Case 4:03-cv-00107-HEA Document 62 Filed 11/26/2003 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION, et al.,

)

)

Plaintiffs,

)

)

v.

)

Civil Action No. 4:03CV00107 HEA

)

MIDAMERICA HOTELS CORPORATION,

)

d/b/a/ BURGER KING, et al.

)

)

Defendants.

)

SECOND AMENDED COMPLAINT IN INTERVENTION

Plaintiffs/Intervenors Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk,

Natoshia Hanneken, Erin Bronskill, and Breanna Johnson, pursuant to Rule 24(a) of the Federal

Rules of Civil Procedure, bring this Second Amended Complaint in Intervention for legal and

equitable relief to redress the injustices done to them by Defendants Midamerica Hotels Corporation

and Northwest Development Company, doing business as Burger King, and Nathan P. Kraus.

COUNT I - TITLE VII

Jurisdiction and Venue

1. This action is brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.

§2000e et seq, as amended at 42 U.S.C. §1981a (1991) (“Title VII”). Jurisdiction of this

Court is invoked pursuant to 28 U.S.C. §1343(a)(4) and 28 U.S.C. §1331.

2. The unlawful employment practices complained of herein were committed within the

Eastern District of Missouri.

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Parties 3. Plaintiffs/Intervenors Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk,
Natoshia Hanneken, Erin Bronskill, and Breanna Johnson are all female citizens of the United States, who at all times relevant to this matter have resided in the Eastern District of Missouri. 4. Defendant Midamerica Hotels Corporation (jointly referred to with the other corporate defendant as “Burger King”), is a Missouri corporation in good standing and at all times relevant to this matter has continuously transacted business in the State of Missouri, including the operation or ownership of a Burger King restaurant in or near Peerless Park, Missouri. 5. Defendant Northwest Development Company (jointly referred to with the other corporate defendant as “Burger King”) is a Missouri corporation in good standing and at all times relevant to this matter has continuously transacted business in the State of Missouri, including the operation or ownership of a Burger King restaurant in or near Peerless Park, Missouri. 6. Defendants Midamerica Hotels Corporation and Northwest Development Company (hereinafter “Burger King”) at all times relevant to this matter have employed Plaintiffs/Intervenors Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, and Breanna Johnson at a Burger King restaurant in or near Peerless Park, Missouri. 7. At all times relevant to this matter, Burger King, as a single employer or as joint employers, has continuously employed at least fifteen employees for each working day in each of twenty
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or more calendar weeks in the current or preceding calendar year, has been engaged in an industry affecting commerce, and is an employer within the meaning of Title VII, 42 U.S.C. §2000e(b).
Administrative Procedures 8. Plaintiffs/Intervenors, other than Breanna Johnson, filed timely charges of sexual harassment
in violation of Title VII with the Equal Employment Opportunity Commission (“EEOC”) and the Missouri Commission on Human Rights (“MCHR”). 9. Plaintiff Equal Employment Opportunity Commission obtained leave to file its Second Amended Complaint with this Court, which added Breanna Johnson as another “newly discovered victim” similarly situated to Plaintiffs/Intervenors, and on whose behalf the EEOC sought recovery. 10. After finding probable cause and attempting conciliation on behalf of Plaintiffs/Intervenors other than Breanna Johnson, the EEOC properly initiated litigation based on those Plaintiffs/Intervenors’ charges of sexual harassment. Those Plaintiffs/Intervenors received a Notice of Right to Sue from the MCHR and initiated this litigation within ninety days of receipt thereof. After finding probable cause and attempting conciliation on behalf of Plaintiff/Intervenor Breanna Johnson, the EEOC properly added Johnson to its Title VII claim as a similarly situated employee on whose behalf this lawsuit is being pursued.
Factual Allegations 11. Burger King has engaged in unlawful employment practices in violation of Title VII, 42
U.S.C. §2000e-2(a) and the Missouri Human Rights Act, R.S.Mo. §213.055, by:
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a. Subjecting Plaintiff/Intervenor Brandy Alexander, an hourly employee of Burger King, to unlawful sexual harassment during her employment in violation of Title VII, 42 U.S.C. §2000e-2(a). The unlawful conduct, consisting of the sexual harassment of Alexander by her manager, Defendant Nathan Kraus, included physical contact, and was unwelcome, sexual in nature and directed at Alexander because of her sex. Such sexual harassment included Defendant Kraus’s making unwelcome sexual demands upon Alexander as a condition of continued employment. The unlawful conduct was sufficiently severe and pervasive to create a hostile working environment for Alexander which altered the terms, conditions and privileges of her employment, and Burger King failed to take prompt or effective remedial action in response to such unlawful conduct.
b. Subjecting Plaintiff/Intervenor Mary Beth Souders, an hourly employee of Burger King, to unlawful sexual harassment during her employment in violation of Title VII, 42 U.S.C. §2000e-2(a). The unlawful conduct, consisting of the sexual harassment of Souders by her manager, Defendant Nathan Kraus, included physical contact, and was unwelcome, sexual in nature and directed at Souders because of her sex. The unlawful conduct was sufficiently severe and pervasive to create a hostile working environment for Souders which altered the terms, conditions and privileges of her employment, and Burger King failed to take prompt or effective remedial action in response to such unlawful conduct.
c. Subjecting Plaintiff/Intervenor Rachel Nunley, an hourly employee of Burger King, to unlawful sexual harassment during her employment in violation of Title VII, 42
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U.S.C. §2000e-2(a). The unlawful conduct, consisting of the sexual harassment of Nunley by her manager, Defendant Nathan Kraus, included physical contact, and was unwelcome, sexual in nature and directed at Nunley because of her sex. The unlawful conduct was sufficiently severe and pervasive to create a hostile working environment for Nunley which altered the terms, conditions and privileges of her employment, and Burger King failed to take prompt or effective remedial action in response to such unlawful conduct. d. Subjecting Plaintiff/Intervenor Erin Kirk, an hourly employee of Burger King, to unlawful sexual harassment during her employment in violation of Title VII, 42 U.S.C. §2000e-2(a). The unlawful conduct, consisting of the sexual harassment of Kirk by her manager, Defendant Nathan Kraus, included physical contact, and was unwelcome, sexual in nature and directed at Kirk because of her sex. The unlawful conduct was sufficiently severe and pervasive to create a hostile working environment for Kirk which altered the terms, conditions and privileges of her employment, and Burger King failed to take prompt or effective remedial action in response to such unlawful conduct. e. Subjecting Plaintiff/Intervenor Natoshia Hanneken, an hourly employee of Burger King, to unlawful sexual harassment during her employment in violation of Title VII, 42 U.S.C. §2000e-2(a). The unlawful conduct, consisting of the sexual harassment of Hanneken by her manager, Defendant Nathan Kraus, included physical contact, and was unwelcome, sexual in nature and directed at Hanneken because of her sex. The unlawful conduct was sufficiently severe and pervasive to create a hostile
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working environment for Hanneken which altered the terms, conditions and privileges of her employment, and Burger King failed to take prompt or effective remedial action in response to such unlawful conduct. f. Subjecting Plaintiff/Intervenor Erin Bronskill, an hourly employee of Burger King, to unlawful sexual harassment during her employment in violation of Title VII, 42 U.S.C. §2000e-2(a). The unlawful conduct, consisting of the sexual harassment of Bronskill by her manager, Defendant Nathan Kraus, included physical contact, and was unwelcome, sexual in nature and directed at Bronskill because of her sex. The unlawful conduct was sufficiently severe and pervasive to create a hostile working environment for Bronskill which altered the terms, conditions and privileges of her employment, and Burger King failed to take prompt or effective remedial action in response to such unlawful conduct. g. Subjecting Plaintiff/Intervenor Breanna Johnson, an hourly employee of Burger King, to unlawful sexual harassment during her employment in violation of Title VII, 42 U.S.C. §2000e-2(a). The unlawful conduct, consisting of the sexual harassment of Bronskill by her manager, Defendant Nathan Kraus, included physical contact, and was unwelcome, sexual in nature and directed at Johnson because of her sex. The unlawful conduct was sufficiently severe and pervasive to create a hostile working environment for Johnson which altered the terms, conditions and privileges of her employment, and Burger King failed to take prompt or effective remedial action in response to such unlawful conduct.
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12. The unlawful employment practices of Burger King complained of herein were intentional, unreasonably interfered with the terms, conditions and privileges of all Plaintiffs/Intervenors’ employment on account of their sex and further created an intimidating, hostile or offensive work environment in violation of Title VII of the Civil Rights Act of 1964.
13. The unlawful employment practices of Burger King complained of herein were undertaken with malice or reckless indifference to the federally protected rights of Plaintiffs/Intervenors Alexander, Souders, Nunley, Kirk, Hanneken, Bronskill, and Johnson.
14. As a consequence of the acts and omissions of Burger King, all Plaintiffs/Intervenors have lost wages and other financial incidents of employment.
15. As a consequence of the acts and omissions of Burger King, Plaintiffs/Intervenors Alexander, Nunley, Kirk, Hanneken, Bronskill, and Johnson have suffered emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses.
16. As a consequence of the acts and omissions of Burger King, all Plaintiffs/Intervenors have incurred and will continue to incur attorneys’ fees, costs and expenses. WHEREFORE, Plaintiffs/Intervenors Brandy Alexander, Mary Beth Souders, Rachel
Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, and Breanna Johnson pray that this Court enter judgment in their favor and against Burger King for lost wages and other benefits of employment, punitive damages, pre-judgment interest, appropriate injunctive relief including reinstatement, attorneys’ fees and costs, and for such additional relief as may be just and proper in the circumstances. Additionally, Plaintiffs/Intervenors Brandy Alexander, Rachel Nunley, Erin
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Kirk, Natoshia Hanneken, Erin Bronskill, and Breanna Johnson pray that this Court enter judgment in their favor and against Burger King for compensatory damages under 42 U.S.C. §1981a (b)(3).
COUNT II - MISSOURI HUMAN RIGHTS ACT Jurisdiction, Venue and Parties
17. This action is brought pursuant to the Missouri Human Rights Act, R.S.Mo. §213.010 et seq, as amended (1986) (“MHRA”).
18. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §1367. This Court has supplemental jurisdiction over this claim because it forms part of the same controversy as the claims pleaded in Count I, supra.
19. The unlawful employment practices complained of herein were committed within St. Louis County, in the State of Missouri.
20. Defendants Midamerica Hotels Corporation and Northwest Development Company (collectively referred to herein as “Burger King”) are Missouri corporations in good standing and at all times relevant to this matter have continuously transacted business in the State of Missouri.
21. At all times relevant to this matter, Burger King has continuously employed at least six employees, has been engaged in an industry affecting commerce and is an employer within the meaning of §213.010(7) of the Missouri Human Rights Act. Factual Allegations
22. Plaintiffs/Intervenors Alexander, Souders, Nunley, Kirk, Hanneken, and Bronskill re-allege and incorporate by reference as if fully set forth herein Paragraphs 3, 8, 10 and 11(a) through (f) of Count I.
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23. The unlawful employment practices of Burger King complained of in herein were intentional, and unreasonably interfered with the terms, conditions and privileges of employment of Plaintiffs/Intervenors Alexander, souders, Nunley, Kirk, Hanneken, and Bronskill on account of their sex, and further created an intimidating, hostile or offensive work environment in violation of the Missouri Human Rights Act.
24. The conduct of Burger King described herein was outrageous because of evil motive or reckless indifference to the statutorily protected rights of Plaintiffs/Intervenors Alexander, Souders, Nunley, Kirk, Hanneken and Bronskill.
25. As a consequence of the acts and omissions of Burger King, Plaintiffs/Intervenors Alexander, Souders, Nunley, Kirk, Hanneken and Bronskill have lost wages and other financial incidents of employment.
26. As a consequence of the acts and omissions of Burger King, Plaintiffs/Intervenors Alexander, Nunley, Kirk, Hanneken and Bronskill have suffered emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses.
27. As a consequence of the acts and omissions of Burger King, Plaintiffs/Intervenors Alexander, Souders, Nunley, Kirk, Hanneken and Bronskill have incurred and will continue to incur attorneys’ fees, costs and expenses. WHEREFORE, Plaintiffs/Intervenors Brandy Alexander, Mary Beth Souders, Rachel
Nunley, Erin Kirk, Natoshia Hanneken and Erin Bronskill pray that this Court enter judgment in their favor and against Burger King for lost wages and other benefits of employment, punitive damages, pre-judgment interest, appropriate injunctive relief including reinstatement, attorneys’ fees and costs, and for such additional relief as may be just and proper in the circumstances.
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Additionally, Plaintiffs/Intervenors Brandy Alexander, Rachel Nunley, Erin Kirk, Natoshia Hanneken and Erin Bronskill pray that this Court enter judgment in their favor and against Burger King for compensatory damages, including emotional distress.
COUNT III - BATTERY 28. Plaintiffs/Intervenors re-allege and incorporate by reference as if fully set forth herein
Paragraph 11(a) through (g) of Count I and Paragraph 16 of Count II. 29. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §1367. This Court has
supplemental jurisdiction over this claim because it forms part of the same controversy as the claims pleaded in Counts I and II, supra. 30. Defendant, Nathan P. Kraus (“Kraus”), is a male citizen of the United States who, at all times relevant to this matter, has resided in the Eastern District of Missouri. 31. At all times relevant to this matter, Defendant Kraus was employed as a Store Manager by Burger King and had authority to supervise the terms, work conditions and schedules of Plaintiffs/Intervenors on behalf of Burger King. 32. In the capacity of Store Manager, Defendant Kraus intentionally and offensively touched Plaintiffs/Intervenors Alexander, Souders, Nunley, Kirk, Hanneken, Bronskill, and Johnson. 33. As a consequence of the offensive touching committed by Defendant Kraus, Plaintiffs/Intervenors Alexander, Nunley, Kirk, Hanneken, Bronskill and Johnson suffered physical harm as well as emotional pain, suffering, mental anguish and other non-pecuniary losses.
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34. The offensive touching committed by Defendant Kraus upon Plaintiffs/Intervenors

Alexander, Souders, Nunley, Kirk, Hanneken, Bronskill and Johnson was intentional or

undertaken with malice.

WHEREFORE, Plaintiffs/Intervenors Brandy Alexander, Rachel Nunley, Erin Kirk,

Natoshia Hanneken, Erin Bronskill and Breanna Johnson pray that this Court enter judgment in their

favor and against Defendant Nathan Kraus for compensatory damages. Additionally,

Plaintiffs/Intervenors Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia

Hanneken, Erin Bronskill, and Breanna Johnson pray that this Court enter judgment in their favor

and against Defendant Nathan Kraus for punitive damages, and for such additional relief as may be

just and proper in the circumstances.

JURY TRIAL DEMAND

Plaintiffs/Intervenors Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk,

Natoshia Hanneken, Erin Bronskill, and Breanna Johnson request a jury trial on all claims raised by

this First Amended Complaint.

WILLIAM E. MOENCH & ASSOCIATES Attorneys for Plaintiffs/Intervenors

DAVIS & APPELBAUM Attorneys for Plaintiffs/Intervenors

/s/ William E. Moench William E. Moench, #5125 Patavee Vanadilok, #119739 2711 Clifton Avenue St. Louis, Missouri 63139 Ph. (314) 647-1800 Fax (314) 647-1911

John S. Appelbaum, #56984 4139 Jeffco Boulevard Arnold, Missouri 63010-4215 Ph. (636) 464-8330 Fax (636) 467-1617

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Case 4:03-cv-00107-HEA Document 62 Filed 11/26/2003 Page 12 of 12 CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing was filed electronically with th eClerk of the Court for Federal District Court, Eastern District of Missouri, this thirteenth day of November, 2003, to be served by operation of the Court’s electronic filing system on the following: Susan Nell Rowe snr@stolarlaw.com, lee@stolarlaw.com Anne E. Gusewelle anne.gusewelle@eeoc.gov, donna.harper@eeoc.gov Robert G. Johnson bob.johnson@eeoc.gov, Rebecca S. Stith rebecca.stith@eeoc.gov, patricia.bowens@eeoc.gov
/s/ William E. Moench
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 Case 4:03-cv-00107-HEA Document 76 Filed 03/08/2004 Page 1 of 12
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

)

Plaintiff,

)

)

and

)

)

BRANDY ALEXANDER, MARY

)

BETH SOUDERS, RACHEL NUNLEY, )

ERIN KIRK, NATOSHIA

)

HANNEKEN, and ERIN BRONSKILL, )

)

Plaintiffs/Intervenors,

)

)

vs.

)

)

MIDAMERICA HOTELS CORP.

)

and NORTHWEST DEVELOPMENT )

COMPANY d/b/a BURGER KING )

and NATHAN P. KRAUS, Individually )

)

Defendants.

)

Case No. 4:03CV107 HEA

MEMORANDUM AND ORDER This matter is before the Court on plaintiff EEOC and plaintiff/intervenors’ (collectively referred to as plaintiffs), Joint Motion for Partial Summary Judgment, [# 63]. Defendants Midamerica Hotels Corporation (Midamerica) and Northwest

Case 4:03-cv-00107-HEA Document 76 Filed 03/08/2004 Page 2 of 12
Development Company (collectively referred to in this Order as defendants),1 oppose this motion. For the reasons set forth below, the motion is granted.
Facts and Background The individual plaintiffs allege that they were sexually harassed and otherwise discriminated against because of their sex while working at the Burger King Restaurant located in Peerless Park, Missouri. This Burger King is owned by Northwest Development Company. Midamerica Hotels Corporation owns the property on which the Burger King is located. Midamerica’s corporate office and principal place of business is 105 South Mount Auburn Road. Northwest has no corporate office and lists its principal place of business as 105 Mount Auburn Road on the report that it files with the Missouri Secretary of State. James L. Drury is the registered agent for both Midamerica and Northwest. Midamerica was incorporated in 1968. It is a corporation organized and existing under the laws of Missouri. Northwest was incorporated in 1982. It is a corporation organized and existing under the laws of Missouri. These corporations have separate Articles of Incorporation and separate corporate by-laws.
1 Although defendant Kraus has been served, he has not filed an answer. While certain documents are filed on behalf of “defendants,” perhaps in error, (see document 41 entitled “Defendant’s [sic] Suggestions in Opposition to Plaintiff EEOC’s Motion to File Second Amended Complaint), it appears that only defendants Midamerica and Northwest Development have filed responsive pleadings in this matter.
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James L. Drury and his family own Midamerica as follows: James and Wanda Drury own roughly 33-34% of the stock. Each of their four children own roughly 5% of the stock. Each of their eleven grandchildren own .6% of the stock. James L. Drury and his family own Northwest as follows: James Drury owns 50% of the stock and Wanda Drury owns 50% of the stock.
The members of the board of directors of Midamerica are: James Drury, Wanda Drury, Daniel Drury, John Drury, Kenneth Drury, Diane Edwards, and Harold Hale. The members of the board of directors of Northwest are: James Drury, Wanda Drury, Daniel Drury, and John Drury.
Midamerica owns and operates a real estate development business, three hotels and twenty-four Burger King restaurants, not including the Peerless Park Burger King. Northwest owns and operates seven Burger King restaurant operations, including the Peerless Park Burger King. Northwest’s field operations consist of the seven Burger King restaurant operations it owns.
Northwest’s district managers and all employees below the managers operate the day to day operations of the restaurants. Midamerica is not involved in the day to day operations.
Under an oral management agreement, Midamerica provides higher level management and some administrative and accounting services to Northwest.
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Northwest pays a fee calculated at 5% of each month’s gross sales. This fee is reflected on the financial statement of Midamerica.
Midamerica provides certain human resources and personnel services, including the development, handling and storage of Northwest personnel files and other employee records, providing guidance and training on the implementation of the sexual harassment policy, as well as other employment policies, and the development of general policies regarding the hiring, firing, evaluation, and pay rate of Northwest employees as part of the administrative services provided under the management agreement. Midamerica is not involved in the development of individual store policies.
As part of the administrative services provided under the management agreement, Midamerica provides the services of Jerry Barker, Midamerica’s Loss Prevention Manager, who provides advice and consultation on employee policies and who also conducts investigations of employee complaints, including sexual harassment complaints. Barker reviews and approves the discharge of Northwest employees. This service is provided as part of the human resource services provided and Barker’s review is directed to determining whether the discharge was appropriate in light of various employment laws.
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Midamerica also provides certain accounting and book-keeping functions, including the handling of Northwest’s bank account, the preparation of its payroll and the administration of fringe benefits.
Midamerica and Northwest have different workforces, but some cross-over of their workforces occurs. Midamerica’s workforce consists of employees who work in its hotels, its Burger Kings and its real estate development business. In addition, Midamerica’s workforce consists of employees who provide administrative and support services. Northwest’s workforce consists of District Managers, Restaurant Managers, Assistant Managers, Production Leaders, and Crewpersons who work in its seven Burger King restaurants. JoAnne Crane and Julie Jones, both Northwest District Managers, are supervised by Bud Herron, Midamerica Regional Burger King Manager.
The members of management at Midamerica are: James Drury (chairman of the board), Daniel Drury (president), John Drury (vice president and secretary), Joel Neikirk (director of operations), Harold Hale (controller, treasurer and vice president of finance), Bob Hahn (vice president of development), Jerry Barker (director of human resources), and Carl Archer (director of IT).
James Drury, Daniel Drury, John Drury, and Harold Hale are officers of Northwest and, pursuant to an oral management agreement between Midamerica and Northwest, they manage Northwest’s operations. Northwest employees make
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lower level management decisions involving the day to day operations. Joel Neikirk of Midamerica reviews all pay raises, and Jerry Barker of Midamerica reviews and approves all terminations. Neikirk, as Director of Operations for Midamerica spends about 20% of his time going to Drury Properties, including the Burger King. During this time, he talks with restaurant managers about how business and staffing are going, reviews schedules, looks at quality control reports to ensure food safety, reviews cash control procedures, and talks to crew members.
The franchise agreement for the Peerless Park Burger King is between Burger King and Northwest. Northwest pays the franchise fee for the operation of the restaurant.
Under the management agreement, Midamerica provides the services of two regional managers, whose responsibilities are divided along geographic lines, to Northwest. Julie Jones, Northwest District Manager, provided the services of a district manager to three stores operated by Drury Restaurants, Inc., a wholly owned subsidiary of Midamerica. Northwest was reimbursed by Drury Restaurants, Inc. for Jones’ services.
On occasion, Northwest employees may work temporarily in restaurants owned by Midamerica. On those occasions, Northwest receives compensation for the employee’s services within thirty days of the date that the services are performed. On occasion, Midamerica employees may work on a temporary basis, in
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a restaurant owned by Northwest. Midamerica receives compensation for the employee’s services within thirty days of the date the services were performed.
Payment of salaries, fringe benefits, workers’ compensation, unemployment insurance, and liability insurance for Northwest employees comes from Northwest bank accounts.
Northwest owns the equipment and inventory at the Northwest restaurants. Payments for equipment and inventory comes from Northwest bank accounts.
Northwest rents the real estate and building in which the Burger King operates from Midamerica. The amount of rent is 8 ½ % of its gross revenues.
On occasion, Northwest has obtained short-term loans from Midamerica, at the prevailing market rate. Northwest has separate payroll, profit and loss statement, maintenance records, deposit slips, and sales reports for each of its restaurants.
Northwest and Midamerica have separate bank accounts. Both have separate balance sheets, income and expense statements and tax returns. Midamerica and Northwest have separate payrolls and separate personnel records. The accounting records of Northwest are kept separate from the accounting records of Midamerica.
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Midamerica does not determine the amount of retained earnings of
Northwest, nor does Harold Hale. Hale does not determine the amount of, or
whether, Northwest will make a distribution to its shareholders.
The following are also pursuant to the management agreement:
Joel Neikirk and Jerry Barker oversee personnel for Northwest. The day to day employment decisions of hiring, firing and employee pay rates of Northwest are preformed by Northwest employees, which must conform to the policy guidelines established by Midamerica. Neikirk reviews all pay raises and Barker reviews and approves all terminations.
Barker maintains the personnel records for both Midamerica and Northwest. The personnel records for both Midamerica and Northwest are stored at the Midamerica offices.
Harold Hale handles the accounting and record keeping responsibilities for Midamerica and Northwest. He is in charge of the bank accounts for both companies. The bank records for both companies are maintained at the Midamerica offices. Hale signs the salary and benefit checks for both Midamerica and Northwest employees. He also prepares the tax return for Northwest and sets up the data for Midamerica’s tax return.
Midamerica establishes the employment policies applicable to the Burger King and it establishes the policies for hiring and firing employees. Northwest employees make the day to day decisions concerning hiring and firing and employee pay rates within the policy guidelines. Midamerica establishes the policies for evaluating and disciplining employees. Northwest employees evaluate and discipline crew persons and lower level employees pursuant to the policies set by Northwest.
Midamerica establishes the pay scales and general policies regarding raises for managers and crew persons at the Burger King. Midamerica establishes the benefit policies at the Burger King.
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Northwest employees determine the pay rates and raises of particular Northwest employees within the scales set by Midamerica. These decisions are subject to review by Neikirk.
Jerry Barker, Director of Human Resources for both Midamerica and Northwest and a Midamerica employee, investigated the claims of sexual harassment and sex discrimination. The employment application filled out by the individual plaintiffs have “Midamerica Hotels Corporation” printed at the top. The New Employee Data Information sheets for the individual plaintiffs have “Midamerica Hotels Corporation” printed on the top. The employee roster for the Burger King listing the individual plaintiffs has “Midamerica Hotels Corporation” printed on the top. The employee handbook for the Burger King contains the following statement: “Congratulations and welcome to Midamerica Hotels Corporation. . .” It further states: “Your handbook has been designed to provide basic information about some of the more important aspects of your employment with Midamerica.” Counsel for Midamerica responded to the charges filed by the individual plaintiffs. The responses do not mention Northwest. These responses do not state that the individual plaintiffs were Midamerica employees. Midamerica’s Position Statement in response to the charges admits, however that the complaining employees were “employed in Midamerica’s Peerless Park Restaurant.” Midamerica employees provided information used to complete the interrogatory
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answers of Northwest; the answers were signed by Daniel Drury in his capacity as Vice President of Northwest.
Discussion Plaintiffs move for summary judgment on the issue of whether Midamerica Hotels Corporation and Northwest constitute a “single employer” of the individual plaintiffs. Separate entities may constitute a “single employer” for purposes of Title VII if there is a “substantial identity” between the entities. In determining whether separate entities constitute a single employer, courts consider the following factors: (1) interrelation of operations; (2) common management; (3) centralized control of labor relations; and (4) common ownership or financial control. 5YArtis v. Francis Howell N. Band Booster Ass’n. Inc. 161 F.3d 1178, 1184 (8th Cir. 1998); baker v. Stuart Broadcasting Co., 560 F.2d 389, 392 (8th Cir. 1977). Considering the undisputed facts before the Court, the Court necessarily concludes that Midamerica and Northwest can be considered a “single employer” for this matter. Although Northwest and Midamerica are separate entities, Midamerica owns the real estate upon which Northwest operates the Burger King. Northwest’s corporate offices are located at the same location as Midamerica. All of Northwest’s financial and employment records are stored at that office. All the members of the Board of Directors of Northwest are members of the Board of Directors of Midamerica. The members of management of Northwest are all
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management officials at Midamerica. The director of human resources at Midamerica and its director of operations oversee the personnel at Northwest. The responsibility for the Northwest bank accounts and for accounting and record keeping for Northwest is performed by Harold Hale, an employee of Midamerica.
The labor relations at Northwest are controlled by Midamerica. Barker and Neikirk oversee personnel for Northwest. Midamerica establishes the employment policies for the Burger King. The hiring, firing, evaluating and disciplining policies are set by Midamerica. Further, the pay scales and policies regarding raises for managers and crew members are set by Midamerica as is the policies for benefits. Further, the employees of Northwest are given employment related documents and information which denotes Midamerica as the company.
Jerry Barker and his assistant investigated the internal complaints of sexual harassment. Midamerica responded to the charges filed with the EEOC.
The same family that owns Midamerica owns Northwest. This clearly and unambiguously satisfies the “commonality of ownership” factor of the analysis.
Furthermore, all of the financial records and bank accounts are maintained by Hale, an employee of Midamerica. He repairs the tax return and signs the salary and benefit checks for the Northwest employees.
While it is recognized and undisputed that Northwest employees may make the day to day decisions regarding the running of the Burger King, it is clear that
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these decisions can and are reviewed by employees of Midamerica. The major issues of policy determinations are only made by Midamerica employees and Northwest is required to follow those policy decisions.
Conclusion Based on the factors which must be assessed for the “single employer” determination, the undisputed facts establish that, as a matter of law, Northwest and Midamerica are a single employer of the individual plaintiffs. Accordingly, IT IS HEREBY ORDERED that plaintiffs’ Motion for Summary Judgment, [# 63], is granted. Dated this 8th day of March, 2004
__________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE
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 Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 1 of 19

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
BRANDY ALEXANDER, MARY BETH SOUDERS, RACHEL NUNLEY, ERIN KIRK, NATOSHIA HANNEKEN, ERIN BRONSKILL, and BREANNA JOHNSON,
Plaintiffs/Intervenors, vs.
MIDAMERICA HOTELS CORPORATION, NORTHWEST DEVELOPMENT COMPANY d/b/a BURGER KING, and NATHAN KRAUS,
Defendants.

) ) ) ) ) ) ) ) ) ) ) Civil Action 4:03CV00107 HEA ) ) ) ) ) ) ) ) ) ) ) )

CONSENT DECREE

Plaintiff Equal Employment Opportunity Commission (“EEOC”) instituted this

action against Defendant Midamerica Hotels Corporation (“Midamerica”) alleging that

six female employees, Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia

Hanneken, Erin Bronskill, and Brandy Alexander, were subjected to sexual harassment

by their manager, Nathan Kraus, at a Burger King-franchised restaurant located in

Peerless Park, Missouri (the “Peerless Park Restaurant” in violation of Title VII of the

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

Pursuant to the franchise agreement, Northwest Development Company (“Northwest”)

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 2 of 19
owns and operates the Peerless Park restaurant. Each of these female employees (“Plaintiffs-Intervenors”) was permitted by the Court to intervene, through private counsel, in the EEOC’s suit to assert claims against Midamerica under Title VII and the Missouri Human Rights Act (“MHRA”), and to assert certain state claims against individual Defendant Nathan Kraus (“Kraus”). The Court permitted the EEOC and the Plaintiffs-Intervenors to file first amended complaints adding Northwest and later permitted the EEOC to file a second amended complaint seeking relief for Breanna Johnson, a seventh alleged victim of sexual harassment by Nathan Kraus at the Peerless Park Restaurant. (Hereinafter, Midamerica and NWD are referred to as “Defendants”) Johnson also was permitted to intervene in the EEOC’s lawsuit. The Court has ruled that Midamerica and Northwest as a matter of law constitute a single employer of the individual Plaintiff-Intervenors.
For purposes of settlement and compromise only, and with no admission of liability by Midamerica or Northwest, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation;
The parties acknowledge that the settlement of this lawsuit and entry of this Consent Decree, with Defendants’ consent, is not and shall not be construed as an admission that Defendants have violated Title VII, the MHRA, or any state or federal law, nor shall it be construed as or deemed an admission by Defendants that they have any liability whatsoever to Plaintiff-Intervenors or the Plaintiff EEOC, such liability being hereby expressly denied.
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Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 3 of 19
THEREFORE, it is the finding of this Court, made on the pleadings, the record as a whole, and upon agreement of the parties, without an admission or finding of liability on the part of Northwest or Midamerica, that (i) this Court has jurisdiction over the parties to and the subject matter of this action; (ii) the requirements of Title VII, the MHRA, and any and all other relevant federal and state laws (“relevant laws”), will be carried out by the implementation of this Decree; (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among all the parties; and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Consent Decree is being entered with the consent of the parties for purposes of settlement and shall not constitute an adjudication on the merits of this lawsuit or be construed as an admission by Midamerica or Northwest of any violation of the relevant laws, or any other executive order, law, rule or regulation dealing with sex discrimination or sexual harassment in employment.
2. Midamerica and Northwest shall not discriminate against any employee by subjecting such employee to sex discrimination or sexual harassment at any restaurant owned and/or operated by Midamerica and/or Northwest.
3. Midamerica and Northwest shall not discriminate against any employee because such employee has opposed any practices alleged in this lawsuit to be unlawful under the relevant laws, has participated in an investigation related to this lawsuit, has participated in this lawsuit, and/or has benefited in any way as a result of this Consent Decree.
3

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 4 of 19
II. Relief for Plaintiff-Intervenors 1. Defendants have entered into a voluntary settlement agreement (the Settlement Agreement) with respect to certain sums to be paid to Plaintiff-Intervenors Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, Brandy Alexander, and Breanna Johnson and their attorneys. The financial terms of the the Settlement Agreement are shown in Exhibit C. The parties acknowledge that these sums have been paid to Plaintiff-Intervenors and their attorneys, and that no further sums are due and owing the Plaintiff-Intervenors, and/or their attorneys under the Settlement Agreement. 2. With the exception of the relief provided for in this Consent Decree, the Plaintiff EEOC hereby dismisses, with prejudice, any and all claims against Defendants for attorneys fees, expenses, costs, back pay, front pay, compensatory damages, punitive damages, and any other relief, sought by Plaintiff EEOC on behalf of PlaintiffIntervenors or on behalf of Plaintiff EEOC. 3. Within thirty (30) days of the Court’s entry of the Consent Decree, Midamerica and Northwest shall direct the Director of Human Resources to prepare and sign letters of reference in the form shown in Exhibits A-1 through A-7 on appropriate company letterhead, and to make copies of such signed letters part of the respective permanent employment records of Plaintiff-Intervenors Mary Beth Souders, Rachel
Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, Brandy Alexander, and Breanna Johnson.
4. In the case of any inquiries by prospective employers regarding Mary 4

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 5 of 19
Beth Souders, Rachel Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, Brandy Alexander, and/or Breanna Johnson, Midamerica and Northwest shall limit their response(s) to the information contained in the respective aforementioned letter(s) as applicable, and copies of such letters shall be made available to any such prospective employers upon request.
5. Within thirty (30) days of the Court’s entry of the Consent Decree, Midamerica and Northwest shall mail copies of the signed letters described in paragraph II.3, above, to William E. Moench & Associates, Clifton Pointe Building, 2711 Clifton, St. Louis, MO 63139, and to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103.
III. Injunctive Relief 1. Midamerica and Northwest shall not re-hire Defendant Nathan Kraus. 2. Within thirty (30) days of the Court’s entry of the Consent Decree, Midamerica and Northwest shall distribute the sexual harassment policy, the complaint procedure, and information about the hotline to all employees. This notice will be in the form of a letter, on company letterhead, from the Chief Executive Officer and the Chief Operating Officer, with the policy and procedure attached to or incorporated in such letter. Midamerica and Northwest will obtain a sign-off sheet from each employee stating that the employee has received these materials. Simultaneously with the distribution of such letter, Midamerica and Northwest shall mail a copy of such letter to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103.
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Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 6 of 19
3. Within thirty (30) days of their date of hire, Midamerica and Northwest shall distribute the sexual harassment policy, the complaint procedure, and information about the hotline to each newly-hired employee. This notice will be in the form of a letter, on company letterhead, from the Chief Executive Officer and the Chief Operating Officer, with the policy and procedure attached to or incorporated in such letter. Midamerica and Northwest will obtain a sign-off sheet from each employee stating that the employee has received these materials.
4. Within thirty (30) days of the Court’s entry of the Consent Decree, Midamerica and Northwest shall develop and post a new poster in all of their restaurants on the employee bulletin board or similar location, which shall provide information about the sexual harassment policy and the complaint procedure. Such poster shall include a more conspicuous notice and explanation of the hotline. Simultaneously with the posting of such poster, Midamerica and Northwest shall mail a copy of such poster to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103.
5. Within thirty (30) days of the Court’s entry of the Consent Decree, Midamerica and Northwest shall place the hotline number and an explanation of the sexual harassment policy on all employee paychecks for distribution to employees. Simultaneously with the first distribution of such paycheck to employees Midamerica and Northwest shall mail a copy of a prototype paycheck to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103.
6. Within sixty (60) days of the Court’s entry of the Consent Decree, 6

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 7 of 19
Midamerica and Northwest shall cause Jerry Barker, JoAnn Crane, and Kim Dorrough to attend eight (8) hours of sexual harassment training.
7. Within ninety (90) days of the entry of the Consent Decree, Midamerica and Northwest shall cause all Regional Managers, District Managers, General Managers, and Assistant Managers to attend two (2) hours of sexual harassment training.
8. Within sixty (60) days of their date of hire or promotion to a management position, Midamerica and Northwest shall cause all newly hired Regional Managers, District Managers, General Managers, and Assistant Managers to attend two (2) hours of sexual harassment training.
9. Midamerica and Northwest shall keep records of any and all internal complaints, including hotline reports, of possible sexual harassment received during the term of the Consent Decree, and shall retain such records for a period of three years from the date of receipt of each such complaint.
IV. Posting of Required Notices 1. Within thirty (30) days of the Court’s entry of the Consent Decree, Midamerica and Northwest shall post the notice required by 29 CFR 1601.30 and the
notice attached to the Consent Decree as Exhibit B in all of their restaurants on the employee bulletin board or other similar location.
V. Reporting and Monitoring 1. Within six (6) months of the entry of the Consent Decree, Midamerica and Northwest shall provide written notice to the EEOC of compliance with the requirements set forth in Sections II, III, and IV of the Consent Decree to Rebecca S. Stith, Senior
7

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 8 of 19
Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103. Such notice shall include copies of any and all documents referenced or described in Sections II, III, and IV not already provided to the EEOC.
2. During the term of the Consent Decree, Midamerica and Northwest shall provide written notice to Rebecca S. Stith, Senior Trial Attorney, Equal Employment Opportunity Commission, St. Louis District Office, Room 8.100, 1222 Spruce St., St. Louis, MO 63103, of all written internal complaints or written hotline reports regarding possible sexual harassment at the Peerless Park Restaurant. Such notice shall include the name of the person making the complaint, the name of the alleged harasser, the nature of the complaint, and the resolution of the complaint following the company’s investigation, and shall be provided within thirty (30) days of the date that a written complaint is received or, in the case of a verbal complaint, the date that the complaint is reduced to writing.
3. During the term of the Consent Decree, Midamerica and Northwest shall allow representatives of the EEOC to review their compliance with Sections III.4 and IV.1 of the Consent Decree by inspecting the premises of Burger King Restaurants owned and/or operated by Midamerica and/or Northwest. Such review of compliance shall be initiated by written notice to the attorney of record for Midamerica and Northwest at least five (5) business days in advance of any such inspection. Defendants have the right to have their attorney of record present during any such inspection.
VI. Term and Effect of Decree 1. By entering into this Consent Decree the parties do not intend to resolve
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Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 9 of 19 any charges of discrimination other than the charges filed by the Plaintiffs-Intervenors that created the jurisdictional foundation for the Complaints filed in this case.
2. This Decree shall be binding upon the parties hereto, their successors and assigns.
3. This Decree shall be in force for a period of two (2) years. During the Consent Decree’s term, the Court shall retain jurisdiction of this case for purposes of enforcement of the Consent Decree. The term of the Consent Decree can be extended only upon a showing that Defendants have substantially failed to comply with a material term of the Consent Decree after having been given notice of any such failure to comply and a reasonable opportunity to correct any such non-compliance.
4. The parties shall bear their own costs and attorneys’ fees.
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Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 10 of 19

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 11 of 19
EXHIBIT A-1 [Company letterhead]
To Whom It May Concern: Brandy Alexander was employed as an hourly worker at the Burger King
Restaurant in Peerless Park, Missouri, from ___________ to ___________. Her job duties included taking customer order, working at the counter register and drive-thru register, and preparing food. Ms. Alexander’s performance was satisfactory in all respects.
By:________________________________ Director, Human Resources

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 12 of 19
EXHIBIT A-2 [Company letterhead]
To Whom It May Concern: Natoshia Hanneken was employed as an hourly worker at the Burger King
Restaurant in Peerless Park, Missouri, from ___________ to ___________. Her job duties included taking customer order, working at the counter register and drive-thru register, and preparing food. Ms. Hanneken’s performance was satisfactory in all respects.
By:________________________________ Director, Human Resources

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 13 of 19
EXHIBIT A-3 [Company letterhead]
To Whom It May Concern: Erin Kirk was employed as an hourly worker at the Burger King Restaurant in
Peerless Park, Missouri, from ___________ to ___________. Her job duties included taking customer order, working at the counter register and drive-thru register, and preparing food. Ms. Kirk’s performance was satisfactory in all respects.
By:________________________________ Director, Human Resources

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 14 of 19
EXHIBIT A-4 [Company letterhead]
To Whom It May Concern: Erin Bronskill was employed as an hourly worker at the Burger King Restaurant
in Peerless Park, Missouri, from ___________ to ___________. Her job duties included taking customer order, working at the counter register and drive-thru register, and preparing food. Ms. Bronskill’s performance was satisfactory in all respects.
By:________________________________ Director, Human Resources

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 15 of 19
EXHIBIT A-5 [Company letterhead]
To Whom It May Concern: Rachel Nunley was employed as an hourly worker at the Burger King Restaurant
in Peerless Park, Missouri, from ___________ to ___________. Her job duties included taking customer order, working at the counter register and drive-thru register, and preparing food. Ms. Nunley’s performance was satisfactory in all respects.
By:________________________________ Director, Human Resources

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 16 of 19
EXHIBIT A-6 [Company letterhead]
To Whom It May Concern: Mary Beth Souders was employed as an hourly worker at the Burger King
Restaurant in Peerless Park, Missouri, from ___________ to ___________. Her job duties included taking customer order, working at the counter register and drive-thru register, and preparing food. Ms. Souders’ performance was satisfactory in all respects.
By:________________________________ Director, Human Resources

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 17 of 19
EXHIBIT A-7 [Company letterhead]
To Whom It May Concern: Breanna Johnson was employed as an hourly worker at the Burger King
Restaurant in Peerless Park, Missouri, from ___________ to ___________. Her job duties included taking customer order, working at the counter register and drive-thru register, and preparing food. Ms. Johnson’s performance was satisfactory in all respects.
By:________________________________ Director, Human Resources

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 18 of 19
EXHIBIT B [Company letterhead]
NOTICE TO EMPLOYEES
This notice is being posted pursuant to a Consent Decree entered to resolve claims of sexual harassment in the case of Equal Employment Opportunity Commission, et al. v. Midamerica Hotels Corporation, Northwest Development Company, d/b/a Burger King, et al., 4:03CV00107 HEA, on file in the United States District Court for the Eastern District of Missouri.
Federal and Missouri laws prohibit discrimination against any employee or applicant for employment because of the individual’ s disability, race, national origin, color, religion, sex, or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. Such laws also prohibit retaliation against employees because they have reported or opposed practices that they believe discriminate on the basis of disability, race, national origin, color, religion, sex, or age (40 and over), have filed charges with the Equal Employment Opportunity Commission (“EEOC”) or other government agency, or have participated in or cooperated with an investigation by the EEOC or other government agency.
In particular, Federal and Missouri laws prohibit an employer from discriminating against employees based on sex, including the sexual harassment of employees. Midamerica and Northwest support and will comply with such laws and, further, will not take any action against any employees for exercising their rights under such laws. Midamerica and Northwest will not tolerate sex discrimination, sexual harassment, or retaliation against any employees who report or oppose sex discrimination or sexual harassment.
Employees are free to report instances of possible sex discrimination or sexual harassment to any management official at any time. Midamerica and Northwest have established policies and procedures to promptly investigate such reports and to protect the persons making such reports from retaliation. Employees also are free to make inquiries or complaints about possible sex discrimination, sexual harassment, or retaliation to the EEOC, St. Louis District Office, 1222 Spruce, 8th Floor, Room 8.100, St. Louis, Missouri, 63103, 314-539-7800.

Case 4:03-cv-00107-HEA Document 134 Filed 12/06/2004 Page 19 of 19
EXHIBIT C
Pursuant to a settlement agreement (the “Settlement Agreement”), the parties have agreed to settle this case. The total amount paid under the Settlement Agreement to the Plaintiff-Intervenors and their attorneys is:
$400,000.00 (four hundred thousand dollars). The payment of the foregoing to Plaintiff-Intervenors, and the execution of the Settlement Agreement in their favor, is not, and shall not be construed as, an admission that Defendants have any liability to Plaintiff EEOC or to Plaintiff-Intervenors, which liability Defendants expressly deny.

 
 Case 4:03-cv-0--0..1'~07-HEA Document 36 Filed 08/26/2003 Page 1 of 5

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Plaintiffs,

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U. S. DISTRICT COURT

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E. DISTRICT OF MO.

v.

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Case No. 4:03CYOOI07 HEA

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MIDAMERICA HOTELS CORP.,

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d/b/a BURGER KING, et al.,

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Defendants.

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STIPULATED PROTECTIVE ORDER Plaintiffs and Defendants Midamerica Hotels Corporation and Northwest Development Company ("Corporate Defendants") jointly enter and move for Court approval of the following Stipulated Protective Order, pursuant to which all parties hereby agree and stipulate as follows: 1. The Corporate Defendants may request or have requested from any or all of the Plaintiffs certain sensitive information and documents, including but not limited to medical/psychological records, employment records, academic records, journals, or diaries. Such categories of documents and the information contained within or relating to such documents shall be deemed "confidential," and not subject to disclosure, other than as specified below. Plaintiffs shall notify the Corporate Defendants in writing when information andlor documents being produced for inspection is deemed confidential by so stating in responses to discovery requests as necessary and by stamping "Confidential" or words to that effect on such documents being produced to the Corporate Defendants. 2. Plaintiffs may request or have requested from the Corporate Defendants certain sensitive information and documents, including but not limited to net worth, payroll, and other financial information. Such categories of documents and the information contained within or relating to such documents shall be deemed "confidential," and not subject to disclosure, other

Case 4:03-cv-00107-HEA Document 36 Filed 08/26/2003 Page 2 of 5
than as specified below. The Corporate Defendants shall notify the Plaintiffs in writing when infonnation and/or documents will be deemed confidential by so stating in responses to discovery requests as necessary and by stamping "Confidential" or words to that effect on such documents being produced to the Plaintiffs.
3. The parties do hereby stipulate and consider the infonnation and documents described in paragraphs I and 2 above to be confidential, and have agreed that the production of such infonnation and documents will be made in accordance with the tenns specified below. The production of such infonnation and documents does not constitute a waiver of any objection to the admissibility of such infonnation or documents at trial. Any party who believes that materials marked "Confidential" by opposing party should not be treated as confidential, may apply to the Court for an amendment to this Stipulated Protective Order.
4. Persons entitled to inspect such infonnation and documents shall be limited to those persons whose review of the documents is necessary for the adequate preparation of each party's case, including: the parties; counsel and counsel's support and administrative staff; experts retained by any of the parties to assist in the preparation of this action for trial and/or to testify at trial; witnesses needed to assist the parties' counsel in the preparation of this action for trial; court reporting personnel as necessary; court personnel as necessary; and the jury, as pennitted by the court. All persons entitled to inspect such infonnation and documents under this paragraph must be infonned of the confidentiality of such infonnation and documents prior to their inspection. No other persons will be pennitted to inspect such infonnation and documents without a court order. With respect to Defendants, Defendants may disclose confidential infonnation to those management employees who are participating in the preparation of this litigation.
S. When materials marked as Confidential are used at a deposition, or other pretrial proceeding, the confidential materials, along with the transcript containing any reference to confidential material, shall be marked "Confidential" and filed under seal if filed with the Court. When materials marked as Confidential are filed with the Court, the confidential materials shall
2

Case 4:03-cv-00107-HEA Document 36 Filed 08/26/2003 Page 3 of 5
be marked "Confidential" and filed under seal provided the Court approves the filing of these materials under seal.
6. Information and documents produced pursuant to this Stipulated Protective Order shall not be used in any other legal action or administrative proceeding or for any other purpose outside this lawsuit, without prior specific written consent of the party producing the information or documents, or by court order. Information and documents produced pursuant to this Stipulated Protective Order shall not be disclosed, other than for use in this LawsUIt in accordance with the terms of this Stipulated Protective Order.
7. This Stipulated Protective Order does not restrict the use of such information and documents at trial.
8. Nothing in this Stipulated Protective Order shall be construed as a waiver or agreement to produce documents or to provide information to which a party has otherwise objected in their responses to interrogatories, requests for production, requests for admissions or other discovery.
9. Within ninety (90) days of the conclusion of the instant litigation, including any appeals, all documents described above shall be destroyed and the parties shall mutual notification in writing of such destruction.
10. All parties acknowledge that this Order is entered pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. The parties further acknowledge that potential sanctions for violations of this order shall include any and all sanctions provided for in Rule 37(b) of the Federal Rules of Civil Procedure as deemed appropriate by the court.
11. The obligations of confidentiality and non-disclosure shall survive the conclusion of this action.
12. This Stipulated Protective Order may be modified by agreement of the parties or order of the Court.
3

Case 4:03-cv-00107-HEA Document 36 Filed 08/26/2003 Page 4 of 5

Rebecca . Stith, . . #446 Anne E. Gusewell Robert A. Young Federal Building 1222 Spruce, Room 8.100 St. Louis, Missouri 63103 Tel (314) 539-7917 Fax (314) 539-7895
Attorneys for Plaintiff Equal Employment Opportunity Commission

Susan Nell Rowe, E.D. #4219 Cherie K. McDonald, E.D. #3323 The Stolar Partnership 911 Washington Avenue, 7th Floor St. Louis, Missouri 63101 Tel (314) 231-2800 Fax (314) 436-8400
Attorneys for Defendant Midamerica Hotels Corporation

William E. Moench, E.D. #5125

Patavee Vanadilok, E.D. #119739

William E. Moench & Associates

2711 Clifton Avenue

St. Louis, Missouri 63139

Tel (314) 647-1800

Fax (314) 647-1911

F I LED

Attorneys for Plaintiffs/Intervenors

AUG 2 6 2003

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Case 4:03-UcvN-I0T0E1D07-SHTEAATES DDoIcSuTmReInCt T36COUFRilTed -0-8/2E6A/2ST0E03RN MPaISgSeO5UoRfI5 INTERNAL RECORD KEEPING

AN ORDER, JUDGMENT OR ENDORSEMENT WAS SCANNED, FAXED AND/OR MAILED TO THE FOLLOWING INDIVIDUALS ON 08/27/03 by mmosley
4:03cv107 EEOC vs MidAmerica Hotels

42:2000e Job Discrimination (Employment)

John Appelbaum - 56984 Anne Gusewelle -
Robert Johnson - 10511 Cherie MacDonald - 3323 William Moench - 5125 Susan Rowe - 4219
Rebecca Stith - 4465 Patavee Vanadilok - 119739

Fax: Fax: Fax: Fax:
Fax: Fax: Fax: Fax:

636-467-1617 314-539-7895 314-539-7895 618-257-7353
314-647-1911 314-436-8400 314-539-7895 314-647-1911

3CAN.Nm & fAXfi} BY:
AU(i 2 7 2DlU

 
 MOED - CM/ECF (LIVE) - Docket Report

https://ecf.moed.uscourts.gov/cgi-bin/DktRpt.pl?823903118191968-L_...

CLOSED, PROTO, TRCK3
U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:03-cv-00107-HEA

EEOC v. MidAmerica Hotels, et al Assigned to: Honorable Henry E. Autrey Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/30/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anne E. Gusewelle EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: anne.gusewelle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca S. Stith EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: rebecca.stith@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G. Johnson EEOC 1222 Spruce Street Room 8.100 St. Louis, MO 63103 314-539-7910 Fax: 314-539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff

1 of 21

6/27/2006 12:14 PM

MOED - CM/ECF (LIVE) - Docket Report
Brandy Alexander
Intervenor Plaintiff Mary Beth Souders
Intervenor Plaintiff Rachel Nunley
2 of 21

https://ecf.moed.uscourts.gov/cgi-bin/DktRpt.pl?823903118191968-L_...
represented by John S. Appelbaum DAVIS AND APPELBAUM, P.C. 4139 Jeffco Boulevard Arnold, MO 63010 636-464-8330 Fax: 636-467-1617 Email: johnappelbaum@charter.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patavee Vanadilok WILLIAM E. MOENCH LAW OFFICES 2711 Clifton Avenue St. Louis, MO 63139 314-647-1800 Fax: 314-647-1911 Email: patavee@swbell.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
William E. Moench WILLIAM E. MOENCH LAW OFFICES 2711 Clifton Avenue St. Louis, MO 63139 314-647-1800 Fax: 314-647-1911 Email: bmoench@swbell.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John S. Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patavee Vanadilok (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William E. Moench (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John S. Appelbaum (See above for address)
6/27/2006 12:14 PM

MOED - CM/ECF (LIVE) - Docket Report
Intervenor Plaintiff Erin Kirk
Intervenor Plaintiff Natoshia Hanneken
Intervenor Plaintiff Erin Bronskill
3 of 21

https://ecf.moed.uscourts.gov/cgi-bin/DktRpt.pl?823903118191968-L_...
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patavee Vanadilok (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William E. Moench (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John S. Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patavee Vanadilok (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William E. Moench (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John S. Appelbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patavee Vanadilok (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William E. Moench (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John S. Appelbaum (See above for address) LEAD ATTORNEY
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Intervenor Plaintiff Breanna Johnson
V. Defendant MidAmerica Hotels Corporation doing business as Burger King
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ATTORNEY TO BE NOTICED
Patavee Vanadilok (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William E. Moench (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John S. Appelbaum (See above for address) ATTORNEY TO BE NOTICED
Patavee Vanadilok (See above for address) ATTORNEY TO BE NOTICED
William E. Moench (See above for address) ATTORNEY TO BE NOTICED
represented by Cherie K. MacDonald GREENSFELDER AND HEMKER 12 Wolf Creek Drive Suite 100 Belleville, IL 62226 618-257-7308 Fax: 618-257-7353 Email: ckm@greensfelder.com TERMINATED: 09/11/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Doreen D. Dodson STOLAR PARTNERSHIP 911 Washington Avenue Seventh Floor St. Louis, MO 63101 314-231-2800 Fax: 314-436-8400 Email: ddd@stolarlaw.com TERMINATED: 04/02/2003
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Defendant Nathan P. Kraus Defendant Northwest Development Company doing business as Burger King
Defendant Drury Restaurants, INC. TERMINATED: 10/09/2003 doing business as Burger King TERMINATED: 10/09/2003
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Nell Rowe STOLAR PARTNERSHIP 911 Washington Avenue Seventh Floor St. Louis, MO 63101 314-231-2800 Fax: 314-436-8400 Email: snr@stolarlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew C. Puzder STOLAR PARTNERSHIP 911 Washington Avenue Seventh Floor St. Louis, MO 63101 314-231-2800 Email: acp@stolarlaw.com ATTORNEY TO BE NOTICED
represented by Cherie K. MacDonald (See above for address) TERMINATED: 09/11/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Nell Rowe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew C. Puzder (See above for address) ATTORNEY TO BE NOTICED
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Date Filed 01/30/2003 01/30/2003 02/07/2003 02/07/2003 02/07/2003 02/07/2003 03/27/2003
03/28/2003 03/28/2003 04/02/2003 04/04/2003 04/11/2003 04/11/2003
04/11/2003

#

Docket Text

1 COMPLAINT; # Waivers of Service Issued: 1 # Counts: 1 Disclosure of Corp Cert issued to: deft; jury demand (SET) (Entered: 01/31/2003)
2 TRACK INFORMATION STATEMENT filed by plaintiff EEOC track 2 preferred (SET) (Entered: 01/31/2003)
3 WAIVER OF SERVICE executed upon defendant MidAmerica Hotels on 2/4/03 personal service by serving Susan Nell Rowe (MJM) (Entered: 02/10/2003)
4 ATTORNEY APPEARANCE for defendant MidAmerica Hotels by Susan Nell Rowe, Doreen D. Dodson (MJM) (Entered: 02/10/2003)
5 TRACK INFORMATION STATEMENT filed by defendant MidAmerica Hotels track 2 standard preferred (MJM) (Entered: 02/10/2003)
6 DISCLOSURE of Corporation Interests Certificate Parent companies: None Subsidiaries: None Publicly held company: None by defendant MidAmerica Hotels (MJM) (Entered: 02/10/2003)
7 MOTION by movant Brandy Alexander, movant Mary Beth Souders, movant Rachel Nunley, movant Erin Kirk, movant Natoshia Hanneken, movant Erin Bronskill for intervention of right w/ intervention complaint attached (MJM) (Entered: 03/28/2003)
8 ANSWER w/ affirmative defenses by defendant MidAmerica Hotels to [1-1]; jury demand (MJM) (Entered: 04/01/2003)
9 MOTION by co-counsel Doreen Dodson for defendant MidAmerica Hotels to withdraw attorney (MJM) (Entered: 04/01/2003)
10 RULED DOCUMENT by Honorable Henry E. Autrey granting motion to withdraw attorney [9-1] attorney Doreen D. Dodson for MidAmerica Hotels SO ORDERED (cc: all counsel) (MJM) (Entered: 04/03/2003)
11 RULE 16 ORDER by Honorable Henry E. Autrey ; standard(2) track , ; Rule 16 Conference set for 5/1/03 at 11:30 a.m. ; joint scheduling plan ddl set for 4/21/03 (cc: all counsel) (MJM) (Entered: 04/07/2003)
12 RULED DOCUMENT by Honorable Henry E. Autrey granting motion for intervention of right [7-1] (cc: all counsel) (MJM) (Entered: 04/15/2003)
13 INTERVENOR'S COMPLAINT by intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill # Counts: 3 ; adding defendant Nathan P. Kraus; jury demand (MJM) (Entered: 04/15/2003)
14 MOTION by intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill to amend complaint in intervention w/ amended intervention complaint and Exhibits

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04/15/2003 04/21/2003
04/22/2003 04/28/2003 04/28/2003
04/30/2003 04/30/2003 05/01/2003
05/12/2003 05/13/2003 05/14/2003 05/14/2003 05/14/2003

1-3 attached (MJM) (Entered: 04/15/2003)
15 MOTION by plaintiff EEOC for leave to file first amended complaint w/ first amended complaint and Exhibits 1&2 attached (MJM) (Entered: 04/16/2003)
16 JOINT PROPOSED SCHEDULING PLAN by plaintiff EEOC, defendant MidAmerica Hotels, intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill, defendant Nathan P. Kraus (MJM) (Entered: 04/21/2003)
17 MEMORANDUM by defendant MidAmerica Hotels in regards to responding to the Amended Complaint in Intervention at such time as the Court grants leave to file. (MJM) (Entered: 04/24/2003)
18 RULED DOCUMENT by Honorable Henry E. Autrey granting motion to amend complaint in intervention [14-1] (cc: all counsel) (MJM) (Entered: 04/29/2003)
19 FIRST AMENDED COMPLAINT IN INTERVENTION by intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill : # Counts: 3 [13-1]; adding Northwest, Drury Restaurants; jury demand w/ exhibits 1-3 attached (MJM) Modified on 04/29/2003 (Entered: 04/29/2003)
20 RULED DOCUMENT by Honorable Henry E. Autrey granting motion for leave to file first amended complaint [15-1] (cc: all counsel) (MJM) (Entered: 05/01/2003)
21 AMENDED COMPLAINT by plaintiff EEOC # Counts: 1 [1-1]; jury demand w/ Exhibits 1&2 attached (MJM) (Entered: 05/01/2003)
22 CASE MANAGEMENT ORDER by Honorable Henry E. Autrey ; complex(3) track , ; motion to add party ddl 9/30/03 ; Disc completion ddl 5/15/04 ; non-disp motion ddl 5/26/04 ; disp motion ddl 6/15/04; resp ddl 8/15/04; reply ddl 9/30/04 ; jury trial 12/6/04 at 9:30am ; ADR future refer 11/1/03 to term 2/2/04 (cc: all counsel) (CEL) (Entered: 05/02/2003)
23 MEMORANDUM by defendant MidAmerica Hotels, defendant Northwest re: memorandum [17-1] by lv. of Court, defendants granted additional (3) days to file answer (MJM) (Entered: 05/13/2003)
24 DISCLOSURE of Corporation Interests Certificate Parent companies: None Subsidiaries: None Publicly held company: None by defendant Northwest (MJM) (Entered: 05/14/2003)
25 ANSWER w/ affirmative defenses by defendant MidAmerica Hotels to [21-1] (MJM) (Entered: 05/15/2003)
26 ANSWER w/ affirmative defenses by defendant Northwest to [21-1] (MJM) (Entered: 05/15/2003)
27 ANSWER w/ affirmative defenses by defendant Northwest to [19-1] (MJM) (Entered: 05/15/2003)

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05/14/2003 05/15/2003 05/15/2003 05/15/2003 05/21/2003 07/01/2003 07/11/2003
07/11/2003
08/25/2003
08/26/2003 09/09/2003 09/11/2003
09/30/2003 09/30/2003

28 ANSWER w/ affirmative defenses by defendant MidAmerica Hotels to [19-1] (MJM) (Entered: 05/15/2003)
29 REQUEST by plaintiff EEOC for issuance of summons as to defendant Nathan P. Kraus (MJM) (Entered: 05/16/2003)
29 SUMMONS issued as to defendant Nathan P. Kraus # of summons issued: 1 days to respond: 20 (MJM) (Entered: 05/16/2003)
30 NOTICE OF PRIVATE PROCESS SERVER ; Process Server: Priority Process, LLC (MJM) (Entered: 05/16/2003)
31 RETURN OF SERVICE executed upon defendant Nathan P. Kraus on 5/16/03 by personal service by serving Crystal Kraus (wife) (MJM) (Entered: 05/22/2003)
32 MOTION by defendant MidAmerica Hotels, defendant Northwest for extension of time to object or respond to request for admission/production and interrogatories until 7/14/03 (MJM) (Entered: 07/02/2003)
33 MEMORANDUM by plaintiff EEOC, defendant MidAmerica Hotels, intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill, defendant Northwest consent between parties to respond to discovery. (MJM) (Entered: 07/15/2003)
34 MEMORANDUM by plaintiff EEOC, defendant MidAmerica Hotels, intervenor plaintiff Brandy Alexander, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Rachel Nunley, intervenor plaintiff Erin Kirk, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Bronskill, defendant Northwest of consent between parties to respond to discovery (MJM) (Entered: 07/15/2003)
35 MOTION by defendant Drury Restaurants, defendant Northwest, defendant Nathan P. Kraus, intervenor plaintiff Erin Bronskill, intervenor plaintiff Natoshia Hanneken, intervenor plaintiff Erin Kirk, intervenor plaintiff Rachel Nunley, intervenor plaintiff Mary Beth Souders, intervenor plaintiff Brandy Alexander, defendant MidAmerica Hotels, plaintiff EEOC for protective order (MJM) (Entered: 08/26/2003)
36 RULED DOCUMENT by Honorable Henry E. Autrey granting motion for protective order [35-1] SEE ORDER Doc. No. 35 for DETAILS (cc: all counsel) (MJM) (Entered: 08/27/2003)
37 MOTION by attorney for defendant Northwest, defendant MidAmerica Hotels to withdraw attorney Cherie K. Macdonald (MJM) (Entered: 09/10/2003)
38 RULED DOCUMENT by Honorable Henry E. Autrey granting motion to withdraw attorney Cherie K. Macdonald [37-1] attorney Cherie K. MacDonald for MidAmerica Hotels, attorney Cherie K. MacDonald for Northwest (cc: all counsel) (MJM) (Entered: 09/17/2003)
39 MOTION by plaintiff EEOC for extension of time to file second amd cmp (30) days (MJM) (Entered: 10/02/2003)
40 MOTION by plaintiff EEOC for leave to file second amd cmp w/ second amd cmp attached (MJM) (Entered: 10/02/2003)

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10/08/2003 10/09/2003
10/09/2003 10/09/2003 10/09/2003
10/14/2003 10/15/2003 10/15/2003 10/20/2003 10/20/2003

41 RESPONSE (suggestions in opp.) by defendant Drury Restaurants, defendant Northwest, defendant Nathan P. Kraus, defendant MidAmerica Hotels to motion for leave to file second amd cmp [40-1] (MJM) (Entered: 10/09/2003)
42 AGREED MOTION for Protective Order RELATING TO MEDICAL RECORDS by Intervenor Plaintiffs Erin Bronskill, Natoshia Hanneken, Erin Kirk, Rachel Nunley, Mary Beth Souders, Defendants Drury Restaurants, INC., Nathan P. Kraus, MidAmerica Hotels Corporation, Northwest Development Company, Plaintiff Equal Employment Opportunity Commission. (BDC, ) (Entered: 10/13/2003)
43 ORDER granting [39] pltf's motion For Extension of time to file Second Amended Complaint ;Extension date: to and including 10/25/2003 Signed by Judge Henry E Autrey on 10/09/03. (BDC, ) (Entered: 10/13/2003)
44 ORDER HEA- DENYING AS MOOT OR UNTIMELY IN LIGHT OF THE COURT'S RULING ON DOC.#39. Ruling doc,.#[40]- pltf's Motion for Leave to file second amended complaint Signed by Judge Henry E Autrey on 10/09/03. (BDC, ) (Entered: 10/13/2003)
SECOND AMENDED COMPLAINT against defendant(s) Nathan P. Kraus, MidAmerica Hotels Corporation, Northwest Development Company,Terminating Drury Restaurants, INC. Jury Trial Demanded Demand, , filed by Equal Employment Opportunity Commission. Related document: [21] Amended Complaint filed by Equal Employment Opportunity Commission.(MJM, ) (Entered: 10/20/2003)
45 ORDER The Agreed Motion for a qualified Protective Order Relating to Medical Records and Order Granting Same is hereby granted pursuant to consent of the parties. Signed by Judge Henry E Autrey on 10/14/03. (MJM, ) (Entered: 10/14/2003)
46 MOTION to Amend/Correct Reply to Defendant's Opposition to Plaintiff EEOC's September 30, 2003 Motion to File Second Amended Complaint by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 10/15/2003)
47 MOTION to Amend/Correct the Court's Case Managment Order by Defendant MidAmerica Hotels Corporation. (Rowe, Susan) (Entered: 10/15/2003)
48 ORDER IT IS HEREBY ORDERED that Defendant's MOTION for an Amendment to the Court's Case Management Order [Doc. #47] is GRANTED Discovery Completion due by 7/15/2004. Non-Dispositive Motions due by 7/26/2004.. Signed by Judge Henry E Autrey on 10/20/03. (MJM, ) (Entered: 10/20/2003)
49 SURREPLY to Motion re 46 MOTION to Amend/Correct Reply to Defendant's Opposition to Plaintiff EEOC's September 30, 2003 Motion to File Second Amended Complaint filed by Defendant MidAmerica Hotels Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Rowe, Susan) (Entered: 10/20/2003)

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10/22/2003
10/22/2003 10/23/2003 10/23/2003 10/23/2003 10/23/2003 10/24/2003 10/24/2003 10/24/2003 11/14/2003 11/25/2003 11/25/2003

50 ORDER IT IS HEREBY ORDERED that Plaintiff, the Equal Employment Opportunity Commission's, MOTION to Amend/Correct Reply to Defendant's Opposition to Plaintiff EEOC's September 30, 2003 Motion to File Second Amended Complaint [Doc. #46] is DENIED as MOOT (see the Court's order of October 9, 2003, [Doc. #43]). Plaintiff's Second Amended Complaint has been filed as of October 9, 2003, over defenant's objections. Defendant's Surreply to Plaintiff EEOC's Reply to Defendant's Response to Plaintiff's Motion to File Second Amended Complaint [Doc. #49] is striken for failure to obtain leave to file. Signed by Judge Henry E Autrey on 10/22/03. (MJM, ) (Entered: 10/22/2003)
51 MOTION for Extension of Time to File Answer to Plaintiff EEOC's Second Amended Complaint by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 10/22/2003)
52 MOTION for Leave to File Answer to Second Amended Complaint of Plaintiff EEOC by Defendant Northwest Development Company. (Rowe, Susan) (Entered: 10/23/2003)
53 ANSWER to Amended Complaint (EEOC's Second) by Northwest Development Company.(Rowe, Susan) (Entered: 10/23/2003)
54 MOTION for Leave to File Answer to Second Amended Complaint of Plaintiff EEOC by Defendant MidAmerica Hotels Corporation. (Rowe, Susan) (Entered: 10/23/2003)
55 Defendant's ANSWER to Amended Complaint (EEOC's Second) by MidAmerica Hotels Corporation.(Rowe, Susan) (Entered: 10/23/2003)
56 ORDER granting 54 Motion for Leave to file answer to second amended complaint. Signed by Judge Henry E Autrey on 10/24/03. (CLA, ) (Entered: 10/27/2003)
57 ORDER granting 52 Motion for Leave to file answer to second amended complaint. Signed by Judge Henry E Autrey on 10/24/03. (CLA, ) (Entered: 10/27/2003)
58 ORDER denying 51 It is hereby ordered that deft.'s mtn. for extension of time to file answer to pltff. EEOC's second amended complaint is denied as moot. Signed by Judge Henry E Autrey on 10/24/03. (CLA, ) (Entered: 10/27/2003)
59 MOTION to Add Party and Amend Complaint by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Attachments: # 1 Second Amended Complaint in Intervention)(Moench, William) (Entered: 11/14/2003)
60 ANSWER to SECOND AMENDED COMPLAINT IN INTERVENTION by MidAmerica Hotels Corporation.(Rowe, Susan) Modified on 12/1/2003 (MJM, ). (Entered: 11/25/2003)
61 ANSWER to SECOND Amended Complaint in Intervention by Northwest Development Company.(Rowe, Susan) Modified on 12/1/2003 (MJM, ). (Entered: 11/25/2003)

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11/26/2003 11/26/2003 12/18/2003 12/18/2003
12/18/2003 12/24/2003 12/31/2003 01/16/2004 01/22/2004

Docket Text ORDER re 59 MOTION to Add Party and Amend Complaint filed by Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill ; ORDERED Granted CMO is maintained in all other aspects. Signed by Judge Henry E. Autrey on 11/26/03. (MJM, ) (Entered: 12/01/2003)
62 SECOND AMENDED Intervenor COMPLAINT JuryDemand,, filed by Breanna Johnson, Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Erin Kirk, Rachel Nunley, Mary Beth Souders.(MJM, ) Modified on 12/1/2003 (MJM, ). (Entered: 12/01/2003)
63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 12/18/2003)
64 STATEMENT of Material Facts re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed Statement of Uncontroverted Material Facts filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A-Second Amd Complaint in Intervention - on file# 2 Exhibit B - Answers to Plaintiff EEOC's First Interrogatories# 3 Exhibit C - Depo. of Harold Hale# 4 Exhibit D - Applications for Employment# 5 Exhibit E - New Employee Data Sheets# 6 Exhibit F - Employee Roster - Peerless Park BK# 7 Exhibit G - Burger King Handbook - cover & excerpt# 8 Exhibit H - Position Statements# 9 Exhibit I - Dun & Bradstreet Reports)(Stith, Rebecca) (Entered: 12/18/2003)
65 MEMORANDUM in Support of Motion re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed filed by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 12/18/2003)
66 Joint MOTION for Protective Order of Plaintiffs and Defendants Concerning Psychological Experts' Raw Scores and Tests by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Stith, Rebecca) (Entered: 12/24/2003)
67 MOTION for Extension of Time to File Response/Reply as to 65 Memorandum in Support of Motion, 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed, 64 Statement of Material Facts,, by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 12/31/2003)
Docket Text ORDER re 67 MOTION for Extension of Time to File Response/Reply as to 65 Memorandum in Support of Motion, 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed, 64 Statement of Material Facts,, filed by MidAmerica Hotels Corporation, Northwest Development Company ; ORDERED Granted. Signed by Judge Henry E. Autrey on 1/16/04. (MJM, ) (Entered: 01/16/2004)
68 MEMORANDUM in Opposition re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 01/22/2004)

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01/22/2004
01/23/2004 01/27/2004 01/28/2004 01/28/2004 02/05/2004 02/05/2004 02/05/2004
02/06/2004 03/01/2004 03/08/2004

69 RESPONSE in Opposition re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed Defendants' Memorandum of Disputed Material Facts and Additional Material Facts Submitted by Defendants Midamerica HotelsCorporation and Northwest Development Company in Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Rowe, Susan) (Entered: 01/22/2004)
Docket Text ORDER re 66 Joint MOTION for Protective Order of Plaintiffs and Defendants Concerning Psychological Experts' Raw Scores and Tests filed by Equal Employment Opportunity Commission ; ORDERED SO ORDERED. Signed by Judge Henry E. Autrey on 1/23/04. (MJM, ) (Entered: 01/23/2004)
70 MOTION for Extension of: Time to Reply in Support of Plaintiffs' Partial Summary Judgment Motion by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 01/27/2004)
71 ENTRY of Appearance by Andrew C. Puzder Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Puzder, Andrew) (Entered: 01/28/2004)
Docket Text ORDER re 70 MOTION for Extension of: Time to Reply in Support of Plaintiffs' Partial Summary Judgment Motion filed by Equal Employment Opportunity Commission ; ORDERED Leave Granted (due date 2/5/04). Signed by Judge Henry E. Autrey on 1/28/04. (MJM, ) (Entered: 01/29/2004)
72 MOTION to Amend/Correct 22 Case Management Order,,,,, by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 02/05/2004)
73 REPLY to Response to Motion re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed filed by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 02/05/2004)
74 STATEMENT of Material Facts re 63 MOTION for Partial Summary Judgment of Plaintiff EEOC and Plaintiff-Intervenors filed (Plaintiffs' Reply to Defendants' Statement of Facts) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit J Neikirk Depo excerpt)(Stith, Rebecca) (Entered: 02/05/2004)
Docket Text ORDER ; ORDERED GRANTED MTN. FOR AN AMENDMENT TO THE CMO. Signed by Judge Henry E. Autrey on 2/6/04. (CLA, ) (Entered: 02/09/2004)
75 MOTION for Mental Examination Under Fed.R.Civ.P. 35(A) by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A)(Rowe, Susan) (Entered: 03/01/2004)
76 MEMORANDUM AND ORDER motion is IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment, [#63], is granted.. Signed by Judge Henry E. Autrey on 3/8/04. (MJM, ) (Entered: 03/08/2004)

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03/11/2004 04/15/2004 06/04/2004 06/04/2004 06/04/2004
06/04/2004 06/04/2004 06/04/2004 06/04/2004 06/04/2004 06/04/2004

Docket Text ORDER re 75 MOTION for Mental Examination Under Fed.R.Civ.P. 35(A) filed by MidAmerica Hotels Corporation, Northwest Development Company ; ORDERED: SO ORDERED. Signed by Judge Henry E. Autrey on 3/11/04. (CEL, ) (Entered: 03/12/2004)
77 MEMORANDUM for Clerk by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 04/15/2004)
78 MOTION for Summary Judgment Re: Johnson Claim by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)
79 MEMORANDUM in Support of Motion re 78 MOTION for Summary Judgment Re: Johnson Claim filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)
80 STATEMENT of Material Facts re 78 MOTION for Summary Judgment Re: Johnson Claim filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo. excerpts# 2 Exhibit Jerry Barker Affidavit# 3 Exhibit Jerry Barker Aff. (Cont'd)# 4 Exhibit T# 5 Exhibit Barker Depo.# 6 Exhibit Kim Dorrough Depo.# 7 Exhibit Kraus Depo.# 8 Exhibit MIke Dorrough Depo.# 9 Exhibit Crane Depo.# 10 Exhibit Wehling Depo.# 11 Exhibit Lindsay Depo.# 12 Exhibit Johnson Depo.# 13 Exhibit Todtenhaupt Depo.# 14 Exhibit Boresi Depo.# 15 Exhibit Nunley Depo.# 16 Exhibit S# 17 Exhibit Neikirk Affidavit# 18 Exhibit Neikirk Depo.# 19 Exhibit 71# 20 Exhibit Rowe Affidavit)(Rowe, Susan) (Entered: 06/04/2004)
81 NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company re 80 Statement of Material Facts,,, Verification of Signed Document - Jerry Barker: (Rowe, Susan) (Entered: 06/04/2004)
82 NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company re 80 Statement of Material Facts,,, Verification of Signed Document - Joel Neikirk: (Rowe, Susan) (Entered: 06/04/2004)
83 SUPPLEMENTAL re 79 Memorandum in Support of Motion for Summary Judgment Re: Johnson Claim by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)
84 MOTION for Summary Judgment Re: Nunley's Claims by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/04/2004)
85 MEMORANDUM in Support of Motion re 84 MOTION for Summary Judgment Re: Nunley's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A)(Rowe, Susan) (Entered: 06/04/2004)
86 STATEMENT of Material Facts re 84 MOTION for Summary Judgment Re: Nunley's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo.# 2 Exhibit Barker Affidavit# 3 Exhibit Barker Affidavit (Cont'd)# 4 Exhibit Verification - Barker Aff.# 5 Exhibit Nunley Depo.# 6 Exhibit Barker Depo.# 7 Exhibit Kim Dorrough Depo.# 8 Exhibit Kraus Depo.# 9 Exhibit Mike Dorrough Depo.# 10 Exhibit

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06/07/2004
06/08/2004 06/09/2004 06/09/2004 06/09/2004

Crane Depo.# 11 Exhibit Wehling Depo.# 12 Exhibit Lindsay Depo.# 13 Exhibit Todtenhaupt Depo.# 14 Exhibit Boresi Depo.# 15 Exhibit R# 16 Exhibit Souders Depo.# 17 Exhibit Alexander Depo.# 18 Exhibit Payroll Record# 19 Exhibit S# 20 Exhibit Johnson Depo.# 21 Exhibit Neikirk Depo.# 22 Exhibit 71# 23 Exhibit Neikirk Affidavit# 24 Exhibit Verification of Neikirk Aff.)(Rowe, Susan) (Entered: 06/04/2004)
87 MOTION to Seal Document by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Text of Proposed Order)(Rowe, Susan) (Entered: 06/07/2004)
88 MOTION for Summary Judgment Re: Kirk's Claims by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/07/2004)
89 MEMORANDUM in Support of Motion re 88 MOTION for Summary Judgment Re: Kirk's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/07/2004)
90 MOTION to Compel Discovery by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Attachments: # 1 Memorandum in Support of Motion to Compel# 2 Exhibit Ex. 1 Document Request to Midamerica# 3 Exhibit Ex. 2 Document Request to Northwest# 4 Exhibit Ex. 3 Interrogatories to Midamerica# 5 Exhibit Ex. 4 Interrogatories to Northwest# 6 Exhibit Ex. 5 Barker Deposition Excerpt# 7 Exhibit Ex. 6 Correspondence 4-6-04)(Vanadilok, Patavee) (Entered: 06/07/2004)
91 STATEMENT of Material Facts re 88 MOTION for Summary Judgment Re: Kirk's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo.# 2 Exhibit Barker Aff.# 3 Exhibit Barker Aff (Cont'd)# 4 Exhibit Verification - Barker Aff.# 5 Exhibit Kirk Depo.# 6 Exhibit Barker Depo.# 7 Exhibit Kim Dorrough Depo.# 8 Exhibit Kraus Depo.# 9 Exhibit Mike Dorrough Depo.# 10 Exhibit Crane Depo.# 11 Exhibit Wehling Depo.# 12 Exhibit Lindsay Depo.# 13 Exhibit R# 14 Exhibit Nunley Depo.# 15 Exhibit Todtenhaupt Depo.# 16 Exhibit Boresi Depo.# 17 Exhibit Souders Depo.# 18 Exhibit Alexander Depo.# 19 Exhibit S# 20 Exhibit Johnson Depo.# 21 Exhibit Neikirk Depo.# 22 Exhibit Neikirk Aff.# 23 Exhibit Verification - Neikirk Aff.# 24 Exhibit 71)(Rowe, Susan) (Entered: 06/07/2004)
92 ORDER Motion to file under seal is hereby granted.. Signed by Judge Henry E. Autrey on 6/8/04. (MJM, ) (Entered: 06/09/2004)
93 MOTION to Seal Document by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Text of Proposed Order)(Rowe, Susan) (Entered: 06/09/2004)
94 NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company (Rowe, Susan) (Entered: 06/09/2004)
95 MOTION for Summary Judgment with respect to claims of Pltf Brandy Alexander by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/10/2004)

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06/09/2004 06/09/2004
06/09/2004 06/09/2004
06/09/2004 06/10/2004 06/14/2004 06/14/2004 06/14/2004
06/14/2004

SEALED DOCUMENT re [95] MOTION for Summary Judgment by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (MJM, ) (Entered: 06/10/2004)
96 MEMORANDUM in Support of Motion re [95] MOTION for Summary Judgment w/ exhibits a&b attached filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/10/2004)
SEALED DOCUMENT re [96] Memorandum in Support of Motion by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (MJM, ) (Entered: 06/10/2004)
97 STATEMENT of Uncontroverted Material Facts re [95] MOTION for Summary Judgment w/ exhs 1-22 attached filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/10/2004)
SEALED DOCUMENT re [97] Statement of Material Facts by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (MJM, ) (Entered: 06/10/2004)
Docket Text ORDER re 93 MOTION to Seal Document filed by MidAmerica Hotels Corporation, Northwest Development Company ; ORDERED Granted. Signed by Judge Henry E. Autrey on 6/10/04. (MJM, ) (Entered: 06/10/2004)
98 NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company Filing Under Seal: (Rowe, Susan) (Entered: 06/14/2004)
99 MOTION for Summary Judgment Re: Erin Bronskill's Claims by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/14/2004)
100 MEMORANDUM in Support of Motion re 99 MOTION for Summary Judgment Re: Erin Bronskill's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A)(Rowe, Susan) (Entered: 06/14/2004)
101 STATEMENT of Material Facts re 99 MOTION for Summary Judgment Re: Erin Bronskill's Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo.# 2 Exhibit Barker Affidavit# 3 Exhibit Barker Affidavit Cont'd# 4 Exhibit Verfification of Barker Affidavit# 5 Exhibit Bronskill Depo.# 6 Exhibit Barker Depo.# 7 Exhibit Kim Dorrough Depo.# 8 Exhibit Kraus Depo.# 9 Exhibit Mike Dorrough Depo.# 10 Exhibit Crane Depo.# 11 Exhibit Wehling Dep.# 12 Exhibit Lindsay Depo.# 13 Exhibit T# 14 Exhibit Johnson Depo.# 15 Exhibit P# 16 Exhibit Todtenhaupt Depo.# 17 Exhibit Buecker Depo.# 18 Exhibit Boresi Depo.# 19 Exhibit Souders Depo.# 20 Exhibit Alexander Depo.# 21 Exhibit Nunley Depo.# 22 Exhibit S# 23 Exhibit Neikirk Depo.# 24 Exhibit Neikirk Affidavit# 25 Exhibit Verification of Neikirk Affidavit# 26 Exhibit 71)(Rowe, Susan) (Entered: 06/14/2004)

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06/14/2004 06/14/2004 06/14/2004 06/14/2004 06/14/2004 06/14/2004 06/15/2004 06/15/2004 06/15/2004
06/15/2004 06/22/2004

102 MOTION for Summary Judgment With Respect to the Claims of Plaintiff Natoshia Hanneken by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/15/2004)
SEALED DOCUMENT re [102] MOTION for Summary Judgment by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (MJM, ) (Entered: 06/15/2004)
103 MEMORANDUM in Support of Motion re [102] MOTION for Summary Judgment w/ exhs A&B attached filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/15/2004)
SEALED DOCUMENT re [103] Memorandum in Support of Motion by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (MJM, ) (Entered: 06/15/2004)
104 STATEMENT of Uncontroverted Material Facts re [102] MOTION for Summary Judgment w/ exhs 1-21 attached filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 06/15/2004)
SEALED DOCUMENT re [104] Statement of Material Facts by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (MJM, ) (Entered: 06/15/2004)
105 MOTION for Summary Judgment Re: Mary Beth Souders' Claims by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 06/15/2004)
106 MEMORANDUM in Support of Motion re 105 MOTION for Summary Judgment Re: Mary Beth Souders' Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A)(Rowe, Susan) (Entered: 06/15/2004)
107 STATEMENT of Material Facts re 105 MOTION for Summary Judgment Re: Mary Beth Souders' Claims filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit Hale Depo# 2 Exhibit Barker Aff.# 3 Exhibit Barker Aff (Cont'd)# 4 Exhibit Verification of Barker Aff.# 5 Exhibit H# 6 Exhibit Barker Depo.# 7 Exhibit Souders Depo.# 8 Exhibit Neikirk Depo.# 9 Exhibit K Dorrough Depo.# 10 Exhibit Kraus Depo.# 11 Exhibit M. Dorrough Depo.# 12 Exhibit Crane Depo.# 13 Exhibit Wehling Depo.# 14 Exhibit Lindsay Depo.# 15 Exhibit T# 16 Exhibit Alexander Depo.# 17 Exhibit Boresi Depo.# 18 Exhibit Rowe Aff.)(Rowe, Susan) (Entered: 06/15/2004)
108 MEMORANDUM in Opposition re 90 MOTION to Compel Discovery filed by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Exhibit A)(Rowe, Susan) (Entered: 06/15/2004)
109 REPLY (to termed motion) re 90 MOTION to Compel Discovery filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Attachments: # 1 Exhibit Mike Dorrough Deposition Excerpt)(Vanadilok, Patavee) (Entered:

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06/22/2004 06/23/2004 06/23/2004 06/28/2004 07/01/2004 07/02/2004 08/12/2004
08/12/2004 08/12/2004 08/30/2004

06/22/2004)
110 AMENDED DOCUMENT by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. Amendment to 109 Reply (to termed motion), Reply (to termed motion) Certificate Service for Reply to Motion to Compel -- amended to reflect correct filing date of June 22, 2004. (Vanadilok, Patavee) (Entered: 06/22/2004)
111 MOTION for Leave to Substitute Corrected Copy of Brief by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Vanadilok, Patavee) (Entered: 06/23/2004)
112 REPLY (to termed motion) re 90 MOTION to Compel Discovery, 111 MOTION for Leave to Substitute Corrected Copy of Brief filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Attachments: # 1 Exhibit 1 Mike Dorrough Deposition Excerpt)(Vanadilok, Patavee) (Entered: 06/23/2004)
Docket Text ORDER re 111 MOTION for Leave to Substitute Corrected Copy of Brief filed by Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, Breanna Johnson ; ORDERED Granted. Signed by Judge Henry E. Autrey on 6/28/04. (MJM, ) (Entered: 06/29/2004)
113 MOTION to Seal Document by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rowe, Susan) (Entered: 07/01/2004)
Docket Text ORDER re 90 MOTION to Compel Discovery filed by Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, Breanna Johnson ; ORDERED DENIED HEA. Signed by Judge Henry E. Autrey on 7/2/04. (CLA, ) (Entered: 07/02/2004)
114 Joint MOTION for Extension of Time to File Response/Reply as to 99 MOTION for Summary Judgment Re: Erin Bronskill's Claims, 88 MOTION for Summary Judgment Re: Kirk's Claims, [102] MOTION for Summary Judgment, 78 MOTION for Summary Judgment Re: Johnson Claim, 105 MOTION for Summary Judgment Re: Mary Beth Souders' Claims, 84 MOTION for Summary Judgment Re: Nunley's Claims, [95] MOTION for Summary Judgment by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/12/2004)
115 ORDER Proposed order Motion to file under seal is hereby granted. Signed by Judge Henry E. Autrey on 8/12/04. (CLA, ) (Entered: 08/12/2004)
Docket Text ORDER re 114 99, 88, [102], 78 ; ORDERED : GRANTED response to motions for summary judgment due 8/30/04. Signed by Judge Henry E. Autrey on 8/12/04. (CEL, ) (Entered: 08/12/2004)
116 NOTICE by Defendants MidAmerica Hotels Corporation, Northwest Development Company of Filing Document Under Seal (Puzder, Andrew) (Entered: 08/30/2004)

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08/30/2004 08/30/2004 08/30/2004 08/30/2004 08/30/2004 08/30/2004 08/30/2004 08/30/2004

117 RESPONSE in Opposition re [95] MOTION for Summary Judgment Response To Defendants' Statement of Facts With Respect To Plaintiff Brandy Alexander filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/30/2004)
118 RESPONSE in Opposition re 99 MOTION for Summary Judgment Re: Erin Bronskill's Claims Response To Defendants' Statement Of Facts filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/30/2004)
119 RESPONSE in Opposition re [102] MOTION for Summary Judgment Response To Defendants' Statement Of Facts With Respect To Plaintiff Natoshia Hanneken filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/30/2004)
120 RESPONSE in Opposition re 78 MOTION for Summary Judgment Re: Johnson Claim Response To Defendants' Statement Of Facts filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/30/2004)
121 RESPONSE in Opposition re 88 MOTION for Summary Judgment Re: Kirk's Claims Response To Defendants' Statement Of Facts filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/30/2004)
122 RESPONSE in Opposition re 84 MOTION for Summary Judgment Re: Nunley's Claims Response To Defendants' Statement Of Facts filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/30/2004)
123 RESPONSE in Opposition re 105 MOTION for Summary Judgment Re: Mary Beth Souders' Claims Response To Defendants' Statement Of Facts filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Moench, William) (Entered: 08/30/2004)
124 MEMORANDUM in Opposition re 99 MOTION for Summary Judgment Re: Erin Bronskill's Claims, 88 MOTION for Summary Judgment Re: Kirk's Claims, [102] MOTION for Summary Judgment, 78 MOTION for Summary Judgment Re: Johnson Claim, 105 MOTION for Summary Judgment Re: Mary Beth Souders' Claims, 84 MOTION for Summary Judgment Re: Nunley's Claims, [95] MOTION for Summary Judgment filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders, Plaintiff Equal Employment Opportunity Commission. (Moench, William) (Entered: 08/30/2004)

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08/30/2004
08/30/2004 08/31/2004 09/01/2004 09/02/2004

125 STATEMENT of Material Facts re 105 MOTION for Summary Judgment Re: Mary Beth Souders' Claims, 84 MOTION for Summary Judgment Re: Nunley's Claims, 99 MOTION for Summary Judgment Re: Erin Bronskill's Claims, 88 MOTION for Summary Judgment Re: Kirk's Claims, [102] MOTION for Summary Judgment, 78 MOTION for Summary Judgment Re: Johnson Claim, [95] MOTION for Summary Judgment filed by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders, Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - March 8, 2004 Memorandum and Order# 2 Exhibit 2 - Plaintiff's Answers to Interrogatories# 3 Exhibit 3 Manager's Handbook# 4 Exhibit 4 - April 16, 2001 Memo from Jerry Barker# 5 Exhibit 5 - Signed Handbook Acknowledgments# 6 Exhibit 6 (Part 1) - Report of Investigation# 7 Exhibit 6 (Part 2) - Report of Investigation# 8 Exhibit 7 - Keegan Disciplinary Action Report# 9 Exhibit 8 - October 22, 2003 Order# 10 Exhibit 9 (Part 1) - Peerless Park Employee Roster# 11 Exhibit 9 (Part 2) - Peerless Park Employee Roster# 12 Exhibit 9 (Part 3) - Peerless Park Employee Roster# 13 Exhibit 9 (Part 4) - Peerless Park Employee Roster# 14 Affidavit of Brian Baybo and attached photograph# 15 Affidavit of Erin Kirk# 16 Affidavit of Jeanelle Wiley)(Moench, William) (Entered: 08/30/2004)
126 MOTION in Limine of Defendants Midamerica Hotels Corporation and Northwest Development Company w/ exhs a-g attached by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (FILED UNDER SEAL) (MJM, ) (Entered: 08/31/2004)
127 MOTION for Leave to File Attached Deposition Transcripts File Out Of Time by Intervenor Plaintiffs Brandy Alexander, Erin Bronskill, Natoshia Hanneken, Breanna Johnson, Erin Kirk, Rachel Nunley, Mary Beth Souders. (Attachments: # 1 Alexander Deposition Transcript# 2 Barker Deposition Transcript# 3 Bronskill Deposition Transcript# 4 Buecker Deposition Transcript# 5 Crane Deposition Transcript# 6 Kim Dorrough Deposition Transcript# 7 Mike Dorrough Deposition Transcript# 8 Hanneken Deposition Transcript# 9 Johnson Deposition Transcript# 10 Kintz Deposition Transcript# 11 Kirk Deposition Transcript# 12 Kraus Deposition Transcript# 13 Lindsay Deposition Transcript# 14 Neikirk Deposition Transcript# 15 Nunley Deposition Transcript# 16 Powers Deposition Transcript# 17 Souders Deposition Transcript# 18 Todtenhaupt Deposition Transcript# 19 Wehling Deposition Transcript)(Moench, William) (Entered: 08/31/2004)
Docket Text ORDER re 127 MOTION for Leave to File Attached Deposition Transcripts File Out Of Time filed by Brandy Alexander, Mary Beth Souders, Rachel Nunley, Erin Kirk, Natoshia Hanneken, Erin Bronskill, Breanna Johnson ; ORDERED Leave to File one day out of time is Granted. (Deposition transcripts filed in doc. #127 are filed and entered as attached affidavits and exhibits of Pltf's Stmt of Material Facts). Signed by Judge Henry E. Autrey on 9/1/04. (MJM, ) (Entered: 09/02/2004)
128 MOTION to Withdraw as Attorney for defendant MidAmerica Hotels Corporation, d/b/a Burger King ;attorney/firm Cherie Macdonald and Greensfelder, Hemker and Gale, P.C.. (Attachments: # 1 Proposed Order)(Macdonald, Cherie) (Entered: 09/02/2004)

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09/03/2004 09/09/2004 09/14/2004 10/08/2004
10/08/2004
10/21/2004 10/22/2004
12/06/2004 12/08/2004

Docket Text ORDER re 128 MOTION to Withdraw as Attorney for defendant MidAmerica Hotels Corporation, d/b/a Burger King ;attorney/firm Cherie Macdonald and Greensfelder, Hemker and Gale, P.C. filed by Greensfelder, Hempker & Gale, P.C., Cherie Macdonald ; ORDERED : GRANTED - Cherie MacDonald and Greensfelder, Henker & Gale shall be removed as counsel for deft.. Signed by Judge Henry E. Autrey on 9/3/04. (CEL, ) (Entered: 09/03/2004)
129 RESPONSE in Opposition re [126] MOTION in Limine Number One filed by Intervenor Plaintiff Brandy Alexander, Plaintiff Equal Employment Opportunity Commission. (Moench, William) (Entered: 09/09/2004)
130 ORDER It is hereby ordered that deft.'s mtn. in limine is granted [126] It is further ordered that all parties are prohibited from adducing evidence of or referring to the topics of pltff. Alexander having had an abortion or cervical cancer or HPV as a result of intercourse with deft. Kraus. Signed by Judge Henry E. Autrey on 9/14/04. (CLA, ) (Entered: 09/14/2004)
131 MOTION for Extension of Time to File Response/Reply as to 121 Response in Opposition to Motion,, 122 Response in Opposition to Motion,, 123 Response in Opposition to Motion,, 124 Memorandum in Opposition to Motion,,, 125 Statement of Material Facts,,,,,, 117 Response in Opposition to Motion,, 118 Response in Opposition to Motion,, 119 Response in Opposition to Motion,, 120 Response in Opposition to Motion, by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 10/08/2004)
Docket Text ORDER re 131 MOTION for Extension of Time to File Response/Reply as to 121 Response in Opposition to Motion,, 122 Response in Opposition to Motion,, 123 Response in Opposition to Motion,, 124 Memorandum in Opposition to Motion,,, 125 Statement of Materi filed by MidAmerica Hotels Corporation, Northwest Development Company ; ORDERED : GRANTED - defts granted until 10/22/04 to reply to pltffs' response to motions for summary judgment. Signed by Judge Henry E. Autrey on 10/8/04. (CEL, ) (Entered: 10/08/2004)
132 MOTION to Continue Trial Setting of December 6, 2004 and other dates set forth in the Court's Scheduling Order by Defendants MidAmerica Hotels Corporation, Northwest Development Company. (Rowe, Susan) (Entered: 10/21/2004)
133 ORDER IT IS HEREBY ORDERED the December 6, 2004 trial setting is vacated and all pending motions are denied without prejudice. IT IS FURTHER ORDERED counsel shall file, within forty five (45) days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. Failure to comply with this order shall result in the dismissal of this action with prejudice. Dismissal Paper(s) due by 12/8/2004.. Signed by Judge Henry E. Autrey on 10/22/04. (MJM, ) (Entered: 10/22/2004)
134 Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Stith, Rebecca) (Entered: 12/06/2004)
135 CONSENT DECREE IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED..SEE ORDER FOR DETAILS . Signed by Judge Henry E. Autrey on 12/7/04. (MJM, ) (Entered: 12/08/2004)

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136 NOTICE of Voluntary Dismissal by MidAmerica Hotels Corporation, Northwest Development Company (Rowe, Susan) (Entered: 12/08/2004)
Docket Text ORDER ;RE: [Doc. #136 Dismissal Memorandum] ORDERED Granted SO ORDERED. Signed by Judge Henry E. Autrey on 12/8/04. (MJM, ) (Entered: 12/09/2004)

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 Burger King Franchise Pays $400,000 for Alleged Sexual Harassment of...

http://www.eeoc.gov/press/12-6-04b.html

The U.S. Equal Employment Opportunity Commission
FOR IMMEDIATE RELEASE December 6, 2004

Contact: Lynn Y. Bruner District Director (314) 539-7830 Cell (913) 530-0394
Robert G. Johnson Regional Attorney (314) 539-7910
Rebecca S. Stith Senior Trial Attorney (314) 539-7917
Anne E. Gusewelle Senior Trial Attorney (913) 551-6641

BURGER KING FRANCHISE PAYS $400,000 FOR ALLEGED SEXUAL HARASSMENT OF TEENS

EEOC Lawsuit Said Female High School Students Subjected to Groping, Vulgar Sexual Comments, and Demands for Sex at Work
ST. LOUIS - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of a sexual harassment lawsuit against a Burger King franchise for $400,000 to be paid to seven female employees, in addition to significant remedial relief – including extensive training and policy revisions – pursuant to a proposed Consent Decree filed today with the federal court in St. Louis. The young women had worked at a Burger King restaurant in the St. Louis suburb of Peerless Park, Missouri.
The EEOC's lawsuit [No. 4:03CV107 HEA], under Title VII of the 1964 Civil Rights Act, alleged that in 2000 and 2001, restaurant manager Nathan Kraus subjected the female employees, six of whom were high school students, to repeated groping, vulgar sexual comments, and demands for sex. According to the EEOC, several of the young women complained to assistant managers at the restaurant as well as to a district manager, but no one took action to stop the harassment. None of the female employees had received training on how to make a sexual harassment complaint.
After enduring weeks of abuse by the restaurant manager, the EEOC said, several of the women finally learned how to file internal complaints with the corporate office. Following a brief company investigation, Kraus was allowed to resign and one of the assistant managers, although initially reprimanded, was later promoted to a restaurant manager position.
The EEOC filed the lawsuit against Midamerica Hotels Corporation and Northwest Development Company, both based in Cape Girardeau, Mo. Midamerica and Northwest, which are owned by the same family, together or separately operate approximately 38 Burger King restaurants in Missouri, Arkansas, Illinois, and Kentucky. The seven women intervened in the EEOC's lawsuit as individual plaintiffs.
Under the Consent Decree, which still must be approved by the court, Midamerica and Northwest have agreed to pay the victims a total of $400,000 in damages and attorneys' fees, and have further agreed not to rehire Kraus. In addition, the companies will conduct extensive sexual harassment training for management personnel, including eight hours of training for several upper-level managers, distribute the revised sexual harassment policy and procedure to all restaurant employees, and more prominently post an 800-number hotline for reporting harassment throughout their restaurants. For the two-year period of the Decree, the companies must report to the EEOC all internal complaints of sexual harassment involving employees at the Peerless Park restaurant. The seven women are represented by private attorneys William Moench and John Appelbaum.
Lynn Bruner, Director of the EEOC's St. Louis District Office, said, "This lawsuit could have been avoided if assistant managers and others had acted to stop the harassment when they first received complaints about the restaurant manager. We are pleased that the companies will compensate these young victims and

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provide extensive training to their staff on sexual harassment."
Noting that her office has handled numerous teen harassment cases in recent years, Bruner added, "We hope this case serves as an example of why employers must take prompt, effective steps to respond to employee reports of sexual harassment and other forms of unlawful discrimination, especially as it relates to young workers."
Due to an increasing number of teen harassment cases over the past few years, the Commission recently launched an unprecedented national outreach and public education initiative called "Youth@Work." The program is being implemented over the course of the next year at agency field offices nationwide to address issues of discrimination against teenage employees and to increase awareness of their employment rights and responsibilities. Information about the initiative is available on the agency's web site at http://www.eeoc.gov/initiatives/youth/index.html.
EEOC enforces Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; Title I of the Americans with Disabilities Act which prohibits disability discrimination against employees in the private sector and state and local governments; certain prohibitions in the Rehabilitation Act against discrimination affecting individuals with disabilities in the federal sector; and certain sections of the Civil Rights Act of 1991. Further information about the agency is available online at www.eeoc.gov.
This page was last modified on December 6, 2004.

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