to institute and carry out policies, practices, and programs which provide e4ual employment opportunities for all employees regardless of their sex and which eradicate the eITet:\s of its past and present unlawful employment practices. C. Order Defendant to make whole Rkhllrd Rube1cava, Loar Davis and George Wolf llml a class of similarly situatcd employees by providing compensation for past and tliture nonpet:lll1iary losses resulting from the unlawful practit:es complained of in paragraph 7 ,lbove, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined llt trial. D. Order Defendant 10 pay Richard Rubc1cava, T,oar DllVis lInd George Wolf and a class of similarly situllted employees punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be dt:termined at trial. E. Grant sut:h fllrlher rdid' as the Court deems necessary and proper in the public interest. F. Award the Commission its costs in this action.
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.IlJRY TRIAL ORMAND
The Commission requests ajury trial on (111 qU<;lslions of fact raiscd by its complaint. Respectfully submitted. James Lee
Acting General Counsel
Gwendolyn Young Reams Associate General Counsel
OPPORTUNITY
~~ p~~:::---:~,,~ """-""------iane I. Smason Supervisory Trial Attorney
~~-~ PalMIa Moore:cbb;: p Tna! Altorney EQ1JAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago Dis(rict Office 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9120

 
 Case 1:06-cv-01859 Document 13 Filed 09/20/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BISON ICNTERPRISES, INC. d/b/a

)

Midas Muftlcr ShOll,

)

)

Defendant.

)

Civil Action No. 06 CV 1859
Judge Filip Magistrate Judge Ashman

JUDGMENT ORDER
This matter coming before the Court on the PluintiffEEOC's Motion for Entry or Default

Judgmcnt thc following shall constitute the Court's tinds oftaet and conclusions of law:

FINIHNGS OF FACT

I. Plaintitfis the U.S. Equal Employment Opportunity Commission ("EEOC" or

"P laintitl").

2. Defendant, Bison Enterprises, Inc. d/b/a Midas Muffler Shop ("Bison") was an

Illinois corporation. Bison has been dissolved.

J. \)ef<lult was entered ag,\inst Defendant On June 26, 2006 for failing to answer or

otherwise pl~ad as to Ih" Complaint of the Plaintift:

4. Plaintiff offered eviden"" to support the Default Judgment and that it had

personally served Detendant with its Complaint.

Case 1:06-cv-01859 Document 13 Filed 09/20/2006 Page 2 of 3
CONCLUSIONS OF LAW I, This Court has jurisdiction over the subject matter and the parties to this action
pursuant to 28 U.S,c. ~ § 451. 1331. 1337. 1343 and 1345. Venue is proper, 2, The tacts alleged in a Complaint are taken as true in a Motion for Default
,Iudgment. Black v. Lane, 22 F.3d 1395, 1399 (7lh Cir. 1994).
3, Defendant has violated § 703(a)(1) ofTitle vn, 42 U.S.C. §§ 2000e·2(a)(I), in
that it has subjected Richard Rubclcava, Loar Davis and George Wolf to unlawful employment practices on the basis of s~x. 4, Richard Rubelcava, Loar Davis and George Wolf have been adversely affected by Defendant's unlawful employment practices and are entitled to appropriate relief as lollows: Richard Rubclcava will receive a total of $60,560 ($50,000 of whidl represents compensation for past and future non-pecuniary losses resulting trom the unlawtul practices detailed in his Affidavit and complained of in EEOC's Complaint, including, but not limited to, emotional pain and suffering, anu $10,560 in back pay); Loar Davis will receive $50,000, which represents compensation for past and future non-pecuniary losses resulting from the unlawful practices detailed in his Amdavit and complained of in EEOC's Complaint, including, but not limited to, emotional pain and suffering; and George Wolf will receive a total of$53,760 ($50,000 of which represents compensation for past and future non-pccuniary losses resulting from the unlawful practices detailed in his Affid,wit <md complained of in EEOC's Complaint, including, but not limited to, emotional pain and sutlcring, and $3,760 in back pay), IT IS HEREBY ORDERED that judgment by default is entered in this action in favor of PlaintitfEEOC and against Defendant Bison Enterprises, Inc. dlbla Midas Muffler Shop in the

Case 1:06-cy,,01859 Document 13 Filed 0912012006 Page 3 of 3
de..
slIfn of $164,320 with interest in the rate of 5.02% per annum from the _"_1 _ day of
U(~ ,2006.
This Court shall maintain jurisdiction over the enforcement oflhis Judgment.
. ~1 ,2006

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?539656781610971-L_35...
ASHMAN, CLOSED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:06-cv-01859

Equal Employment Opportunity Commission v. Bison Enterprises Inc. Assigned to: Honorable Mark Filip Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 04/05/2006 Date Terminated: 10/04/2006 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

Plaintiff
Equal Employment Opportunity Commission

represented by Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

June Wallace Calhoun United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: june.calhoun@eeoc.gov ATTORNEY TO BE NOTICED

Pamela Sue Moore-Gibbs United States Equal Employment Opportunity Commission 500 West Madison Street

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V.
Defendant
Bison Enterprises Inc. doing business as Midas Muffler Shop

Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: pamela.moore-gibbs@eeoc.gov ATTORNEY TO BE NOTICED

Date Filed 04/05/2006 04/05/2006 04/05/2006 04/05/2006 04/05/2006 04/17/2006
05/11/2006 05/23/2006 05/25/2006

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission. (gcy, ) (Entered: 04/06/2006)
2 CIVIL Cover Sheet. (gcy, ) (Entered: 04/06/2006)
3 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Diane Ilene Smason. (gcy, ) (Entered: 04/06/2006)
4 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by John C. Hendrickson. (gcy, ) (Entered: 04/06/2006)
5 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Pamela Sue Moore-Gibbs. (gcy, ) (Entered: 04/06/2006)
6 MINUTE entry before Judge Mark Filip : Status hearing set for 5/25/2006 at 09:30 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report within two days prior to status. (See Judges web page for status report) Mailed notice (tbk, ) (Entered: 04/17/2006)
7 WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Bison Enterprises Inc. waiver sent on 4/5/2006, answer due 6/5/2006. (Moore-Gibbs, Pamela) (Entered: 05/11/2006)
8 NOTICE by Equal Employment Opportunity Commission (Attachments: # 1 Notice of Filing Initial Status Report# 2 Exhibit Defendant's Letter of 5-18-06# 3 Certificate of Service)(Moore-Gibbs, Pamela) (Entered: 05/23/2006)
9 MINUTE entry before Judge Mark Filip : Status hearing held on 5/25/2006. Status hearing continued to 6/26/2006 at 9:30 AM. Mailed notice. (tlp, ) (Entered: 05/25/2006)

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06/26/2006 07/10/2006 08/30/2006 09/20/2006
09/20/2006 09/21/2006 10/04/2006
10/04/2006 10/04/2006
10/04/2006

10 MINUTE entry before Judge Mark Filip : Status hearing held on 6/26/2006. Default entered against defendant for failure to appear, answer or othewise plead to the complaint. Mailed notice (tbk, ) (Entered: 06/26/2006)
11 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by June Wallace Calhoun (Calhoun, June) (Entered: 07/10/2006)
12 MINUTE entry before Judge Mark Filip : Status hearing set for 9/21/2006 at 09:30 AM. Mailed notice (tbk, ) (Entered: 08/30/2006)
13 MOTION by Plaintiff Equal Employment Opportunity Commission for default judgment as to Defendant Bison Enterprises (Attachments: # 1 Text of Proposed Order Judgment Order# 2 Exhibit Exhibits to Motion)(Smason, Diane) (Entered: 09/20/2006)
14 NOTICE of Motion by Diane Ilene Smason for presentment of motion for default judgment13 before Honorable Mark Filip on 10/4/2006 at 09:30 AM. (Smason, Diane) (Entered: 09/20/2006)
15 MINUTE entry before Judge Mark Filip : Status hearing held on 9/21/2006. No notice (tbk, ) (Entered: 09/21/2006)
16 AFFIDAVIT of Service filed by Plaintiff Equal Employment Opportunity Commission regarding Notice of Motiof for Entry of Default Judgment served on Jeffrey Feldman, Defendant's Owner on 09/24/2006 (Calhoun, June) (Entered: 10/04/2006)
17 AFFIDAVIT of George Wolf by Equal Employment Opportunity Commission regarding motion for default judgment13 (Calhoun, June) (Entered: 10/04/2006)
18 MINUTE entry before Judge Mark Filip : Motion by plaintiff Equal Employment Opportunity Commission for default judgment as to Defendant Bison Enterprises 13 is granted. Enter Judgment Order: Judgment by default is entered in this action in favor or Plaintiff against Defendant in the sum of $164,320.00 with interest in the rate of 5.2% per annum from the 4th of October, 2006. This Court shall maintain jurisdiction over the enforcement of this Judgment. Mailed notice (rp, ) (Entered: 10/05/2006)
19 JUDGMENT ORDER Signed by Judge Mark Filip on 10/4/2006.(rp, ) (Entered: 10/06/2006)

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