Case 1:06-cv-00074-LMB Document 1-1 Filed 02/21/2006 Page 1 of 6
WILLIAM TAMAYO, REGIONAL ATTORNEY U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SAN FRANCISCO DISTRICT 350 THE EMBARCADERO, SUITE 500 SAN FRANCISCO, CALIFORNIA 94105-1260 Tel: (415) 625-5645 Fax: (415) 625-5657
KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY DAMIEN LEE, SENIOR TRIAL ATTORNEY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400 SEATTLE, WA 98104 Damien.Lee@EEOC.gov Tel: (206) 220-6915 Fax: (206) 220-6911
ATTORNEYS FOR PLAINTIFF

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, vs.
KRAFT FOODS GLOBAL, INC. d/b/a NABISCO, INC.,
Defendant.
COMPLAINT – Page 1 of 6

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CASE NO.

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COMPLAINT

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 1:06-cv-00074-LMB Document 1-1 Filed 02/21/2006 Page 2 of 6

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of

disability and to provide appropriate relief to Cathy Rutledge, who was adversely affected by

such practices. The Equal Employment Opportunity Commission alleges that Kraft Foods

Global, Inc., d/b/a/ Nabisco, Inc. (“defendant” or “Kraft”), discriminated against Ms. Rutledge, a

qualified individual with a disability, when it failed to accommodate her because of her disability

and then constructively discharged her.

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 107(a) of the

Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by

reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §

2000e-5(f)(1) and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991,

42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the District of Idaho in Boise.

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 I of the ADA and is expressly authorized to bring this action by Section

COMPLAINT – Page 2 of 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 1:06-cv-00074-LMB Document 1-1 Filed 02/21/2006 Page 3 of 6
107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. 2000e-5(f)(1).
4. At all relevant times, defendant Kraft has continuously been doing business in the State of Idaho and has continuously had at least 15 employees.
5. At all relevant times, defendant has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
6. At all relevant times, defendant has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Cathy Rutledge filed a charge with the Commission alleging violations of Title I of the ADA by defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least July 2, 2003, defendant has engaged in unlawful employment practices at its Boise and Nampa, Idaho area facilities, in violation of Sections 102(a) of Title I of the ADA, 42 U.S.C. § 12112(a). The defendant discriminated against Ms. Rutledge, a qualified individual with a disability, when it failed to accommodate her physical limitations because of her disability and then constructively discharged her in violation of Sections 102(a) of the ADA.

COMPLAINT – Page 3 of 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 1:06-cv-00074-LMB Document 1-1 Filed 02/21/2006 Page 4 of 6
9. The effect of the practices complained of in paragraph 8 above has been to deprive Ms. Rutledge of equal employment opportunities and otherwise adversely affect her status as an employee, because of her disability.
10. The unlawful employment practices complained of in paragraph 8 above were and are intentional.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant, its officers, agents, successors, assigns, and all persons in active concert or participation with it, from unlawfully failing to provide equal employment opportunities to employees with disabilities and to accommodate employees’ disabilities, and any other employment practice which discriminates on the basis of disability. B. Order defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order defendant to make whole Cathy Rutledge by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order defendant to make whole Cathy Rutledge by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in

COMPLAINT – Page 4 of 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 1:06-cv-00074-LMB Document 1-1 Filed 02/21/2006 Page 5 of 6

paragraph 8 above, including past and future out-of-pocket losses, in amounts to be determined at trial.
E. Order defendant to make whole Cathy Rutledge by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order defendant to pay Cathy Rutledge punitive damages for its malicious and reckless conduct, as 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 its complaint.

DATED this 21st day of

February , 2006.

WILLIAM TAMAYO Regional Attorney San Francisco District 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260
KATHRYN OLSON Supervisory Trial Attorney
COMPLAINT – Page 5 of 6

JAMES L. LEE Deputy General Counsel
GWENDOLYN Y. REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

Case 1:06-cv-00074-LMB Document 1-1 Filed 02/21/2006 Page 6 of 6

DAMIEN A. LEE Senior Trial Attorney

BY: /s/ William Tamayo EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Damien.Lee@EEOC.gov Telephone (206) 220-6915

Office of the General Counsel 1801 “L” Street NW Washington, D.C. 20507

Attorneys for Plaintiff

COMPLAINT – Page 6 of 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 FIRST AVENUE, SUITE 400
SEATTLE, WASHINGTON 98104-1061 Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

 
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
) Plaintiff,

) v.

KRAFT FOODS GLOBAL, INC. d/b/a

NABISCO, INC.,

)

Defendant.

)

)

CIVIL NO. CV 06-0074-S-EJL

)

)

[PROPOSED] CONSENT DECREE

AND ORDER OF DISMISSAL

)

)

)

) ) )

I. INTRODUCTION

1. This action originated with a discrimination charge filed by Cathy Rutledge (“Ms. Rutledge”) with the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Idaho Human Rights Commission (“IHRC”) on March 31, 2004. Ms. Rutledge alleged that Kraft Foods Global, Inc. d/b/a Nabisco, Inc. (“Kraft”) discriminated against her, a qualified individual with a disability, when it failed to accommodate her because of her disability and then constructively discharged her in violation of the Americans with Disabilities Act of 1990, and Title I f the Civil Rights Act of 1991 (“ADA”).

KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 1

2. The EEOC investigated this charge and issued a Letter of Determination on August 10, 2004 finding reasonable cause that Kraft had discriminated against Ms. Rutledge in violation of the ADA with respect to her discrimination charge.
3. The EEOC filed this lawsuit on February 21, 2006 in the United States District Court for the District of Idaho on behalf of Ms. Rutledge, alleging that from at least July 2, 2003, Kraft had discriminated against Ms. Rutledge when it failed to accommodate her disability, and then constructively discharged her.
4. The parties want to conclude fully and finally all claims arising out of the EEOC’s complaint, and the charge of discrimination filed with EEOC by Ms. Rutledge. They enter into this Consent Decree to further the objectives of equal employment as set forth in the ADA.
II. NONADMISSION OF LIABILITY AND NONDETERMINATION BY THE COURT
5. This Consent Decree is not an adjudication or finding on the merits of this case and shall not be construed as an admission by Kraft of a violation of the ADA.
III. JURISDICTION AND VENUE 6. 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 Sections 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(f)(1) and (3) (“Title VII”), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The employment practices
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 2

alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Idaho at Boise.
IV. SETTLEMENT SCOPE 7. This Consent Decree is the final and complete resolution of all ADA allegations of unlawful employment practices contained in the complaint filed on behalf of Ms. Rutledge, including all claims by the parties for attorney fees and costs. The scope of this Consent Decree will be limited to Kraft’s Direct Store Delivery (“DSD”) sales personnel in Idaho. The Consent Decree resolves all issues and claims arising out of this complaint, and is binding and final as to all such issues and claims.
V. MONETARY RELIEF 8. In settlement of this lawsuit, Kraft agrees to provide a gross amount of $ 2,626.40 to Ms. Rutledge as back pay and benefits, less applicable withholding and deductions, and $ 47,373.60 to compensate her for her emotional harm, payment of which is to be provided directly to her by certified mail to an address to be provided, within ten (10) business days after the parties have signed this Consent Decree, with copies to the EEOC.
VI. AFFIRMATIVE AND OTHER RELIEF A. General Provisions 9. Kraft, its officers, agents, managers, assistant managers and other supervisors of its DSD sales personnel in Idaho and all human resource professionals who support Kraft’s DSD sales personnel in Idaho will refrain from engaging in practices which constitute discrimination against any current or former employee because of his or her disability with respect to any
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 3

employment decision. In recognition of its obligations under the ADA, Kraft will institute the policies and practices set forth below.
B. Anti-Discrimination Polices and Procedures 10. Kraft shall carry out anti-discrimination policies, procedures, and training for all employees, managers, assistant managers and other supervisors of its DSD sales personnel in Idaho and all human resource professionals who support Kraft’s DSD personnel in Idaho. Kraft will provide training to such managers and supervisors to understand its Equal Employment Opportunity (“EEO”) policies and how those policies define discrimination based on a current or former employee’s disability, and the procedures to follow in the event a request for an accommodation is received. Kraft will require such managers and supervisors to comply with EEO policies through certain competencies set out in its MAP performance management program. Specifically, compliance by director level employees will be reviewed through the competency of “managing diversity” and by supervisors and managers below the director level through the competency of “ethics and values.” 11. Within one-hundred-and-fifty (150) days of the date of the effective date of this Consent Decree, Kraft will: (a) review its EEO policy and the method and/or administrative process in which requests for assistance or accommodation from any employee regarding a physical or mental impairment are evaluated, approved or disapproved, and revise it as necessary to ensure that it adequately addresses Kraft’s obligations under the ADA; and (b) distribute its EEO policy to all present and future DSD sales personnel in Idaho, both management and nonmanagement. C. Training
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 4

12. Within one-hundred-and-fifty (150) days of the execution of this Consent Decree, Kraft will develop and present to all managers, assistant managers, and supervisors of its DSD sales personnel in Idaho, all managers with oversight responsibilities for DSD sales personnel in Idaho, and all human resource professionals who support Kraft’s DSD sales personnel in Idaho, no less than one (1) hour of face-to-face training by a qualified trainer on the ADA. This training will include discussion about how requests for assistance and accommodation of disabilities are to be evaluated, approved or disapproved. Within one-hundred-and-fifty (150) days of the execution of this Consent Decree, Kraft will develop and present to all nonsupervisory DSD sales employees in Idaho no less than one (1) hour of face-to-face training by a qualified trainer on employment discrimination, including the requirements of the ADA. The EEOC will have an opportunity to review the training materials prior to the training date.
Annually thereafter for the life of this Consent Decree, Kraft will require: (1) all managers, assistant managers and supervisors of its DSD sales personnel in Idaho, all managers with oversight responsibilities for its DSD sales personnel in Idaho, and all human resource professionals who support Kraft’s DSD sales personnel in Idaho to complete one (1) hour of face-to-face training by a qualified trainer on the ADA; and (2) all non-supervisory DSD sales employees in Idaho to complete at least one (1) hour of training on employment discrimination, including the requirements of the ADA.
D. Expungement of Records 13. Kraft will not disclose any information or make reference to any charge of discrimination that is the subject of the lawsuit or this lawsuit in responding to employment reference requests for information about Ms. Rutledge.
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 5

14. Kraft will expunge from the personnel file of Ms. Rutledge, any reference to her discrimination charge against Kraft and this lawsuit, and will ensure that her Kraft personnel records do not reflect that she is “eligible” or “not eligible” for re-hire. If Ms. Rutledge wishes to do so, Kraft will permit her to review her personnel file to ensure that all such references have been expunged. Kraft will not add any information or references to the personnel file of Ms. Rutledge regarding this charge of discrimination and this lawsuit after such references have been expunged.
E. Policies Designed to Promote Supervisor Accountability 15. Kraft will continue to advise all managers and supervisors of their duty to ensure compliance with its EEO policies, and to report any incident or complaint of disability discrimination of which they become aware. If a manager or supervisor violates Kraft’s EEO policies, he/she may be subject to discipline up to and including termination. Kraft also will remind all managers and supervisors that there will be no retaliation against any associate for reporting or relaying any incident of discrimination or retaliation under Kraft’s EEO policy, or for participating in or conducting an investigation of such an incident. 16. Kraft agrees that “commitment to equal employment opportunity” will be considered a desirable qualification for evaluation of supervisory positions, as reflected in Kraft’s MAP competencies referenced in Paragraph 10. F. Reporting 17. Kraft shall report in writing and in affidavit form to the EEOC beginning six (6) months from the date of the entry of this decree, and thereafter every six months for the duration of the decree the following information:
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 6

a. Certification of the completion of training set forth in Paragraph 12 above with a list of all attendees including their job titles. b. Certification that its EEO policy has been sent to all current and newly hired employees as described in Paragraph 11 above. c. A list of any changes, modifications, revocations or revisions to its EEO policies and procedures which concern or affect the subject of disability discrimination and/or evaluating a request for assistance and accommodation from an employee regarding a physical or mental impairment as it relates to the performance of the employee’s job duties. d. A summary of all disability discrimination complaints which are reported to human resources, if any, filed by Kraft’s DSD sales personnel in Idaho and the resolution of each complaint; and e. A statement that Kraft has complied with the terms of the Decree. If Kraft has not complied with any term of the Decree, the statement will specify the areas of non-compliance, the reason for the noncompliance, and the steps taken to bring the Defendant into compliance. G. Posting 18. Kraft will post a Notice, attached as Exhibit 1 to this Consent Decree. The Notice shall be posted on a centrally located bulletin board at Kraft’s DSD sales facility in Idaho for the duration of the Consent Decree.
VI. ENFORCEMENT 19. If the EEOC determines that Kraft has not complied with the terms of this Decree, the EEOC will provide written notification of the alleged breach to Kraft. The EEOC will not petition the Court for enforcement of the decree for at least ten (10) business days after providing
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 7

written notification of the alleged breach to James Fuller, Esq., Senior Counsel, Kraft Foods Legal Department, Three Lakes Drive, Northfield, Illinois 60093-2753. The 10-day period following the written notice shall be used by the parties for good faith efforts to resolve the dispute, or for Kraft to cure the breach.
VIII. RETENTION OF JURISDICTION 20. The United States District Court for the District of Idaho shall retain jurisdiction over this matter for the duration of the decree.
IX. DURATION AND TERMINATION 21. This Decree shall be effect for two (2) years from the date the Court enters this Decree. If the EEOC petitions the Court for breach of the Decree, and the Court finds Kraft to be in violation of the terms of the Decree, the Court may extend the duration of the Decree.
X. CONCLUSION 22. The parties are not bound by any provision of this decree until it is signed by authorized representatives of each party and is entered by the Court, which will become the “effective date” of this decree.

Dated this 10th day of October, 2006.

WILLIAM TAMAYO

Pa

Regional Attorney

Holland

San Francisco District

U.S.

350 The Embarcadero, Suite 500

San Francisco, California 94105-1260

Ph.

KATHRYN OLSON

Fax

mela S. Howland & Hart, LLP
Bank Plaza 101 South Capitol Blvd., Suite 1400 Boise, ID 83702-7714
(208) 342-5000 (208) 343-8869

KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 8

Supervisory Trial Attorney
DAMIEN A. LEE Senior Trial Attorney Seattle Field Office 909 First Avenue, Suite 400 Seattle, Washington 98104 Ph. (206) 220-6915 Fax (206) 220-6911 Damien.Lee@EEOC.gov
Attorneys for Plaintiff EEOC
BY: s/ William Tamayo

phowland@hollandhart.com
Attorney for Defendant BY: s/ Pamela Howland

KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 9

ORDER APPROVING CONSENT DECREE

The Court having considered the foregoing stipulated agreement of the parties, IT IS HEREBY ORDERED THAT the foregoing Consent Decree be, and the same hereby is, approved as the final decree of this Court in full settlement of this action. This lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to any party. The Court retains jurisdiction of this matter for purposes of enforcing the Consent Decree approved herein.

DATED this

day of

, 2006.

____________________________________

EDWARD J. LODGE

Judge,

United States District Court

KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 10

KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 11

KRAFT FOODS GLOBAL, INC. NOTICE TO ALL KRAFT FOODS GLOBAL, INC.
EMPLOYEES
Federal law prohibits an employer from discriminating against any individual based on the individual’s physical or mental disability with respect to hiring, promotion, demotion, terms and conditions of employment, and/or termination. It is also unlawful for an employer to retaliate against any individual because he or she complains of discrimination or harassment, cooperates with the investigation of a discrimination or harassment charge by Kraft Foods Global, Inc. or a government agency, participates as a witness or potential witness in any investigation or legal proceeding, or otherwise exercises his or her rights under the law.
Should you have any complaint of discrimination based on a physical or mental disability, you should contact your supervisor or Human Resources.
Any employee who is found to have retaliated against any other employee because such employee made a complaint of discrimination or participated in an investigation of a discrimination charge or lawsuit will be subject to discipline, up to and including termination.
Employees have the right to bring complaints of disability discrimination and/or retaliation to the U.S. Equal Employment Opportunity Commission, Seattle Field Office at 909 1st Avenue, Suite 400, Seattle, WA 98104-1061, 206/220-6883, 1-
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 12

800-699-4000, and/or the Idaho Human Rights Commission at, P.O. Box 83720, Owyhee Plaza, Fourth Fl., 1109 Main St., Ste. 400, Boise, ID 83720-0040, 208/334-2873. Any Kraft Foods Global, Inc. employee or applicant may also contact Human Resources at (925) 454-4773.
This notice is posted pursuant to a mutual resolution of EEOC v. Kraft Foods Global, Inc. d/b/a Nabisco, Inc., CV 06-0074-S-EJL (D. Id.).
KRAFT FOODS GLOBAL, INC. CONSENT DECREE – Page 13

 
 District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?108952731192127-L_35...

CLOSED, NDPLMB
U.S. District Court District of Idaho (LIVE Database)Version 3.0.4 (Boise) CIVIL DOCKET FOR CASE #: 1:06-cv-00074-EJL-LMB

EEOC v. Kraft Foods Global, dba Nabisco, Inc. Assigned to: Honorable Edward J. Lodge Referred to: Honorable Larry M. Boyle Cause: 42:12101 Americans with Disabilities Act

Date Filed: 02/21/2006 Date Terminated: 10/11/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Damien A Lee EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6915 Fax: (206) 220-6915 Email: damien.lee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kathryn Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 909 First Ave #400 Seattle, WA 98104-1061 (206) 220-6895 Fax: (206) 220-6911 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Kraft Foods Global, Inc. doing business as Nabisco, Inc.

represented by Monique A Tuttle HOLLAND & HART 555 17th St #3200 Denver, CO 80202 (303) 295-8000 Fax: (303) 295-8000 Email: mtuttle@hollandhart.com TERMINATED: 10/06/2006 LEAD ATTORNEY

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Pamela Simmons Howland HOLLAND & HART PO Box 2527 Boise, ID 83701 (208) 342-5000 Fax: 1-208-343-8869 Email: phowland@hollandhart.com ATTORNEY TO BE NOTICED

Date Filed 02/21/2006 02/23/2006 02/23/2006 03/07/2006 03/15/2006 03/15/2006 03/16/2006
03/16/2006 03/20/2006 03/27/2006

#

Docket Text

1 COMPLAINT against Kraft Foods Global, dba Nabisco, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Cover Sheet # 2 Summons)(Lee, Damien)
Summons Issued as to Kraft Foods Global, Inc.. (dkh, )
2 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Equal Employment Opportunity Commission re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )
3 ORDER re litigation plan. Parties to discuss litigation plan within 60 days and file litigation plan within 90 days. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm, )
4 MOTION FOR PRO HAC VICE APPEARANCE by Pamela Simmons Howland, Pamela Simmons Howland for Monique A. Tuttle ( Filing fee $ 200 receipt number 129927.) by on behalf of Kraft Foods Global, Inc.. Responses due by 4/10/2006 (Howland, Pamela)
5 MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Kraft Foods Global, Inc.. Responses due by 4/10/2006 (Howland, Pamela)
CORRECTIVE ENTRY - The entry docket number 5 MOTION for Extension of Time to File Response/Reply as to 1 Complaint filed by Kraft Foods Global, Inc., was filed incorrectly in this case. The correct motion type should be "motion to extend time to file an answer". Please use this when docketed this type of motion in the future. (dkh, )
6 DOCKET TEXT ORDER APPROVINING 4 Motion for Pro Hac Vice Appearance of attorney Monique A Tuttle for Kraft Foods Global, Inc. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, ) ).
7 ORDER granting 5 Motion for Extension of Time to File Response to complaint; DDL 3/28/06 . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )
8 ANSWER to Complaint by Kraft Foods Global, Inc..(Howland, Pamela)

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03/27/2006 03/28/2006
03/28/2006 05/09/2006
05/12/2006 05/12/2006 05/19/2006 06/06/2006
07/14/2006 07/17/2006
07/19/2006

9 Disclosure Statement filed byPamela Simmons Howland on behalf of Kraft Foods Global, Inc.. (Howland, Pamela)
CORRECTIVE ENTRY - The entry docket number 9 Disclosure Statement filed by Kraft Foods Global, Inc., was filed incorrectly in this case. This is a corporate disclosure statement which is under "Other Documents" and then select "Corporate Disclosure Statement" The filing of this selection then notifies the Judge of a possible conflict. Please use this info for future filings of this pleading. (dkh, )
10 NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Kraft Foods Global, Inc. re 8 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dkh, )
11 DOCKET TEXT NOTICE: COUNSEL SHALL FILE THEIR ELECTION ON THE CONSENT ELECTION FORM- REFER TO THE ORDER- DOC. #3. UPON COMPLETION OF ALSO FILING THEIR STIPULATED LITIGATION PLAN; COUNSEL SHALL CONTACT THE CLERK TO SET FOR A TELEPHONE SCHEDULING CONFERENCE. (lc, )
12 AN OBJECTION TO A US MAGISTRATE JUDGE HAS BEEN FILED IN THIS CASE. (dkh, ) (Entered: 05/15/2006)
DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Edward J. Lodge for all further proceedings. Judge Larry M. Boyle no longer assigned to case Please use this case number on all future pleadings, 06-74-S-EJL (dkh, ) (Entered: 05/15/2006)
13 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Lee, Damien)
14 SCHEDULING ORDER REFERRING to Magistrate Judge Larry M. Boyle Non-Dispositive pretrial matters, Amended Pleadings due by 8/25/2006. Discovery due by 1/19/2007. Motions due by 2/23/2007. Jury Trial set for 8/21/2007 09:30 AM in Boise, ID before Honorable Edward J. Lodge.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
15 STIPULATION re Proposed Protective Order by Equal Employment Opportunity Commission. (Lee, Damien)
CORRECTIVE ENTRY - The entry docket number 15 Stipulated proposed protective order filed by Equal Employment Opportunity Commission, was filed incorrectly in this case. This should not have been docketed but rather sent the Judge Larry M. Boyle for signing at LMB_Orders@id.uscourts.gov. The filing party shall re-submit this filing to Judge Boyle. (dks, )
16 ORDER approving 15 Stipulation for protective order filed by Equal Employment Opportunity Commission, . Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )

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District of Idaho Live CM/ECF - Docket Report

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?108952731192127-L_35...

08/11/2006 08/14/2006
10/06/2006 10/06/2006
10/10/2006 10/11/2006

17 STIPULATION re 14 Order Referring Case to Magistrate Judge, Set Deadlines/Hearings,, to Extend ADR Deadline by Kraft Foods Global, Inc., Equal Employment Opportunity Commission. (Howland, Pamela)
18 ORDER granting 17 Stipulation to extend the ADR deadline to 10/25/06 filed by Equal Employment Opportunity Commission,, Kraft Foods Global, Inc., . Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
19 NOTICE by Kraft Foods Global, Inc. for Disassociated Counsel (Howland, Pamela)
20 ORDER Granting notice of disassociated counsel re 19 Notice (Other) filed by Kraft Foods Global, Inc.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )
21 STIPULATION of Dismissal and Consent Decree by Equal Employment Opportunity Commission. (Lee, Damien)
22 ORDER granting 21 Stipulation of Dismissal with prejudice and approving consent decree filed by Equal Employment Opportunity Commission. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )

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