1 MARY JO O’NEILL AZ BAR #005924
SALLY C. SHANLEY AZ BAR #012251
2 P. DAVID LOPEZ DC BAR #426463
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 PHOENIX DISTRICT OFFICE
3300 NORTH CENTRAL AVENUE, SUITE 690
4 PHOENIX, ARIZONA 85012-2504
TELEPHONE: (602) 640-5016
5 FACSIMILE: (602) 640-5009
E-MAIL:
6 mary.oneill@eeoc.gov
sally.shanley@eeoc.gov
7 patrick.lopez.@eeoc.gov

8 Attorneys for Plaintiff

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE DISTRICT OF ARIZONA

11

12

Equal Employment Opportunity Commission,

) ) )

13

Plaintiff,

) )

14

v.

) )

15 16

Apothecary Shop of Scottsdale, Inc., d/b/a Apothecary Shops of Arizona; and Apothecary Shop of Gilbert, Inc.,

) ) ) )

17

Defendants.

) )

18

CIV COMPLAINT (Jury Demanded)

19 NATURE OF THE ACTION
20 This is an action under Title VII of the Civil Rights Act of 1964 a nd Title I of the
21 Civil Rights Act of 1991 to correct unlawful employment practices on the bases of race and
22 23 retaliation, and to provide appropriate relief to Jacinta Hines, who was adversely affected by 24 such practices. As alleged with greater particularity below, the Com mission alleges
25 Defendants Apothecary Shop of Scottsdale, Inc., d/b/a Apothecary Shops of Arizona; and
26 Apothecary Shop of Gilbert, Inc., (“Defendants” or “Apothecary Shops”)discrim inated

27 against Jacinta Hines because of her race, African-Am erican, and sex, female, when they

28 terminated her from the Pharmacy Director position at their Gilbert, Arizona store.

1

JURISDICTION AND VENUE

2

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

3 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1)

4 and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1)

5 and (3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

6

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

7 jurisdiction of the United States District Court for the District of Arizona. 8
PARTIES 9
3. Plaintiff, the Equal Em ployment Opportunity Com mission (the 10

“Commission”), is the agency of the United States of Am 11

erica charged with the

12 administration, interpretation and enforcement of Title VII, and is expressly authorized to

13 bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

14

4. At all relevant times, Defendants, Apothecary Shop of Scottsdale, Inc., and

15 Apothecary Shop of Gilbert, Inc., have c ontinuously been Arizona corporations doing

16 business in the S tate of Arizona and the Cities of Gilbert and S cottsdale, and have

17 continuously had at least 15 employees.

18

5. At all relevant times, Defendants havecontinuously been an employer engaged

19 in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title

20 VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

21

STATEMENT OF CLAIMS

22

6. More than thirty days prior to the institution of this lawsuit, Ms. Hines filed a

23 charge with the Com mission alleging violations of Title VII by Apothecary Shops. All

24 conditions precedent to the institution of this lawsuit have been fulfilled.

25 7. Since at least July 2004, Apothecary Shops has engaged in unlawful
26 employment practices at their Gilbert, Arizona facility, in violation of Section 703(a) of Title
27

28 VII, 42 U.S.C. § 2000e-2(a) by discriminating against Ms. Hines on the basis of her race,

2

1 African-American, and sex, fem ale, when they term inated her from her position as a

2 Pharmacy Director.

3

8. At the tim e of Ms. Hines’ termination, Defendants’ em ployee handbook

4 contained a corrective counseling policy. This policy had a progressive discipline policy

5 including written counseling, suspension, and probation.

6

9. Ms. Hines was never disciplined pursuant to Defendants’ocrrective counseling

7 policy during her employment with Defendants.

8 10. Ms. Hines was never disciplined, counseled, or reprimanded informally by any

9

10

of her supervisors during her employment with Defendants. 11

12

11. During her employment, no customer or employee ever submitted a written

13 complaint to Defendants about Ms. Hines; however, at least three custom ers submitted

14 written commendations to Defendants about Ms. Hines.

15

12. At the time Ms. Hines was terminated, Defendants retained two white, male

16 Pharmacy Directors who had previously had their licenses suspended or had been placed on

17 probation by the State Pharmacy Board for conduct harmful to customers. In contrast, Ms.

18 Hines has never been subject to any disciplinary action by the State Pharmacy Board.

19

13. Defendants replaced Ms. Hines at their Gilbert store with one of the white,

20 male Pharmacy managers who had previously been disciplined by the State Pharamcy Board.

21

PRAYER FOR RELIEF

22

Wherefore, the Commission respectfully requests that this Court:

23

A. Grant a permanent injunction enjoining Defendants, their officers, successors,

24 assigns, and all persons in active concert or participation with it, fromengaging in race and

25 sex discrimination and retaliation and any other employment practice which discriminates
26 on the basis of race.
27

28

B. Order Defendants to institute and carry out policies, practices, and programs

which provide equal employment opportunities foremployees regardless of their race or their

3

1

2 sex and for those who oppose unlawful em ployment discrimination, and which policies,

3 practices and program s eradicate the effects of Defendants past and present unlawful

4 employment practices.

5

C. Order Defendants to make whole Jacinta Hines, by providing appropriate back

6 pay with prejudgment interest, in amounts to be determined at trial, and other affirm ative

7 relief necessary to eradicate the effects of its unlawful employment practices, including but 8
not limited to rightful place reinstatement of Jacinta Hines or front pay in lieu thereof. 9
D. Order Defendants to make whole Jacinta Hines, by providing com pensation 10

for past and future pecuniary losses resulting from the unlawful em ployment practices 11

12 described in paragraphs 7-13 above, including any m edical expenses not covered by

13 Apothecary Shops’ employee benefit plan, in amounts to be determined at trial.

14

E. Order Defendants to make whole Jacinta Hines by providing compensation for

15 past and future nonpecuniary losses resulting from the unlawful em ployment practices

16 complained of in paragraphs 7-13 above, including emotional pain, suffering, inconvenience,

17 loss of enjoyment of life and humiliation, in amounts to be determined at trial.

18

F. Order Defendants to pay Jacinta Hines punitive dam ages for the conduct

19 described in paragraphs 7-13 above, in amounts to be determined at trial.

20

H. Grant such further relief as the Court deems necessary and proper in the public

21 interest.

22

I. Award the Commission its costs of this action.

23

JURY TRIAL DEMAND

24 The Commission requests a jury trial on all questions of fact raised by its Complaint.
25 DATED this 28th day of September, 2006.
26 Respectfully submitted,
27

28

RONALD S. COOPER

General Counsel

4

1

2

JAMES L. LEE

3

Deputy General Counsel

4

GWENDOLYN YOUNG REAMS Associate General Counsel

5

EQUAL EMPLOYMENT

6

OPPORTUNITY COMMISSION 1801 L Street, N.W.

7

Washington, D.C. 20507

8

9

s/ Mary Jo O’Neill

10

MARY JO O’NEILL Regional Attorney

11

12

s/ Sally C. Shanley SALLY C. SHANLEY

13

Supervisory Trial Attorney

14

s/ P. David Lopez

15

P. DAVID LOPEZ

16

Trial Attorney

17

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

18

Phoenix District Office 3300 N. Central Ave., Suite 690

19

Phoenix, Arizona 85012 (602) 640-5016

20

Attorneys for Plaintiff

21

22

23

24

25

26

27

28

5

 
 1 MARY JO O’NEILL AZ BAR #005924
SALLY C. SHANLEY AZ BAR #012251
2 P. DAVID LOPEZ DC BAR #426463
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 PHOENIX DISTRICT OFFICE
3300 NORTH CENTRAL AVENUE, SUITE 690
4 PHOENIX, ARIZONA 85012-2504
TELEPHONE: (602) 640-5016
5 FACSIMILE: (602) 640-5009
E-MAIL:
6 mary.oneill@eeoc.gov
sally.shanley@eeoc.gov
7 patrick.lopez.@eeoc.gov

8 Attorneys for Plaintiff

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE DISTRICT OF ARIZONA

11

12

Equal Employment Opportunity Commission,

) ) )

13

Plaintiff,

) )

14

v.

) )

15 16

Apothecary Shop of Scottsdale, Inc., d/b/a Apothecary Shops of Arizona; and Apothecary Shop of Gilbert, Inc.,

) ) ) )

17

Defendants.

) )

18

CIV 06-2324-PHX-ROS FIRST AMENDED COMPLAINT (Jury Demanded)

19 NATURE OF THE ACTION
20 This is an action under Title VII of the Civil Rights Act of 1964 a nd Title I of the
21 Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and
22 23 sex, and to provide appropriate relief to Jacinta Hines, who was adversely affected by such 24 practices. As alleged with greater particularity below, the Commission alleges Defendants
25 Apothecary Shop of Scottsdale, Inc., d/b/a Apothecary Shops of Arizona; and Apothecary
26 Shop of Gilbert, Inc., (“Defendants” or “Apothecary Shops”) discriminated against Jacinta

27 Hines because of her race, African-American, and sex, female, when they terminated her

28 from the Pharmacy Director position at their Gilbert, Arizona store.

1

JURISDICTION AND VENUE

2

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

3 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1)

4 and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1)

5 and (3) (“Title VII”) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

6

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

7 jurisdiction of the United States District Court for the District of Arizona. 8
PARTIES 9
3. Plaintiff, the Equal Em ployment Opportunity Com mission (the 10

“Commission”), is the agency of the United States of Am 11

erica charged with the

12 administration, interpretation and enforcement of Title VII, and is expressly authorized to

13 bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

14

4. At all relevant times, Defendants, Apothecary Shop of Scottsdale, Inc., and

15 Apothecary Shop of Gilbert, Inc., have c ontinuously been Arizona corporations doing

16 business in the S tate of Arizona and the Cities of Gilbert and S cottsdale, and have

17 continuously had at least 15 employees.

18

5. At all relevant times, Defendants havecontinuously been an employer engaged

19 in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title

20 VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

21

STATEMENT OF CLAIMS

22

6. More than thirty days prior to the institution of this lawsuit, Ms. Hines filed a

23 charge with the Com mission alleging violations of Title VII by Apothecary Shops. All

24 conditions precedent to the institution of this lawsuit have been fulfilled.

25 7. Since at least Decem ber 2004, Apothecary Shops has engaged in unlawful
26 employment practices at their Gilbert, Arizona facility, in violation of Section 703(a) of Title
27

28 VII, 42 U.S.C. § 2000e-2(a) by discriminating against Ms. Hines on the basis of her race,

2

1 African-American, and sex, fem ale, when they term inated her from her position as a

2 Pharmacy Director.

3

8. At the tim e of Ms. Hines’ termination, Defendants’ em ployee handbook

4 contained a corrective counseling policy. This policy had a progressive discipline policy

5 including written counseling, suspension, and probation.

6

9. Ms. Hines was never disciplined pursuant to Defendants’ocrrective counseling

7 policy during her employment with Defendants.

8 10. Ms. Hines was never disciplined, counseled, or reprimanded informally by any

9

10

of her supervisors during her employment with Defendants. 11

12

11. During her employment, no customer or employee ever submitted a written

13 complaint to Defendants about Ms. Hines; however, at least three custom ers submitted

14 written commendations to Defendants about Ms. Hines.

15

12. At the time Ms. Hines was terminated, Defendants retained two white, male

16 Pharmacy Directors who had previously had their licenses suspended or had been placed on

17 probation by the State Pharmacy Board for conduct harmful to customers. In contrast, Ms.

18 Hines has never been subject to any disciplinary action by the State Pharmacy Board.

19

13. Defendants replaced Ms. Hines at their Gilbert store with one of the white,

20 male Pharmacy managers who had previously been disciplined by the State Pharamcy Board.

21

PRAYER FOR RELIEF

22

Wherefore, the Commission respectfully requests that this Court:

23

A. Grant a permanent injunction enjoining Defendants, their officers, successors,

24 assigns, and all persons in active concert or participation with it, fromengaging in race and

25 sex discrimination and any other employment practice which discriminates on the basis of
26 race or sex.
27

28

B. Order Defendants to institute and carry out policies, practices, and programs

which provide equal employment opportunities foremployees regardless of their race or their

3

1

2 sex and for those who oppose unlawful em ployment discrimination, and which policies,

3 practices and program s eradicate the effects of Defendants’ past and present unlawful

4 employment practices.

5

C. Order Defendants to make whole Jacinta Hines, by providing appropriate back

6 pay with prejudgment interest, in amounts to be determined at trial, and other affirm ative

7 relief necessary to eradicate the effects of its unlawful employment practices, including but 8
not limited to rightful place reinstatement of Jacinta Hines or front pay in lieu thereof. 9
D. Order Defendants to make whole Jacinta Hines, by providing com pensation 10

for past and future pecuniary losses resulting from the unlawful em ployment practices 11

12 described in paragraphs 7-13 above, including any m edical expenses not covered by

13 Apothecary Shops’ employee benefit plan, in amounts to be determined at trial.

14

E. Order Defendants to make whole Jacinta Hines by providing compensation for

15 past and future nonpecuniary losses resulting from the unlawful em ployment practices

16 complained of in paragraphs 7-13 above, including emotional pain, suffering, inconvenience,

17 loss of enjoyment of life and humiliation, in amounts to be determined at trial.

18

F. Order Defendant to pay Jacinta Hines punitive dam ages for the conduct

19 described in paragraphs 7-13 above, in amounts to be determined at trial.

20

H. Grant such further relief as the Court deems necessary and proper in the public

21 interest.

22

I. Award the Commission its costs of this action.

23

JURY TRIAL DEMAND

24 The Commission requests a jury trial on all questions of fact raised by its Complaint.
25 DATED this 4th day of October, 2006.
26 Respectfully submitted,
27

28

RONALD S. COOPER

General Counsel

4

1

2

JAMES L. LEE

3

Deputy General Counsel

4

GWENDOLYN YOUNG REAMS Associate General Counsel

5

EQUAL EMPLOYMENT

6

OPPORTUNITY COMMISSION 1801 L Street, N.W.

7

Washington, D.C. 20507

8

9

s/ Mary Jo O’Neill

10

MARY JO O’NEILL Regional Attorney

11

12

s/ Sally C. Shanley SALLY C. SHANLEY

13

Supervisory Trial Attorney

14

s/ P. David Lopez

15

P. DAVID LOPEZ

16

Trial Attorney

17

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

18

Phoenix District Office 3300 N. Central Ave., Suite 690

19

Phoenix, Arizona 85012 (602) 640-5016

20

Attorneys for Plaintiff

21

22

23

24

25

26

27

28

5

 
 1 Trisha Kirtley (#013905)

2

Kirtley Wells Law Office 3800 N. Central Ave. Suite 615

3 Phoenix, AZ 85012

Telephone: 602-264-7424 4 Attorney for Plaintiff

5

6 IN THE UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA

8 Jacinta Hines,

Cause No.: CV 06-2324-PHX-ROS

9

Plaintiff Intervener,

a) <:.)

10
v.

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11

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Apothecary Shop of Scottsdale,

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Inc. ,d/b/a Apothecary Shops of Arizona; and Apothecary Shop of Gilbert, Inc.,

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Defendants.

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16

INTERVENER'S COMPLAINT (Title VII, 42 U.S.C. §§ 1981) (Jury Trial Demanded)

Plaintiff, Jacinta Hines, for her complaint against defendants, alleges as

17 follows:

18

1. This Court has jurisdiction to hear this complaint and to adjudicate the

19 claims stated herein under 28 U.S.C. §§ 451, 1331, 1337, 1343, 1343(4) and 1345 to

20 redress the unlawful deprivation of Plaintiff s rights secured, guaranteed and

21 protected by federal law. The Court also has jurisdiction pursuant to 28 U.S.C. §§

22 2201 and 2207 relating to declaratory judgments.

23

2. The action is brought under the Civil Rights Act of 1871,42 U.S.C.

24 §§1981, and §§ 704 (a) and 706 (£)(1) and (3) of Title VII of the Civil Rights Act of

25 1964, as amended, 42 U.S.C. §§ 2000e et~. (Title VII) and §102 of the Civil Rights

26 Act of 1991 and 42 U.S.C. § 1981A.

1

3. Venue is proper in this Court because the practices complained of

2 occurred in the District of Arizona and the defendants can be found in the District of

3 Arizona.

4

PARTIES

5

4. Plaintiff Jacinta Hines, an African American, at all relevant times, was a

6 resident of Maricopa County, Arizona.

7

5. Defendant Apothecary Shop of Scottsdale, Inc. and Apothecary Shop of

8 Gilbert Inc., ("Defendants") have continuously been an Arizona corporations doing

9 business in the State of Arizona and the Cities of Gilbert and Scottsdale.

a)

10

6. At all relevant times, Defendants have continuously been employers

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& (h) of Title VII 42 U.S.C. §§ 2000e (b), (g) and (h).

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7. Defendants employs greater than 100 employees.

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GENERAL ALLEGATIONS 8. Defendants are a covered employer as defined by Title VII of the Civil

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16 Rights Act of 1964, as amended.

17

9. Since at least December 2004, Defendants have engaged in unlawful

18 employment practices by discriminating against Jacinta Hines in violation of Title VII

19 and § 1981.

20

10. Jacinta Hines was employed by Defendants as a Pharmacy Director.

21

11. Upon information and belief, at all relevant times, Jacinta Hines was the

22 only African American Pharmacy Director working for Defendants.

23

12. Defendants discharges Plaintiff from her position as Pharmacy Director

24 because of her race and sex in violation of Title VII § 42 U.S.C. § 1981 A.

25

13. Defendants did not follow the progressive discipline policy mandated

26 by its employee handbook.

-2 -

1

14. In fact, Defendants never disciplined, counseled, reprimanded or

2 warned Hines regarding the alleged deficient performance and/or conduct which

3 purportedly lead to her termination.

4

15. In contrast to Defendants scrutiny of Hines' purported performance

5 and/or conduct, Defendant retained the employment of two non-African American

6 male Pharmacy Directors (both Caucasian) whom license had been suspended by the

7 State Pharmacy Board and/or they were placed on probation for conduct harmful to

8 customers.

9

16. Hines' license has never been subject to any disciplinary action by the

a)

10 State Pharmacy Board.

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17. Hines' replacement was one of the white male Pharmacy Directors who

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had been previously disciplined by the State Pharmacy Board.

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18. Jacinta Hines timely filed a charge of discrimination with the United

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States Equal Employment Opportunity Commission ("EEOC") alleging Defendants discriminated against her because of her race, African American and sex, female.

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19. The EEOC issued a Letter of Determination finding cause to believe

17 that Defendants had discriminated against Hines because of her race and file a lawsuit

18 on her behalf.

19

20. Hines has complied with all of the administrative requirements, which

20 are a precondition to filing suit under Title VII of the Civil Rights Act of 1964, as

21 amended.

22

COUNT I

(Title VII - Discrimination - Race & Sex)

23

24

21. Plaintiff hereby repleads and incorporates all allegations set forth above.

25

22. Since at least December 2004, Defendants intentionally discriminated

26 against Jacinta Hines on the account of her race and sex, in violation of Title VII of

-3-

1 the Civil Rights Act of 1964, by denying her equal terms, conditions and privileges of

2 employment, including but not limited to, discharging Jacinta Hines.

3

23. As a direct and proximate result of Defendants' acts, Jacinta Hines

4 suffered and continues to suffer damages in amounts to be proven at trial, including

5 embarrassment, pain and suffering, mental distress, ordeal, humiliation and emotional

6 distress.

7

COUNT II

(42 U.S.C. § 1981 - Race Discrimination)

8

9

24. Plaintiff hereby realleges and incorporates all allegations set forth

a)

10 above.

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25. Section § 1981 provides in pertinent part:

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(a) Statement of equal rights ... All persons ... shall have the same right... to make and enforce

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contracts ... and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by White citizens ...

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16

26. Defendants intentionally discriminated against Jacinta Hines on the

17 account of her race, in violation of 42 U.S.C. § 1981 by denying to her equal terms,

18 privileges and conditions of her employment and the right to contract as well as

19 interfering with her right to contract by terminating her employment.

20

27. As a direct and proximate result of Defendants' conduct, Hines has and

21 continues to suffer damages in amounts to be proven at the time of trial.

22

28. The conduct of Defendants was in reckless disregard andlor callous

23 indifference of Hines' federally protected rights.

24

29. Plaintiff is entitled to punitive damages.

25

26

-4-

1

DEMAND FOR JURY TRIAL

2

30. Plaintiff hereby requests a jury trial.

3

PRAYER FOR RELIEF

4

WHEREFORE, Plaintiff respectfully request that the Court:

5

A. Order Defendants to make Plaintiff whole by providing appropriate lost

6 wages, including lost fringe benefits with prejudgment interest and front pay in amounts

7 to be proven at trial, and other affirmative relief necessary to eradicate the effects of its

8 unlawful practices.

9

B. Order Defendant Defendants to reinstate Plaintiff to her rightful position

a)

10 as a Pharmacy Director, including retroactive seniority or pay front pay to Plaintiff.

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C. Order Defendants to make whole Plaintiff by providing compensation

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for past and future pecuniary and non-pecuniary losses and compensatory damages

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resulting from the unlawful practices complained of above, including damages for

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emotional pam and suffering, anguish, emotional distress, humiliation, embarrassment, anxiety, fear/fright and ordeal, in amounts to be determined at trial.

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16

D. Order Defendants to pay Plaintiff punitive damages.

17

E. Order Defendant to take appropriate remedial disciplinary action against

18 all employees who discriminated, against Hines.

19

F. Order Defendant Defendants to implement training and monitoring

20 programs administered by an entity external to Defendants.

21

G. Enter a declaratory judgment that Defendants have violated Plaintiff s

22 right to be free from discrimination and pursuant to Title VII and 42 U.S.C. § 1981.

23

H. Order Defendants to pay Jacinta Hines all statutory damages including

24 compensatory and punitive damages.

25

I. Grant a permanent injunction enjoining Defendant Defendants and its

26 officers, supervisors, managers, successors, assigns and all persons in active concert

-5-

1 or participation with them, from engagmg m any employment practice which

2 discriminates on the basis of race or sex.

3

1. Order Defendant Defendants to institute and carry out policies, practices

4 and programs which provide equal employment opportunities for qualified

5 individuals, females and African Americans, which eradicate the effects of its past

6 and present unlawful employment practices.

7

K. Award Plaintiff her reasonable attorney's fees and costs;

8

L. Award Plaintiff pre-judgment interest and post-judgment interest; on

9 any awards at the highest rate allowed by law; and

a)

10

M. Such other and further relief as this Court deems just, appropriate and

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11 proper.

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DATED this 9th day of October 2007.

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16

KIRTLEY WELLS LAW OFFICE
By Is/Trisha Kirtley 3800 N. Central Avenue, Suite 615 Phoenix, AZ 85012

Attorney for Plaintiff

17

18

19

20

21

22

23

24

25

26

-6-

 
 1

2

3

4

5

6

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE DISTRICT OF ARIZONA

9 Equal Employment Opportunity
Commission, 10
Plaintiff, 11

12

vs.

NO. CV 06-02324 PHX EHC CONSENT DECREE

13 Apothecary Shop of Scottsdale, Inc., d/b/a Apothecary Shops of Arizona; and
14 Apothecary Shop of Gilbert, Inc.,

15

Defendants.

16

17

INTRODUCTION

18

The United States Equal Employment Opportunity Commission (the

19 "Commission" or "EEOC") filed its Complaint against Apothecary Shop of Scottsdale,

20 Inc., d/b/a Apothecary Shops of Arizona, and Apothecary Shop of Gilbert, Inc.,

21 ("Defendant" or "Apothecary") to enforce Title VII of the Civil Rights Act of 1964, 42 22 U.S.C. § 2000e et ~ (Title VII), the Civil Rights Act of 1991,42 U.S.C. § 1981a. The

23 EEOC alleged in the Complaint that Apothecary discriminated against Jacinta Hines on

24 the basis of race, African-American, and sex, female, by terminating her from her

25 position of Pharmacy Director. 26

QBACTIVE\6116233.2

1 In the interest of resolving this matter, and as a result of having engaged in
2 comprehensive settlement negotiations, the parties have agreed that this action should be
3 resolved by this Decree. The parties do not object to the jurisdiction of the Court over
4 this action.
5 1. This Decree resolves all claims of the Commission against Defendant,
6 including compensatory and punitive damages, interest and injunctive relief.
7 2. The parties agree that the Court has jurisdiction over the parties and the
8 subject matter of this Action pursuant to Title VII of the Civil Rights Act of 1964, as
9
amended, 42 U.S. Code § 2000e et ~ 10
3. This Decree and its terms shall not be construed as an admission of 11
liability whatsoever on the part of Apothecary. Apothecary denies and has always 12
denied that it discriminated against Jacinta Hines on the basis of her sex or her race. 13
This agreement is made solely in compromise and settlement of disputed claims. 14
INJUNCTION 15
4. Defendant, and its successors and assigns, and all persons in active concert 16
or participation with it, both at the time that this Decree becomes effective and for the 17
duration of this Decree, are enjoined from discrimination on the basis of race. Nothing 18
in this Injunction shall alter the process or procedures by which charges of 19
discrimination or retaliation against defendant, if any, are processed and investigated. 20
MONETARY RELIEF 21
5. Defendant shall pay a settlement amount of $70,000 to Jacinta Hines. It is 22
agreed that the funds paid pursuant to this Decree shall be designated as compensatory 23
Defendant will not condition the receipt of individual relief on the EEOC's 25
or Jacinta Hines' agreement to maintain as confidential the terms of this decreeor on an 26
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QBACTIVE\6116233.2

1 agreement by Ms. Hines to waive prospectively her statutory right to file a charge with
2 any federal or state anti-discrimination agency.
3 7. Defendant shall pay the Settlement Amount to Jacinta Hines within ten
4 business days of obtaining an executed settlement agreement with Ms. Hines.
5 8. Defendant shall issue United States Internal Revenue Service Form 1099
6 to Ms. Hines for the amounts designated as compensatory damages for the tax year
7 during which payment is made.
8 9. Within five business days of the issuance of the settlement momes,
9
Defendant shall submit a declaration by John Musil confirming that payment of the 10
settlement monies has been made to Mary Jo O'Neill, Regional Attorney, Equal 11
Employment Opportunity Commission, 3300 North Central Avenue, Suite 690, Phoenix, 12
Arizona 85012. 13
NOTICE 14
10. Within thirty (30) days of the entry of this Decree, Defendant shall post the 15
Notice attached as Exhibit A in a prominent place frequented by its employees at all of 16
its facilities located in the state of Arizona. The Notice shall remain so posted for the 17
duration of the decree. The Notice shall be the same type, style and size as set forth in 18
Attachment A to this Decree. 19
OTHER RELIEF 20
11. Defendant agrees to carry out policies and practices at its facilities in the 21
state of Arizona that help assure a work environment free from race discrimination and 22
to ensure compliance with the record-keeping provision of Title VII, 42 U.S.C. § 2000e23
8(c), and 29 C.F.R. § 1602.14 (2000). 24
25
26
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QBACTIVE\6116233.2

1 12. Defendant shall promptly and appropriately investigate all complaints by
2 its employees of race or sex discrimination and maintain all records relating to any such
3 investigation.
4 13. Defendant shall implement policies with respect to discipline and
5 termination in a non-discriminatory manner.
6 14. Any written communication to Defendant's employees that it is an at-will
7 employer shall also indicate that any exercise of this at-will authority will be done
8 consistent with state and federal law, including any prohibitions against discrimination
9
based on race and sex. 10
15. Defendant agrees to retain documents related to the investigation of 11
complaints of race or sex discrimination in an investigatory file that is separate from the 12
complainant's regular personnel file. 13
16. Within ninety (90) days from the entry of this Decree, Defendant agrees to 14
provide training on race or sex discrimination to its officials with responsibility for the 15
hiring, promotion, or discharge of employees who have not received such training within 16
the past 12 months. Between 12 months and 17 months from the entry of the decree, 17
Defendant agrees to provide training on race or sex discrimination to its officials with 18
responsibility for the hiring, promotion, or discharge of employees who have not 19
received such training within the past 12 months. 20
A. Defendant shall obtain the EEOC's approval of the 21
consultants/lecturers selected by Defendant to provide the training described above. At 22
least thirty (30) days prior to the proposed training seminar, Defendant shall submit the 23
name(s), addressees), telephone number(s) and resume(s) of the proposed 24
consultant/lecturer(s), together with the dates of the proposed training seminar and an 25
26
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QBACTIVE\6116233.2

1 outline of the contents of the training, to the Regional Attorney of the Phoenix District
2 Office of the EEOC.
3 B. Defendant shall retain all materials relating to the training,
4 including sign-in sheets and training materials. These materials shall be made available
5 to the Equal Employment Opportunity Commission upon request.
6 17. To the extent necessary, Defendant shall expunge from the personnel files
7 of Ms. Hines (a) all references to the charge of discrimination filed against Defendant
8 that formed the basis of this action; (b) all references to Ms. Hines' participation in this
9
action. 10
18. Upon receipt of requests for references by a prospective employer for Ms. 11
Hines that are made to Defendant's Human Resources Department or to John Musil, 12
Defendant agrees to provide a neutral reference stating only Ms. Hines' dates of 13
employment, job title, and salary. 14
19. Defendant shall retain all materials relating to the termination of any 15
employee for the duration of the decree. This includes all performance evaluations, 16
disciplinary notices, job descriptions. 17
REPORTING BY DEFENDANT AND ACCESS BY EEOC 18
20. Defendant shall report in writing and in affidavit form to the Regional 19
Attorney of the Commission's Phoenix District Office, beginning six months from the 20
date of the entry of this Decree, and one year thereafter, the following information: 21
Confirmation that (1) the Notice required in paragraph 11 of this Decree was posted, and 22
the locations where it was posted; (2) the policies required in paragraphs 12-15 were 23
distributed to each current and new employee of Defendant, and posted. 24
25
26
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QBACTIVE\6116233.2

1 21. The Commission, upon reasonable notice and agreement, shall have the
2 right to enter and inspect Defendant's Arizona premises and work sites to ensure
3 compliance with this Decree.
4 PROCEDURES AND REMEDIES FOR NON-COMPLIANCE
5 22. In the event that the Commission believes that Defendant has failed to
6 comply with any provision(s) of this Decree, it shall notify Defendant in writing of the
7 non-compliance by fax and by overnight mail to the counsel and the corporate officer
8 who sign this Decree on Defendant's behalf, or to his or her successor, and afford
9 Defendant forty-five days after service of the notice to remedy the non-compliance.
10 23. If Defendant has not remedied the alleged non-compliance in forty-five
11 (45) days after service of notice, the EEOC may petition this Court to enforce the terms
12 of the Decree at any time during its duration.
13 24. In the event the Court finds that Defendant has violated this Decree, as
14 evidenced by a final judgment against Defendant, the Court may order reasonable relief
15 to remedy the non-compliance, including attorneys' fees, daily fines, appropriate
16 injunctive relief, and extension of this Decree for such period as may be necessary to
17 remedy its non-compliance.
18 25. The Parties' intent in entering this Consent Decree is to allow only the
19 EEOC and the Plaintiff Intervenor the right to and/or ability to petition the Court for
20 compliance with and/or enforcement of the terms of this Decree, as set forth in
21 Paragraph 23.
22 COSTS AND DURATION
23 26. The EEOC and Defendant shall bear its costs and attorney's fees incurred
24 as a result of this action through the filing of this Decree.
25 27. The duration of this Decree shall be eighteen months from its entry.
26
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QBACTIVE\6116233.2

1 This Court shall retain jurisdiction over this action for the duration of the Decree,

2 during which the Commission may petition this Court for compliance with this Decree.

3 Should the Court determine that Defendant has not complied with this Decree, the Court

4 may order appropriate relief; including extension of this Decree for such period as may

5 be necessary to remedy its non-compliance, an award of attorney's fees and costs, and

6 fines for contempt of court.

7 28. In the event Defendant is in non-compliance with any provision of this

8 Decree, and the Commission petitions the Court to order Defendant to comply,

9 Defendant shall pay all attorney's fees and costs incurred by the Commission to enforce

10 the Decree, if ordered.

11 29. Absent extension, this Decree shall expire by its own terms at the end of

12 eighteen months from the date of entry without further action by the Parties.

13 The Parties agree to entry of this Decree subject to final approval by the Court.

14

APPROVED this 16th day of April, 2008.

15

16

17

18

Earl H. Carroll

19

United States District Judge

20

21

22

23

24

25

26

-7-
QBACTIVE\6116233.2

1 QUARLES & BRADYLLP

2

3

By: ISandra 1. Creta

4

Sandra 1. Creta, Esq.

5

2 N. Central Avenue

Phoenix, Arizona 85004

6

Attorneys for Defendant

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

QBACTIVE\6116233.2

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
By: s/Mary J0 0 'Neill Mary Jo O'Neill Regional Attorney siSally C. Shanley Sally C. Shanley Supervisory Trial Attorney
sl P. David Lopez P. David Lopez Trial Attorney Phoenix District Office 3300 N. Central Avenue, Ste 690 Phoenix, AZ 85012-2504 Attorneys for Plaintiff
KIRTLEY WELLS LAW OFFICE
By: s/Trisha Kirtley, Esq. Trisha Kirtley, Esq. 3800 N. Central Ave., Suite 615 Phoenix, Arizona 85012 Attorneys for Plaintiff-Intervenor
-8-

1 EXHIBIT A
2 NOTICE TO ALL EMPLOYEES OF APOTHECARY
3 This Notice is posted pursuant to a Decree between Apothecary and the Equal
4 Employment Opportunity Commission (EEOC). The Decree is not a result of any
5 finding by a Court or admission by Apothecary that Apothecary violated any laws.
6 Federal and state laws prohibit discrimination against employees on the basis of
7 race. It is also unlawful to retaliate against any person because the person protested
8 discriminatory practices or contacted the EEOC or the Arizona Civil Rights Division.
9 Apothecary will not discriminate against any employee on the basis of race, and
10 will not retaliate against any employee. Neither will Apothecary tolerate its employees,
11 vendors, contractors or other third parties discriminating against its employees on the
12 basis of sex.
13 If you believe you have been discriminated against at Apothecary, you are
14 required, pursuant to the company's policies prohibiting discrimination, to report the
15 discrimination to the Director of Human Resources or to your manager. You also have
16 the right to seek assistance from:
17 (1) EEOC, 3300 North Central Avenue, Suite 690, Phoenix,
18 Arizona 85012, (602) 640-5000; or
19 (2) Arizona Civil Rights Division, (ACRD) of the Attorney
20
22 No Retaliation Clause. No action may be taken against you by any supervisory or
23 management official of Apothecary for (1) opposing discriminatory practices made
24 unlawful by federal law, (2) filing a charge or assisting or participating in the filing of a
25 charge of discrimination, or (3) assisting or participating in an investigation or
26
-9-
QBACTIVE\6116233.2

1 proceeding brought under Title VII. Should any such retaliatory actions be taken against
2 you, you should immediately contact the Director of Human Resources of Apothecary
3 and/or the EEOC or ACRD at the address or telephone numbers listed above.
4 THIS NOTICE MUST REMAIN POSTED UNTIL _ _ _ _ _ _ __
5 6
Dated: 7 8 9 10 11 12 13 14 15 16 17 18 19
20
21 22 23 24 25 26

QBACTIVE\6116233.2

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u.s. District Court
DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:06-cv-02324-EHC

CLOSED, STD

Equal Employment Opportunity Commission v. Apothecary Shop Date Filed: 0912812006

of Scottsdale, Inc. et al

Date Terminated: 0411712008

Assigned to: Judge Earl H Carroll

Jury Demand: Plaintiff

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U. S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Mary Joleen O'Neill EEOC 3300 N Central Ave Ste 690 Phoenix, Az 85012-1848 602-640-5044 Fax: 602-640-5009 Email: mary.oneill@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

P David Lopez EEOC 3300 N Central Ave Ste 600 Phoenix, AZ 85012-1848 602-640-5016 Fax: 602-640-5009 Email: patrick.lopez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Clifford Shanley EEOC 3300 N Central Ave Suite 690 Phoenix, AZ 85012-1848 602-640-5007 Fax: 602-640-5009 Email: sally.shanley@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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v.
Intervenor Plaintiff Jacinta Hines
v.
Defendant Apothecary Shop of Scottsdale, Inc. doing business as Apothecary Shops of Arizona
Defendant Apothecary Shop of Gilbert, Inc.

represented by Patricia Ann Kirtley Kirtley Wells PC 3800 N Central Ave Ste 615 Phoenix, AZ 85012 602-264-7424 Fax: 866-743-4332 Email: tkkwlo@cybertrails.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric Bowen Johnson Quarles & Brady LLP 1 Renaissance Sq 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5425 Fax: 602-229-5690 Email: ejohnson@quarles.com
Sandra Jean Creta Quarles & Brady LLP 2 N Central Ave Phoenix, AZ 85004-2391 602-229-5334 Fax: 602-420-5081 Email: screta@quarles.com
represented by Eric Bowen Johnson (See above for address) ATTORNEY TO BE NOTICED
Sandra Jean Creta (See above for address) ATTORNEY TO BE NOTICED

Date Filed
0912812006

# Docket Text
-1 COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # .1
Civil Cover Sheet)(Lopez, P) (Entered: 0912812006)

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0912812006
0912812006 1010412006 12/0512006 12/0512006 1211112006 1211112006 0111012007 01/3112007 0212812007
0212812007 0411712007
0412412007

2 This case has been assigned to the Honorable Roslyn 0 Silver. All future pleadings or
-
documents should bear the correct case number: CV06-2324-PHX-ROS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (PEM) (Entered: 0912912006)
-3 Summons Issued as to Apothecary Shop of Scottsdale, Inc., Apothecary Shop of
Gilbert, Inc.. (Attachments: # 1 Gilbert)(PEM) (Entered: 0912912006)
-4 AMENDED COMPLAINT against all defendants; Jury Demand, filed by Equal Employment Opportunity Commission.(Lopez, P) (Entered: 1010412006)
-5 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Apothecary Shop of Scottsdale, Inc. served on 1112112006, answer due 1211112006. (Lopez, P) (Entered: 12/0512006)
-6 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Apothecary Shop of Gilbert, Inc. served on 1112112006, answer due 1211112006. (Lopez, P) (Entered: 12/0512006)
-7 Answer to Plaintiffs First Amended Complaint ANSWER to Amended Complaint by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc.. (Johnson, Eric) (Entered: 1211112006)
8 Corporate Disclosure Statement by Apothecary Shop of Scottsdale, Inc., Apothecary
-
Shop of Gilbert, Inc.. (Johnson, Eric) (Entered: 1211112006)
9 Notice re Law Firm Name Change by Apothecary Shop of Scottsdale, Inc., Apothecary
-
Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 0111012007)
-10 ORDER: Scheduling Conference set for 3/301200709:00 AM before Judge Roslyn 0 Silver. Signed by Judge Roslyn 0 Silver on 1/3112007. (LAD) (Entered: 01/3112007)
11 ORDER - A Scheduling Conference is set for 313012007 at 9:00 AM. IT IS ORDERED this hearing is VACATED AND RESET to 5/412007 at 2:45 P.M. in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn 0 Silver. The Proposed Case Management Plan and Proposed Rule 16 Scheduling Order are due 10 days prior to the hearing date. Signed by Judge Roslyn 0 Silver on 0212812007(ROS, ) (Entered: 0212812007)
12 NOTICE of Appearance by Sandra Jean Creta on behalf of Apothecary Shop of
-
Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 0212812007)
13 ORDER - A Rule 16 Scheduling Conference is set for 5/412007 at 2:45 P.M. IT IS ORDERED this hearing is VACATED AND RESET to 511012007 at 10:30 AM. in Courtroom 604,401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn
o Silver. The Case Management Plan and Proposed Scheduling Order are due ten days
prior to the hearing. Signed by Judge Roslyn 0 Silver on 0411712007. (ROS, ) (Entered:
0411712007)
-14 First MOTION to Continue Rule 16 Scheduling Conference by Apothecary Shop of
Scottsdale, Inc., Apothecary Shop of Gilbert, Inc.. (Attachments: # 1 Text of Proposed
Order)(Creta, Sandra) (Entered: 0412412007)

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05/0112007 05/0212007 05/0412007
0511112007
0511512007
0512412007
05/3112007 05/3112007 06/0712007 0611912007 0612612007 07/0312007 0710312007 0710612007

15 ORDER TO CONTINUE RULE 16 SCHEDULING CONFERENCE Scheduling
-
Conference set for 511112007 09:30 AM before Judge Roslyn 0 Silver. Signed by Judge
Roslyn 0 Silver on 511107. (MAP) (Entered: 05/0112007)

-16 REPORT re: Rule 26(f) Planning Meeting by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc.. (Creta, Sandra) (Entered: 05/0212007)

-17 LODGED Proposed Rule 16 Scheduling Order. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Equal Employment Opportunity Commission, Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc.. (Lopez, P) (Entered: 05/0412007)

18 ORDER - A Scheduling Conference is set for 511112007 at 9:30 AM. IT IS ORDERED this hearing is VACATED AND RESET to 511512007 at 9:30 AM. in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn 0 Silver. Signed by Judge Roslyn 0 Silver on 0511112007. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ROS, ) (Entered: 0511112007)

-19 Minute Entry. Proceedings held before Judge Roslyn 0 Silver: Scheduling Conference held on 511512007. Counsel to submit a joint proposed Rule 16 Scheduling Order in
accordance with the dates established at this hearing, by 5122/07. (Court Reporter Elaine
Cropper.)(KFZ) (Entered: 0511512007)

20
-

RULE 16 SCHEDULING ORDER: Discovery due by 11/912007, Dispositive motions

due by 1211412007, Proposed Pretrial Order due by 511612008, Interim Rule 16 Status

Hearing set for 111231200709:30 AM before Judge Roslyn 0 Silver. Signed by Judge

Roslyn 0 Silver on 512412007. (LAD) (Entered: 0512412007)

21 Notice re Service by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert,
-
Inc. ofDefendants' First Set ofRequests For Production OfDocuments and
Defendants' First Interrogatories to Plaintif./(Creta, Sandra) (Entered: 05/3112007)

22 Notice re Service by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert,
-
Inc. ofDefendants' Initial Disclosure Statement (Creta, Sandra) (Entered: 05/3112007)

-23 Notice re Service of Initial Disclosure by Equal Employment Opportunity Commission (Lopez, P) (Entered: 06/0712007)
24 MOTION to Intervene by Jacinta Hines. (Attachments: # 1 Exhibit Complaint)(Kirtley,
-
Patricia) (Entered: 0611912007)

25 Notice re Service of Defendants' First Supplemental Disclosure Statement by
-
Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra)
(Entered: 0612612007)

26 Notice re Service of Discovery Responses by Equal Employment Opportunity
-
Commission Response to Requestfor Production, Response to Interrogatories (Lopez,
P) (Entered: 07/0312007)

27 Notice re Service of Discovery Requests by Equal Employment Opportunity
-
Commission First Requestfor Production, First Set ofInterrogatories, First Request
for Admissions (Lopez, P) (Entered: 07/0312007)

28 Notice re Non-Objection to Jacinta Hines' Motion to Intervene by Apothecary Shop of
-
Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered:

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0810212007 08/0912007 0811012007 08/3012007
0911812007 0912612007 0912812007 1010112007 1010912007 1011512007 1011612007 1011912007 1011912007 1012212007 1012212007

07/0612007)
29 Notice re Service by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert,
-
Inc. (Creta, Sandra) (Entered: 08/0212007)
30 ORDER re 24 MOTION to Intervene. That parties have to 8113/07 to respond to
-
motion 24 and reply by proposed intervenor due 8117/07. Signed by Judge Roslyn 0 Silver on 8/8/07. (DMT, ) (Entered: 08/0912007)
31 ORDER granting 24 Motion. Signed by Judge Roslyn 0 Silver on 8110107.(DMT, )
-
(Entered: 0811 012007)
32 ORDER - A Status Conference is set for 1112312007 at 9:30 AM. IT IS ORDERED this hearing is VACATED and RESET to 11/3012007 at 11 :00 AM. in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn 0 Silver. Ajoint statement is due to be filed one week prior to the hearing. Signed by Judge Roslyn 0 Silver on 08/3012007. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ROS, ) (Entered: 08/3012007)
-33 Notice re of Discovery and Settlement Status by Jacinta Hines (Kirtley, Patricia) (Entered: 0911812007)
34 Notice re Service of Defendants' Second Supplemental Disclosure Statement by
-
Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 0912612007)
35 Notice re Service of Defendants' First Interrogatories and Requests for Production of
-
Documents to Intervener by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 0912812007)
36 Notice re Service of Discovery Responses by Apothecary Shop of Scottsdale, Inc.,
-
Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 1010112007)
-37 COMPLAINT. Filing fee received: $ 350.00, receipt number 1492717, filed by Jacinta Hines.(Kirtley, Patricia) (Entered: 1010912007)
38 Notice re of Service of Defendants' Third Supplemental Disclosure Statement by
-
Apothecary Shop of Scottsdale, Inc. (Creta, Sandra) (Entered: 1011512007)
-39 Notice re of Service of Jacinta Hines' Initial Disclosure Statement by Jacinta Hines (Kirtley, Patricia) (Entered: 1011612007)
40 Joint MOTION to AmendlCorrect Case Management Plan by Jacinta Hines.
-
(Attachments: # 1 Text of Proposed Order Rule 16 Scheduling Order)(Kirtley, Patricia)
(Entered: 1011912007)
41 Notice re Service of Defendants' Fourth Supplemental Disclosure Statement by
-
Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 1011912007)
42 ORDER granting 40 Motion to AmendlCorrect, extend disc ddl.. Signed by Judge
-
Roslyn 0 Silver on 10122/07.(DMT, ) (Entered: 1012212007)
43 AMENDED RULE 16 SCHEDULING ORDER: Discovery due by
-
2/912008.,Dispositive motions due by 311512008.,Proposed Pretrial Order due by 711612008 .. Signed by Judge Roslyn 0 Silver on 10122/07. (DMT, ) (Entered:

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1012212007 1012212007
1012912007 1112012007
1112012007
1112612007 12/0512007 1211012007 1211012007 1211812007 1212612007 1212612007 1212612007 1212612007

1012212007)
44 Notice re Service of Defendants' Fifth Supplemental Disclosure Statement by
-
Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 1012212007)
45 ORDER - A Status Conference is set for 11/3012007 at 11 :00 AM. IT IS ORDERED this hearing is VACATED AND RESET to 1112812007 at 11 :00 AM. in Courtroom 604,401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn 0 Silver. A Joint Status Report is due to be filed one week in advance of the hearing. Signed by Judge Roslyn 0 Silver on 1012212007. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ROS, ) (Entered: 1012212007)
-46 ANSWER to Complaint in Intervention by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc.. (Creta, Sandra) (Entered: 1012912007)
47 ORDER that this matter has been reassigned by random lot to the Honorable Earl H.
-
Carroll. All future pleadings and papers submitted for filing shall bear the following complete case number: CV06-2324-PHX-EHC. Judge Earl H Carroll added. Judge Roslyn 0 Silver no longer assigned to case.. Signed by Judge Roslyn 0 Silver on 11120107. (DMT, ) (Entered: 1112012007)
48 ORDER - A Status Conference is set for 1112812007 at 11 :00 AM. IT IS ORDERED this hearing is VACATED. Signed by Judge Roslyn 0 Silver on 1112012007. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ROS, ) (Entered: 1112012007)
49 NOTICE of Deposition of John Musil, filed by Equal Employment Opportunity
-
Commission. (Lopez, P) (Entered: 1112612007)
-50 NOTICE of Deposition ofErv Galecki, filed by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 12/0512007)
51 NOTICE of Deposition of Diana Clifton, filed by Equal Employment Opportunity
-
Commission. (Lopez, P) (Entered: 1211012007)
-52 NOTICE of Deposition of Jeff Eason, filed by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 1211012007)
53 Notice re Filing Certificate of Service by Jacinta Hines (Attachments: # 1 Exhibit
-
Certificate of Service of Subpoena and Deposition Notice on Jeff Eason, # ~ Exhibit Subpoena of Jeff Eason)(Kirtley, Patricia) (Entered: 1211812007)
-54 Notice re Service of Second Request For Admissions by Equal Employment Opportunity Commission (Lopez, P) (Entered: 1212612007)
55 Notice re Service of Second Set of Non-Uniform Interrogatories by Equal Employment
-
Opportunity Commission (Lopez, P) (Entered: 1212612007)
-56 Notice re Service of First Supplemental Response to Defendants' First Set of Interrogatories by Equal Employment Opportunity Commission (Lopez, P) (Entered: 1212612007)
-57 Notice re Service of Second Request for Production of Documents by Equal Employment Opportunity Commission (Lopez, P) (Entered: 1212612007)

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1212612007 0111112008 0111512008 0112312008 0112312008 0112412008 0112812008 0112912008
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58 Notice re Service of Supplemental Rule 26 (a)( 1) Disclosure Statement by Equal
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Employment Opportunity Commission (Lopez, P) (Entered: 1212612007)
-59 Notice re of Service by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. ofDefendants' Sixth Supplemental Disclosure Statement (Creta, Sandra) (Entered: 0111112008)
-60 Notice re Filing Plaintiffs Response to Defendant's First Interrogatories and Request for Production of Documents to Intervener Jacinta Hines by Jacinta Hines (Kirtley, Patricia) (Entered: 0111512008)
-61 Joint MOTION to Amend/Correct re Rule 16 Scheduling Order by Equal Employment Opportunity Commission, Apothecary Shop of Scottsdale, Inc., Apothecary Shop of
Gilbert, Inc., Jacinta Hines. (Attachments: # 1 Text of Proposed Order To Amend Rule
16 Scheduling Order)(Creta, Sandra) (Entered: 0112312008)
62 MOTION to Continue Deadline to Anwer the EEOC's Second Discovry Requests by
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Equal Employment Opportunity Commission, Apothecary Shop of Scottsdale, Inc.,
Apothecary Shop of Gilbert, Inc.. (Attachments: # 1 Text of Proposed Order to
Continue Deadline)(Creta, Sandra) (Entered: 0112312008)
63 Notice re of Service of Defendants' Seventh Supplemental Disclosure Statement by
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Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 0112412008)
64 ORDER granting 62 Motion to Continue. The deadline for Defendants to answer the
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EEOCs Second Discovery Requests is extended to January 30,2008 .. Signed by Judge Earl H Carroll on 1125/08.(DMT, ) (Entered: 0112812008)
65 ORDER granting 61 Motion to Amend/Correct Rule 16 Scheduling Order. That all
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discovery, including answers to written discovery and expert depositions, shall be completed by March 26, 2008. That all discovery shall be supplemented no later than April 16, 2008, including answers to written discovery and expert depositions. That Motions for Summary Judgment shall be filed by May 9, 2008.Deadlines for filing pretrial submissions and a Joint Proposed Pretrial Order, and the scheduling of a Final Pretrial Conference and Jury Trial, will be set by further Order of the Court.. Signed by Judge Earl H Carroll on 1129/08.(DMT, ) (Entered: 0112912008)
66 Notice re of Service of Responses to EEOC's Second Request for Admissions by
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Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc. (Creta, Sandra) (Entered: 01/3012008)
67 Notice re Filing Plaintiffs Second Supplemental Response to Defendant's First
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Interrogatories and Request for Production of Documents to Intervenor Jacinta Hines by Jacinta Hines (Kirtley, Patricia) (Entered: 0211812008)
68 Notice re of Service by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of
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Gilbert, Inc. (Creta, Sandra) (Entered: 0212612008)
-69 Joint MOTION to Approve Consent Judgment For Entry of Consent Decree by Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc.. (Creta, Sandra) (Entered: 0411412008)

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70 Additional Attachments to Main Document re 69 Joint MOTION to Approve Consent
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Judgment For Entry of Consent Decree CONSENT DECREE by Plaintiff Equal Employment Opportunity Commission, Defendants Apothecary Shop of Scottsdale, Inc., Apothecary Shop of Gilbert, Inc., Intervenor Plaintiff Jacinta Hines. (Creta, Sandra) (Entered: 0411412008)
-71 CONSENT DECREE. Dft, and its successors etc are enjoined from discrimination on basis of race. Dft shall pay a settlement amount of$70,000.00. See decree for full details.. Signed by Judge Earl H Carroll on 416/08. (DMT, ) (Entered: 0411712008)

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