IN THE UNITED STATES DISTRICT COURT-_ .._
FOR THE NORTHERN DISTRICT OF ILLI~I(~EC E IVED EASTERN DIVISION

ZAIDA ESPANA, VITALIA MERO, )

ROSELIA CASILDO and VIRGINIA MUNOZ on behalf

IF I.LE D CLERK, U,S, DISTR~CT COURT

of themselves and all others similarly )

situated,

) JUN ~, 5 200?_

Plaintiffs,

)
~MICHAEL W. DOBBINS

)
)
MIDWEST WIRE SPECIALTIES, INC., Defendant.

CASE #: 01 C 0210

Judge:

Pallmeyer

Magistrate: Schenkier

SECOND AMENDED COMPLAINT-CLASS ACTION Plaintiffs, on behalf of themselves and all others similarly situated, by their undersigned attorney, for their second amended complaint of discrimination and harassment against Defendant, state as follows:

PARTIES Plaintiff, ZAIDA ESPANA ("ESPANA"), is female and a resident of the state of Illinois.

Plaintiff, VlTALIA MERO ("MERO"), is female and a resident of the state of Illinois.

o Plaintiff, ROSELIA CASILDO ("CASILDO") is female and a resident of the state of Illinois.
Plaintiff, VIRGINIA MUNOZ ("MUNOZ") is female and a resident of the state of Illinois.
Defendant, MIDWEST WIRE SPECIALTIES, INC. ("MIDWEST"), is duly registered to conduct business in the state of Illinois.
At all times pertinent hereto, Defendant MIDWEST, has been engaged in an industry affecting commerce and has had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.
NATURE OF CASE The cause of action for Plaintiffs arise under Title VII of the Civil Rights Act, 42 U.S.C. Section 2000e, as amended.
Plaintiffs allege hostile environment sexual harassment, sex discrimination and retaliation against female employees, temporary employees, applicants for employment, and others that opposed discrimination.and sexual harassment. -..i,.

Plaintiffs bring this case on behalf of themselves and all others similarly situated, pursuant to Rule 23 (b)(2) and (b)(3) of the Federal Rules of Civil Procedure. The class consists of all female employees, temporary employees and applicants for employment, who have been employed or applied to be employed by Defendant on or after July 1, 1996 and who are subject to Defendant’s employment and human resources policies, including but not limited to current or former employees, and who have been, continue to be, or may in the future be, adversely affected by the Defendant’s practices. This case meets all the requirements of Rule 23: (a) the class is so numerous that joinder is impracticable; (b) the issues of law and fact applicable to the plaintiffs present questions of law and fact common to the class; (c) the claims of the plaintiffs are typical of the claims of the class; and (d) the plaintiffs will adequately and vigorously represent the interests of the class. The Defendant has acted and refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief with respect to the class as a whole. This class also meets the requirements of (b)(2) and (b)(3). Plaintiffs reserve the right to amend the definition of the class following discoveryl
10. Defendant employs a system of discriminatory decision-making in connection with work assignments, compensation, bonuses, overtime assignments and transfers that affects all female employees and female job applicants.
11. Plaintiffs on behalf of themselves and members of the class allege that Defendant’s

supervisors and managers subject female employees to a sexually charged and hostile work environment. Said supervisors and managers also condition the enjoyment of the ordinary benefits of employment on female employees’ submission to their sexual advances, touching and groping.
12. Plaintiffs on behalf of themselves and members of the class further allege that they were disciplined and/or terminated in retaliation for opposing sex discrimination and sexual harassment or rejecting sexual advances of Defendant’s supervisors. JURISDICTION AND VENUE This Court has jurisdiction over this matter based upon 42 U.S.C. 2000e, as amended.
14. Venue in the Northern District of Illinois is proper. The claim for relief arose in this state as required by 42 U.S.C. 2000e.
15. That after investigating the EEOC charge of Plaintiff, MERO, the EEOC concluded and issued a report as follows:
Charging Party alleges that she has been discriminated against on the basis of her sex, female, in violation of Title VII, in that she was sexually harassed by the Plant .Manager and by a co-worker. I have determined that the evidence obtained in the investigation establishes reasonable cause to believe that Respondent discriminated against Charging Party on the basis of her sex, in violation of Title VII. The evidence shows that the Plant Manager sexually harassed Charging Party. (Attached

As Exhibit A)
16. That after investigating the EEOC charge of Plaintiff, ESPANA, the EEOC concluded and issued a report as follows:
Charging Party alleges that she has been discriminated against on the basis of her sex, female, in violation of Title VII, in that she was sexually harassed by her supervisor and retaliated against for complaining about the harassment. I have determined that the evidence obtained in the investigation establishes reasonable cause to believe that Respondent discriminated against Charging Party on the basis of her sex, in violation of Title VII. The evidence shows that Charging Party’s supervisor sexually harassed her and that she was not returned to her position after she made a sexual harassment complaint. (Attached As Exhibit B)
17. Plaintiffs CASILDO and MUNOZ filed charges of discrimination with the Equal Employment Opportunity Commission ("EEOC") of the United States Government, and have requested and received Right-to-Sue Letters. (Said Charges and Right
to Sue letters are attached hereto as Exhibit C and D).
18. All conditions precedent have been fulfilled by each Plaintiff, including the filing of a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") of the United States Government, and a request and receipt of Right-toSue Letter. (Charges and Right to Sue letters of Espana and Mero are attached
hereto as Exhibit E).

COUNT I PATTERN AND PRACTICE ALLEGATIONS OF HOSTILE ENVIRONMENT SEXUAL HARASSMENT 19. That the preceding paragraphs are incorporated by reference here. Plaintiffs bring this count on their own behalf and on behalf of those similarly situated.
20. That ESPANA was hired by Defendant on or about June 6, 1996 as a machine operator.
21. That ESPANA was subsequently promoted to the position of welder supervisor.
22. That at times material herein, ESPANA was employed as a welder supervisor and subsequently demoted to a position in Defendant’s shipping department.
23. That ESPANA performed her assigned tasks in a satisfactory and conscientious manner according to Defendant’s standards.
24. That during her employment with Defendant, ESPANA was supervised by ROBERT ANZURES ("ANZURES"), Plant Manager.
25. That starting in January 1998 and continuing until November of 1998, ESPANAwas subjected to persistent sexual harassment by ANZURES.

26. That during said period, ANZURES would walk up behind ESPANA while she was welding and grab her waist with both hands or run one finger down her back approximately six (6) times per day.
27. That ESPANA would ask ANZURES to stop and back away from him to maintain her physical distance from him. In response, ANZURES would laugh and ask Plaintiff why she was "so chicken."
28. That on other occasions, ANZURES would approach ESPANA from behind and blow air in her ear.
29. That in addition, ANZURES made sexually explicit and suggestive comments to ESPANA, such as, "You look nice today" or "those pants look nice and tight on you," and would ask ESPANA "when will you accept an invitation to got out?" or"do you want to go get some coffee?"
30. That furthermore, ANZURES would ask that ESPANA take her sweater off so that he could see her blouse.
31. That in August of 1998, ESPANA witnessed the human resources manager, CHARLES SCHLISMANN ("SCHLISMANN"), with his penis exposed in front of

1
another female employee,Margarita (Last Name Unknown). SCHLISMANN grabbed a mask to cover his penis and ESPANA left the area.
32. That on November 10, 1998 while welding, ESPANA was approached by ANZU RES who asked her to help him search for some molding located on the second floor; ESPANA resisted but ANZURES insisted; ESPANA ultimately went with him to search for the molding. After they could not locate the molding and were coming down the stairs, ANZURES pushed ESPANA by the shoulders up against the wall, grabbed and attempted to kiss her mouth.
33. That ESPANA moved her head from one side to the other to prevent him from connecting with her mouth. Nevertheless, ANZURES was able to kiss her on the neck and cheeks.
34. That ANZURES only stopped and freed ESPANA after he observed another employee, Louis Terraza, in the area.
35. That ESPANA told ANZURES not to bother her again and to leave her alone. ESPANA also told him that she did not approve of his sexual overtures nor was she interested in having a personal relationship with him.
36. That ESPANA did not report ANZURES to the human resources manager,

SCHLISMANN, because he is also known for harassing female workers in the plant and because ESPANA’s sister previously reported the sexual harassment she [Claudia Espana] was going through in the hands of ANZURES and was ultimately retaliated against and constructively discharged.
37. That on November 24, 1998, ESPANA was transferred to the shipping department by ANZURES. Her salary was also reduced from $8.50 per hour to $8.00 per hour.
38. That ANZURES began requiring that ESPANA work alone on tasks that usually require two employees to accomplish. He further ostracized her, refused to permit other empfoyees to speak to her, denied her appropriate bonus pay and required her to perform very difficult, and sometime dangerous, jobs. He made her life miserable.
39. That ESPANA questioned her demotion and salary reduction with SCHLtSMANN. He promised ESPANA that she would return to her former position within two weeks.
40. That ESPANA was never transferred back to her welding supervisor position. Instead, ESPANA was replaced by Estela Garcia who is known to be ANZURES’ girlfriend.

41. That Plaintiff, MERO, was hired by Defendant in March 1996 as a packer.
42. That during her employment, MERO performed her assigned tasks in a satisfactory and conscientious manner according to Defendant’s standards.
43. That starting about May 1997 and continuing until about March 30, 199M9E, RO was subjected to persistent sexual harassment by SCHLtSMANN.
44, That SCHLISMANN would tell MERO: "1 tike you" or"l would like to go out with you" approximately three (3) to four (4) times per week.
45. That SCHLISMANN made further comments such as: "1 like your mouth", "1 like your hands" or "1 like how you painted your nails."
46. That about June 1998, MERO was returning to her work area from a bathroom break when SCHUSMANN grabbed, kissed and placed his tongue in her mouth while groping her buttocks.
47. That a co-worker, JOHNNY COMER ("COMER"), witnessed MERO struggling to break free from SCHLISMANN. COMER complained to SCHLISMANN that he [SCHLISMANN] should not be doing that to MERO.
10

48. That afraid that COMER would report the incident, SCHLISMANN paid COMER two hundred dollars ($200) to keep him from reporting.
49. That in or about October 1998 while MERO was on break reading a book, SCHLISMANN came up behind her, kissed her neck and asked "what are you reading?"
50. That on March 11, 1999, a co-worker, FARON SOTH ("SOTH"), asked MERO if she wanted to have sex with him and Miguel (last name unknown). MERO reported said sexual harassment to the immediate supervisor, Jim (last name unknown). On the same day, SCHLISMANN told her to write a complaint about SOTH which she complied with.
51. That on March 18, 1999, SCHLISMANN used the matter of SOTH’s sexual harassment as a pretext to approach MERO. He asked if everything was all right and then attempted to kiss MERO.
52. That as a result of Plaintiff’s reiection of SCHLISMANN’s sexual advances, she was denied bonuses that she was otherwise entitled to.
53. That MUNOZ was hired by Defendant on or about June 1999, as a welder.

¸54. That MUNOZ performed her assigned tasks in a satisfactory and conscientious manner according to Defendant’s standards.
55. That during her employment with Defendant, MUNOZ was supervised by ROBERT ANZURES ("ANZURES"), Plant Manager.
56. That starting in 2000 and continuing, MUNOZ was subjected to persistent sexual harassment by AN..Z...~BE.~.i .......... ::,...: ..... :. :..
57. That during said period, ANZURES would repeatedly make sexually explicit comments to MUNOZ. He would say: "1 like sex in different colors and flavors" and would like to have oral sex with you and in different positions and different angles."
58. That on one occasion, ANZURES stated to MUNOZ "if we were taking a shower together and you dropped the soap and bent down to pick it up, I would take advantage."
59. That on several occasions, MUNOZ was asked by ANZURES if she wanted to go to his apartment to have sex with him. Later on, ANZURES would ask MUNOZ "What happened, have you dec~ded, in connection with the earlier request for sex.
12

60. That in response to one of these requests, MUNOZ told ANZURES that he had a girlfriend and asked him "why are you doing this to me?" ANZURES told MUNOZ that he was not getting alorig with his girlfriend

!

61. That MUNOZ rejected ANZURES’ advances on several occasions.

i

62. That after these rejections, ANZURES then asked MUNOZ to go out with Rafael

(LNU), one of Defendant’s supervisors.

¯
1
.i

That ANZURES told Rafael to ask MUNOZ out on a date.
64. That Rafael then asked MUNOZ out on a date. 65. That MUNOZ refused Rafael’s advances and ANZURES’ request that she date
Rafael.

That following MUNOZ’s rejections of ANZURES and Rafael, her work was sabotaged. Her work equipment was set up so that the pieces would come out defective.

67. That when her machine was producing defective pieces, MUNOZ was called into a meeting with CHARLES SCHLISMANN ("SCHLISMANN"), ANZURES and others
]3

and chastised.

68. That SCHLISMANN told MUNOZ that they.n0, longer needed.her services because the quatity of the work she produced was below standard. MUNOZ replied that if that was the case, they would also need to fire the set-uP man as he came around every hour and signed off on the quality of the work she produced.

69. That on that same occasion, SCHLISMANN then told her she could continue to work for the company, but that if she continued to produce sub-standard pieces, she would be terminated.

That MUNOZ was not allowed to work overtime. MUNOZ usually only worked overtime when those who were routinely given overtime by ANZURES did not want to work it.

; ¯ ¯

,;

.

! .~ .’./~’::!’..

71. That when MUNOZ asked ANZURES why he refused to give her overtime, he

stated that it was because she was not "kind.’~ In other words MUNOZ was no

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given overtimeby ANZURES becauseshe would not give in to his or Rafael’s

sexual advances.

72. That beginning on or about June 2001 until August 2001, ANZURES made sexually explicit comments to MUNOZ like: "You look good" and "you’re getting better" two
14

(2) or three (3) times per day.
73. That while making these comments, ANZURES made hand gestures referring to MUNOZ’s buttocks and breasts.
74. That ANZURES openly made sexually offensive jokes on a daily basis
75. That ANZURES openly made comments derogatory to women on a daily basis.
That MUNOZ overheard ANZURES make sexually explicit comments to temporary female workers. For example: "1 am single and so are you, maybe we should go
out.
77. That on another occasion, MUNOZ sawANZURES grab Bertha Santana’s buttocks.
78. That CASILDO was hired by Defendant on or about July 1999 to work in the welding department.
79. That CASILDO performed her assigned tasks in a satisfactory and conscientious manner according to Defendant’s standards.
80. That during her employment with Defendant, CASILDO was supervised by MARTIN

BARRIENTOS ("BARRIENTOS").
81. That during her employment with Defendant,¯ CASILDO observed BARRIENT touch female employees who worked under him on a regular basis. He touched them and felt their arms and kissed them in a sexual manner.
82. That CASILDO observed BARRIENTOS touch at least three subordinate females in a sexual manner on an on-going basis at least five (5) times per day. BARRIENTOS would kiss their lips and generally touch and grab them as he saw fit. On some occasions, he would disappear with subordinate female workers to closed areas of the company such as the shipping or tool room.
83. That CASILDO observed BARRIENTOS touch the following employees in a sexual manner: Marina Marin, and Evelyn (LNU).
84, That BARRIENTOS routinely dated new female subordinates.
85. That on one ocassion, CASILDO saw SCHLISMANN lift and twirl a female subordinate named Lidia (LNU) in his office. SCHLISMANN then grabbed a flashlight and flashed it into her eyes.
86. That on one occasion CASILDO asked David MARRERO for help with her car.

MARRERO stated that he would help her if she went for a ride with him somewhere.

87.

That

CASfLDO ignored MARRER~’s request . .

" . :" -,.’:~’" "f ,;: .’.."~i~";".’~’:’’~"~.":’~" ~.’:.’.’~ i~’.’. ".’~ ...~.:r.,’.’=~ " ,’. "

to .go

for .a

ride

w" ith

him.

MARRERO

then complained to SCHLtSMANN that CASILDOwas not doing her job.

88. That Defendant and their supervisors routinely make job assignments harder on female sub-ordinates who reject their sexual advances. Females who submit to these sexual advances are given easier, lighter workloads.

89. That as a result of her refusal to submit to these sexual advances, CASILDO was assigned jobs that were extremely difficult and as a result CASILDO was injured and taken to hospital.

90. That when CASILDO told SCHLISMANN that she would speak with the owner, SCHLISMANN responded that CASILDO could not as he was the one who took care of the problems.

91. That about April or May, 2000, MARTIN (LNU) insinuated that he wanted to be with CASILDO.

92. That on that same day, MARTIN told her he needed to show her what tools she would need for her work.

93. That on that same occasion, CASILDO accompanied MARTIN downstairs where he
kissed her and placed her hand on his penis.
94. That CASILDO reported this to SCHLISMANN, however no action was taken as a
result of her complaints.
95. That on an ongoing basis since 1996, Defendant’s agents and supervisors have
subjected Plaintiffs and other female employees to inferior working conditions and
a hostile, offensive, denigrating and oppressive work environment. For example:
ANZURES would on a daily basis touch and grab female subordinates’ buttocks, breasts, intimate apparel and other articles of clothing such as blouses.
On an on-going basis, ANZURES would touch and grab numerous subordinate female employees in a sexual manner, including: Zaida Espana, Bertha Santana, Ofefia Orea, Olga Rodriguez, Gaby (LNU), Rosa’s sister (LNU), Martha Juarez, Brenda (LNU), Gabriella (LNU), Estella Garcia, Noemi Moreno, Margarita Ramos, Yolanda Zamora and Orafia Hernandez.
That on an on-going basis, ANZURES would grab, feel and touch said subordinate females’ thighs, vagina areas, breasts, buttocks, underwear, and private parts as he saw fit.
That ANZURES would touch and grab these females openly on a daily basis sometimes up to three times per day.
Eo That similarfy, SCHLISMANN has touched the following women in a sexual manner: Vitalia Mero and Bonita Reese.
Fo ANZURES would routinely sexually assault various female subordinates on an ongoing basis.

ANZU RES further demeaned female subordinates by making sexually offensive and sexually degrading comments such as: ".You look so good"; "No fucking women has not let herself be touched. There are no exceptions. I do what I want with them (referring to women). They had to let themselves be touched" ; and "Let’s go out?"
ANZURES makes these and such other statements to female subordinates in the presence of co-workers. That Barrientos would touch and kiss female subordinates in a sexual manner on an on-going basis at least five (5) times per day. He would kiss their lips and touch and grab them. as he saw fit.
Barrientos on some occasions disappeared with subordinate female employees to closed areas of the company.
Ko Barrientos touched Marina Marin and Evelyn (LNU) in a sexual manner.
Lo Further, Barrientos routinely dates new female subordinates.
97. That from at least 1996 to the present, Defendant has engaged in a discriminatory pattern and practice against females in that Defendant would condition various terms and conditions of employment on the submission or non-submission to the
sexual advances of its supervisors. In other words, Defendant would give better
employment benefits to those females who either submit or acquiesce to its supervisors’ sexual advances and touching while denying similar benefits to those females who openly resist such advances.
98. That Defendant, through ANZURES, BARRIENTOS, SCHLISMANN and others, would condition female employees’ enjoyment of normal employment benefits on

their submission to sexual advances. For example:
Defendant assigns more overtime hours to female subordinates who do not openly resist Defendant’s supervisors’ sexual advances and touching. Those females who refuse to "play" with Defendant’s supervisors would be assigned less or no overtime until they agree to "play" with Defendant’s supervisors.
Similarly, female subordinates who do not openly resist Defendant’s supervisors’ sexual advances and touching are assigned lighter and better tasks. Those females who openly resist are assigned heavier work and dirty machines ..........
Defendant engages in a similar practice with respect to the distribution of normal bonuses, favoring those females who do not openly resist the sexual advances and touching by Defendant’s supervisors.
Defendant would give better, higher wage and easier job assignments to those female subordinates who do not openly resist sexual advances or permit Defendant’s supervisors to touch them; Defendant would demote those female subordinates who openly reject sexual advances of its supervisors.
With respect to temporary employees, Defendant would favor and retain those temporary female employees who submit to its supervisors’ sexual advances while terminating or refusing to retain those who reject such advances or touching.
99. That female employees that refuse to submit to Defendant’s sexual advances or
speak against sexual harassment were retaliated against through unjustified
disciplinary actions, inferior job tasks and/or termination.
100. That Defendant practiced a pattern of discriminatorily hiring temporary workers to
full time positions and/or not calling back or terminating those temporary workers
who refuse to submit to the sexual advances of Defendant’s supervisors, especially
20

ANZURES.
101. That Defendant condoned sexual harassment and failed to maintain a harassmentfree work environment by failing to provide adequate training, counseling, and instructions to its employees, officers, and supervisors with respect to sexual harassment of female employees.
102. That Defendant condoned sexual harassment and failed to maintain a harassment free work environment by failing to employ an effective anti-sexual harassment policy with respect to its employees, agents and supervisors.
103. That Defendant failed to maintain a harassment free work environment by failing to take effective corrective action against its supervisors after it became aware that they were making unwelcome sexual advances toward female subordinates who worked for them and were sexually harassing and assaulting them on an ongoing basis.
104. That Defendant’s treatment of Plaintiffs and those similarly situated was motivated by evil motive and intent and was in reckless and callous indifference to the federally protected rights of Plaintiffs and those similarly situated.
105. That the sexual harassment that Plaintiffs and those similarly situated were 2t

subjected to in the hands of the Defendant, its agents, representatives and employees was persistent in nature, unwelcome, extremely offensive, humiliating and had the effect of creating a hostile and intimidating work environment for Plaintiffs and the class.
106. That as a result of these failures by Defendant, its supervisors continued to use their authority to force unwelcome sexual advances, offensive conduct and assault on Plaintiffs and numerous other subordinate females on an ongoing basis.
107. That as a direct and proximate result of said unlawful employment practices and disregard for rights of Plaintiffs and those similarly situated, they have lost and will continue to loose substantial income, including but not limited to wages, fringes, pension, seniority benefits, and other employment benefits that are due them.
108. That as a further direct and proximate result of said unlawful employment practices, Plaintiffs and those similarly situated have suffered the indignity of discrimination, the invasion of their rights to be free from discrimination and great humiliation which is manifest in physical illnesses and emotional stress on the relationships between the victims and their friends and family.
109. That as a further direct and proximate result of said unlawful employment practices, Plaintiffs and others similarly situated have suffered extreme mental anguish,

outrage, severe anxiety about their future and their ability to support themselves,
harm to their employability and earning capacity, painful embarrassment among
friends and co-workers, damage to their reputations, disruption of their personal
lives, and loss of enjoyment of the ordinary pleasures of life.....
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs and the class respectfully request that the Court provide the following equitable and legal relief:
A. Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;
B. Certify this case as a class action;
Co Enter judgment that Defendant’s acts and practices as set forth herein are in violation of the laws of the United States;
Enter a preliminary and permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment;
Award Plaintiffs and the class appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Fo Award Plaintiffs and the class costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Go Award Plaintiffs and the class a judgment against Defendant for compensatory damages;
Grant judgment against Defendant for punitive damages forwillful and wanton conduct;
Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination
23

from Defendant’s organization;

J, Grant such other and further relief as this court deems just and

proper........:

. ........

COUNT ii PATTERN AND PRACTICE ALLEGATIONS OF QUID PRO QUO SEXUAL HARASSMENT AND
SEX DISCRIMINATION

110. That the preceding paragraphs are incorporated by reference here. Plaintiffs bring this count on their own behalf and on behalf of those similarly situated.

111. That Defendant’s conduct in harassing and mistreating Plaintiffs and those similarly situated amounts to quid pro quo sexual harassment in violation of the law.

112. That Defendant’s inferior treatment of Plaintiffs and those similarly situated with respect to overtime, bonuses, job assignments, assignment of heavier work loads and termination amount to illegal discrimination based on sex discrimination.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs and those they represent respectfully request that the Court provide the following equitable and legal relief:
Ao Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;
B. Certify this case as a class action;
Co Enter judgment that Defendant’s acts and practices as set forth herein are in violation of the taws of the United States;
24

Enter a preliminary and permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment;

Award Plaintiffs and the class appropriate back-pay, reinstatement,
future earnings, loss of earning, capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest; :

F= Award Plaintiffs and the class costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;

Award Plaintiffs and the class a judgment against Defendant for compe_n..satory ¯damages;
Gran{j~i~~t’~~i~i Defend~nt for punitive damages for willful and wanton conduct; ..........

Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization;

Grant such other and further relief as this court deems just and

proper.

¯ ¯ ¯

PATTERN AND PRACTICE ALLEGATIONS OF RETALIATION

113. That the preceding paragraphs are incorporated by reference here. ESPANA and CASILDO bring this count on their own behalf and on behalf of those similarly situated.

114. That Defendant’s conduct in harassing and mistreating Plaintiffs, ESPANA, CASILDO and those similarly situated was a result of the assertion of their civil rights and opposition of discriminatory conduct.
25

115. That Defendant’s inferior treatment of females for rejecting it’s supervisors
sexual advances amounts to retaliation in violation of the law.
PRAYER FOR RELIEF
WHEREFORE, ESPANA, CASILDO and those they represent respectfully request that the Court provide the following equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable.date and .cause this case to be expedited in every possible way;
Certify this case as a class action;
Enter judgment that Defendant’s acts and practices as set forth herein are in violation of the laws of the United States;
Enter a preliminary and permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment;
Eo Award ESPANA, CASILDO and the class appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Fo Award ESPANA, CASILDO and the class costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Award ESPANA, CASILDO and the class a judgment against Defendant for compensatory damages;
Grant judgment against Defendant for punitive damages for willful and wanton conduct;
Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organizations;

Grant such other and further relief as this court deems just and proper..
COUNT IV - ZAIDA ESPANA’S HOSTILE ENVIRONMENT SEXUAL HARASSMENT CLAIM : . :::::: "
116. That Plaintiff, ESPANA, incorporates the preceding paragraphs by reference
here. Plaintiff brings this count individually.
117. That Defendant’s conduct amounts to hostile environment sexual harassment of
ESPANA in violation of the law.
PRAYER FOR RELIEF
WHEREFORE, ESPANA respectfully requests that the Court provide the following equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;
Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment;
Award ESPANA appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Award ESPANA costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Eo Award ESPANA a judgment against Defendant for compensatory damages;
Grant judgment against Defendant for punitive damages forwillful and wanton conduct;
Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination

from Defendant’s organizations;

Grant such other and further retief as this court deems just and

proper.

: .

’

COUNT V COMPLAINT OF ZAIDA ESPANA FOR QUID PRO QUO SEXUAL HARASSMENT
AND SEX DISCRIMINATION

118. ESPANA incorporates the preceding paragraphs by reference here. Plaintiff brings this count individually.

119. That Defendant’s conduct in harassing and mistreating Plaintiff, ESPANA, amounts to quid pro quo sexual harassment in violation of the law.

120. That Defendant’s conduct in harassing and mistreating Plaintiff, ESPANA, further amounts to sex discrimination in violation of the law.

PRAYER FOR RELIEF
WHEREFORE, ESPANA respectfully requests that the Court provide the following equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;
Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment; .
C. Award ESPANA appropriate back-pay, reinstatement, future earnings,

loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest; Award ESPANA costs of litigation, including reasonable attorneys’ fees and expert fees and expenses; Award ESPANA a judgment against Defendant for compensatory damages; ....... Grant judgment against Defendant for punitive damages for willful and wanton conduct; Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization; Grant such other and further relief as this court deems just and proper,
COUNT Vl COMPLAINT OF ZAIDA ESPANA FOR RETALIATION 121. ESPANA incorporates the preceding paragraphs by reference hereP. laintiff brings this count individually.
122. That Defendant’s conduct in harassing and mistreating Plaintiff, ESPANA, was a result of Plaintiff’s assertion of her civil rights and her opposition of conduct which ESPANA in good faith believed to be sex discrimination and sexual harassment.
123. That Defendant’s treatment of Plaintiff amounts to retaliation in violation of the law. PRAYER FOR RELIEF
WHEREFORE, ESPANA respectfully requests that the Court provide the following equitable and legal relief:

Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every PoSsible way; Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment.; Award ESPANA appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest; Award ESPANA costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Award ESPANA a judgment against Defendant for compensatory damages; Grant judgment against Defendant for punitive damages for willful and wanton conduct; Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization; : Grant such other and further relief as this court deems just and proper.
COUNT VII - VITALIA MERO’S CLAIM FOR HOSTILE ENVIRONMENT SEXUAL HARASSMENT
124. MERO incorporates the preceding paragraphs by reference here. Plaintiff brings
this count individually.
125. That Defendant’s conduct amounts to hostile environment sexual harassment of
MERO in violation of the law.
3O

PRAYER FOR RELIEF
WHEREFORE, MERO, respectfully requests that the Court provide the following equitable and legal relief:
Ao Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in very possible way;
Order a permanent injunction prohibiting Defendant, MIDWEST, from further acts of sex discrimination and sexual harassment;
Award MERO appropriate back-pay, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Award MERO costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Eo Award MERO a judgment against Defendant for compensatory damages;
Grant judgment against Defendant, MIDWEST, for punitive damages for willful and wanton conduct;
Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organizations;
Grant such other and further relief as this court deems just and proper.
COUNT VIII COMPLAINT OF VITALIA MERO FOR QUID PRO QUO SEXUAL HARASSMENT
AND SEX DISCRIMINATION
126. MERO incorporates the preceding paragraphs by reference here.Plaintiff brings
this count individually.

I

127. That Defendant’s conduct in harassing and mistreating Plaintiff, MERO, amounts to quid pro quo sexual harassment in violation of the law.

128. That Defendant’s conduct in harassing and mistreating Plaintiff, MERO, further

amounts to sex discrimination in violation ofthe law.

¯ : .......~ .. .~ .. .- ¯.

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PRAYER FOR RELIEF

WHEREFORE, MERO respectfully requests that the Court provide the following equitable and legal relief:

A. Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every
possible way;

Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment;

Award MERO appropriate back pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;

Award MERO costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;

Award MERO a judgment against Defendant for compensatory damages;

Grant judgment against Defendant for punitive damages forwillful and wanton conduct;

Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization;

Grant such other and further relief as this court deems just and proper.

32

COUNT IX COMPLAINT OF VITALIA MERO FOR RELATIALTION
129. MERO incorporates the preceding paragraphs by reference hereP. laintiff brings this count individually.
130. That Defendant’s conduct in harassing and mistreating Plaintiff, MERO, was a result of Plaintiff’s assertion of her civil rights and her opposition of conduct which MERO in good faith believed to be sex discrimination and sexual harassment.
131. That Defendant denied Plaintiff appropriate bonuses in retaliation for opposing discrimination.
132. That Defendant’s treatment of Plaintiff amounts to retaliation in violation of the law.
PRAYER FOR RELIEF WHEREFORE, MERO respectfully requests that the Court provide the following equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way; Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment.; Award MERO appropriate back-pay, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
33

Award ME RO costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Award MERO a judgment against Defendant for compensatory damages;
Fo Grant judgment against Defendant for punitive damages for willful and wanton conduct; Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization;
Grant such other and further relief as this court deems just and proper.
COUNT X - ROSELIA CASILDO’S CLAIM FOR HOSTILE ENVIRONMENT SEXUAL HARASSMENT
133. CASILDO incorporates the preceding paragraphs by reference here. Plaintiff brings
this count individually.
134. That Defendant’s conduct amounts to hostile environment sexual harassment of
CASILDO in violation of the law.
PRAYER FOR RELIEF
WHEREFORE, CASILDO, respectfully requests that the Court provide the following equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in very possible way;
Order a permanent injunction prohibiting Defendant, MIDWEST, from further acts of sex discrimination and sexual harassment; C. Award CASILDO appropriate back-pay, future earnings, loss of
34

earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest; Award CASILDO costs of litigation, including reasonable attorneys’ fees and expert fees and expenses; Award CAStLDO a judgment against Defendant for compensatory damages; . ... .. ¯ ¯ .. Fo Grant judgment against Defendant, MIDWEST, for punitive damages for willful and wanton conduct; Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organizations; Grant such other and further relief as this court deems just and proper,
COUNT XI COMPLAINT OF ROSELIA CASILDO FOR QUID PRO QUO SEXUAL HARASSMENT
AND SEX DISCRIMINATION
135. CASlLDO incorporates the preceding paragraphs by reference here. Plaintiffbrings this count individually.
136. That Defendant’s conduct in harassing and mistreating Plaintiff, CAS ILDO, amounts to quid pro quo sexual harassment in violation of the law.
137. That Defendant’s conduct in harassing and mistreating Plaintiff, CASILDO, further amounts to sex discrimination in violation of the law. PRAYER FOR RELIEF WHEREFORE, CASlLDO respectfully requests that the Court provide the following
35

equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;
Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment;
Award CASlLDO appropriate back pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Award CASILDO costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Award CASILDO a judgment against Defendant for compensatory damages;
Grant judgment against Defendant for punitive damages for wilfull and wanton conduct.
Enter an order requiring Defendant to implement.effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization;
Grant such other and further relief as this court deems just and proper.
COUNT Xll COMPLAINT OF ROSELIA CASILDO FOR RETALIATION
138. CASILDO incorporates the preceding paragraphs by reference here. Plaintiffbrings
this count individually.
139. That Defendant’s conduct in harassing and mistreating Plaintiff, CASILDO, was a
result of Plaintiff’s assertion of her civil rights and her opposition of conduct which
CASILDO in good faith believed to be sex discrimination and sexual harassment.
36

140. That on January 21 2002, CASILDO submitted an affidavit in support of the sexual harassment class complaint of Espana v. Midwest Wire S.pecialties, Inc., case number 01 C 0210. (Affidavit of support attached asExhibit F)
141. That CASILDO was given heavier and harder work assignments as a result of submitting said affidavit of support.
142. That on January 29, 2002, CASILDO was directed to speak with Marina Marin; however CASILDO refused to speak with Marina as she was suspicious of Marina’s reasons for wanting to speak with her.
143. That Marina then came over to CASILDO’s work station and grabbed CASILDO’s neck and hair and pulled her down to the ground in the presence of her supervisor, EDUARDO (LNU) and LYDIA (LNU).
144. That Esperanza called the police.
145. That CASILDO was arrested based on the false statements of EDUARDO, LYDIA, DAVID MARRERO, DIOGENES MARRERO and other co-workers who were present.
37

146. That the above mentioned employees conspired to assault CASILDO and make a false police report against her.
147. That as CASILDO was escorted from the premises by the police, LYDIA (LNU) yelled "Now you can go talk to your attorney" while laughing at CASILDO.
148. That on February 8, 2002 CASILDO was terminated for the stated reason that she attacked another co-worker.
149. That Defendant failed to provide CASILDO with the name of the witness who could verify that she was not the aggressor.
150. That similarly situated co-workers, Olga Rodriguez and Roberto Anzures who also attacked co-workers were not terminated by Defendant.
151. That CASILDO was subjected to physical abuse, false police reports, arrest and false criminal charges.
152. That Defendant’s inferior treatment of females for rejecting it’s supervisors sexual advances amounts to retaliation in violation of the law,
153. That Defendant denied Plaintiff appropriate bonuses and overtime in retaliation for 38

opposing discrimination.
154. That Defendant’s treatment of Plaintiff amounts to retaliation in violation of the law.
PRAYER FOR RELIEF
WHEREFORE, GAS ILDO respectfully requests that the Court provide the following equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;.
Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment.;
C= Award CASILDO appropriate back-pay, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Award CASILDO costs of ]itigation, including reasonable attorneys’ fees and expert fees and expenses;
Award CASILDO a judgment against Defendant for compensatory damages; ¯
Grant judgment against Defendant for punitive damages for willful and wanton conduct;
Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization;
No Grant such other and further relief as this court deems just and proper.
COUNT Xill -VIRGINIA MUNOZ’S HOSTILE ENVIRONMENT SEXUAL HARASSMENT CLAIM

155. That Plaintiff, MUNOZ, incorporates the preceding paragraphs by reference here.
Plaintiff brings this count individually.
.... 156. ....... Tl~at Defendantis Conduct amounts to hostile environment sexual harassment of
MUNOZ in violation of the law.
PRAYER FOR RELIEF
WHEREFORE, MUNOZ respectfully requests that the Court provide the following equitable and legal relief:
Ao Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;
Bo Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment; Award MUNOZ appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Award MUNOZ costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Eo Award MUNOZ a judgment against Defendant for compensatory damages;
Grant judgment against Defendant for punitive damages forwillful and wanton conduct; Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organizations;
Grant such other and further relief as this court deems just and proper.
40

COUNT XIV COMPLAINT OF VIRGINIA MUNOZ FOR QUID PRO QUO SEXUAL HARASSMENT
AND SEX DISCRIMINATION 157. MUNOZ incorporates the preceding paragraphs by reference here. Plaintiff brings
this count individually.
158. That Defendant’s conduct in harassing and mistreating Plaintiff, MUNOZ, amounts to quid pro quo sexual harassment in violation of the law.
159. That Defendant’s conduct in harassing and mistreating Plaintiff, MUNOZ, further
amounts to sex discrimination in violation of the law.
PRAYER FOR RELIEF WHEREFORE, MUNOZ respectfully requests that the Court provide the following equitable and legal relief:
Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way;
Order a permanent injunction prohibiting Defendant from further acts of sex discrimination and sexual harassment; Award MUNOZ appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest; Award MUNOZ costs of litigation, including reasonable attorneys’ fees and expert fees and expenses; "
Award MUNOZ a judgment against Defendant for compensatory damages;

Fo Grant judgment against Defendant for punitive damages for willful and wanton conduct;

G. Enter an order requiring Defendant to implement effectJve steps to
eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization;

....

14. Grant such other and further relief as this court deems just and

proper.. ¯ .......

COUNT XV COMPLAINT OF VIRGINIA MUNOZ FOR RETALIATION
160. MUNOZ incorporates the preceding paragraphs by reference here. Plaintiff brings
this count individually.

161. That Defendant’s conduct in harassing and mistreating Plaintiff,. MUNOZ was a result of Plaintiff’s assertion of her civil rights and her opposition of conduct which MUNOZ in good faith believed to be sex discrimination and sexual harassment.

162. That Defendant’s treatment of Plaintiff amounts to retaliation in violation of the law.
PRAYER FOR RELIEF WHEREFORE, MUNOZ respectfully requests that the Court provide the following equitable and legal relief: ............ ¯ .....
A. Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way; Order a permanent injunction prohibiting Defendant from further acts of sex dis,.crimination and sexual harassment.;
42

Award MUNOZ appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest;
Do Award MUNOZ costs of litigation, including reasonable attorneys’ fees and expert fees and expenses;
Award MUNOZ a judgment against Defendant for compensatory damages;
Fo Grant judgment against Defendant for punitive damages forwillful and wanton conduct;
Enter an order requiring Defendant to implement effective steps to eliminate sex discrimination and sexual harassment discrimination from Defendant’s organization;
Grant such other and further relief as this court deems just and proper.

06209522 ASONYE & ASSOCIATES 11 South LaSalle Street, Suite 2140 Chicago, Illinois 60603
(312) 795-9110

RESPECTFULLY SUBMITTED, Zaida Espana, Vitalia Mero, Roselia Casildo, ,
Virginit I~,~P~:0 By:
Uche O. Asonye Their Attorney

43

JURY DEMAND
NOW COME Plaintiffs, by counseal nd hereby demand a trial by jury in the above entitled
cause of action.
RESPECTFULLY SUBMITTED, ZAIDA ESPANA, VITALIA MERO, ROSELIA CASILDO, VIRGINIA MUNOZ By: The~ A(~t’to~r~Yye .~

06209522 ¯ .......................... ASONYE & ASSOCIATES 11 South LaSalle Street " Suite 2140 ’ ......... ¯ ...........
Chicago, Illinois 60603 " ..(3~12) 795-9110.

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44

/See Case

 
 Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 1 of 15

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

§; EASTERN DIVISION

JUL 2 9 2{OD}0

6 1 __ ZAIDA ESPANA and VITALIA MERO, )

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Plaintiffs,

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C'-...& en (.)

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Case No. 01 C 0210

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Judge Rebecca R. Pallm€ijlOll"

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MID-WEST WIRE SPECIALTIES, INC., )

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Defendant.

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§ Magistrate

Judge

Sidneyh~c'henk-i,er

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JOINT MOTION TO CONDITIONALLY CERTIFY SETTLEMENT CLASSES, AND PRELIMINARILY APPROVE PROPOSED SETTLEMENT

Plaintiffs Zaida Espana and Vitalia Mero and Defendant Mid-West Wire Specialties,

Inc. ("MWWS") here jointly move for conditional certification oftwo classes for settlement

purposes, and preliminary approval by the Court oftheir settlement agreement. The parties

also request that Plaintiffs be permitted to amend their Complaint so as to add two named

Plaintiffs and class representatives. In support of (heir Joint Motion, the parties here state as

follows:

1. The parties have agreed to the composition of two Rule 23(b)(3) classes for

settlement purposes, and a proposed settlement agreement. Should this Court approve the

proposed settlement agreement, Defendant will not contest class certification on these terms.

2. The Settlement Classes would consist of:

(1) All current and former full-time female employees ofMid-West Wire Specialties, Inc., 4545 West Cortland Avenue, Chicago, Illinois, who worked at Mid-West at any time between January 1, 1995 and December 31, 2001; and

194971.1

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 2 of 15
-2-
(2) All female workers who were sent by a temporary agency to perform services at Mid-West Wire Specialties, Inc., and performed services there for any 20 consecutive work-days between January 1,1998 and December 31,2001.
The proposed classes satisfy the requirements of Fed. R. Civ. P. 23(b)(3). 3. The parties also have negotiated a settlement agreement, attached as Exhibit 1. 4. The parties now seek this Court's conditional certification ofthe Settlement
Classes and preliminary approval of the settlement agreement, and entry of the proposed Order attached to the Settlement Agreement as Exhibit C. This Order would stay further proceedings, require class counsel to provide court-approved notice of the proposed settlement to class members, provide an opt-out date, and establish a hearing date for final approval of the settlement agreement.
5. Following the hearing on final approval of the settlement agreement, if the Court determines that the agreement is in the best interests ofthe classes, the parties will ask the Court to enter a Final Judgment in the form attached to the Settlement Agreement as Exhibit D.
6. The terms of the settlement agreement, reached after extensive, good faith negotiations, are summarized in the attached Memorandum. The parties believe that the settlement agreement is clearly in the best interests of the members of the classes.
WHEREFORE, the parties respectfully request that this Court enter the attached Order which permits amendment of the Complaint, conditionally certifies the Settlement Classes, and preliminarily approves the proposed settlement.
194971.1

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 3 of 15

-3-

PLAlNTIFFS

DEFENDANT MID-WEST WIRE SPECIALTmS, INC.

BY:--~~~~~-4~_ __

e ofTheil" Attome

Uche O. Asonye

Asonye & Associates

11 South LaSalle Street

Suite 2140

Chicago, lL 60603

11 '1 (312) 79S-91}0 ",

Dated:

L0 C./

One of Its Attorneys Michael W. Duffee Matkov, Salzman, Madoff & Gunn 55 East Monroe Street Suite 2900
t Chicago,lL 60603
(312)332 777/
Dated: 1,')"S 0:<'-

194971.1

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 4 of 15

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

DGCl(ETHJ
JUl 2 9 2002

ZAIDA ESPANA and VITALIA MERO, on )

behalf of themselves and all others similarly )

situated,

)

)

Plaintiffs,

)

)

~

)

)

MID-WEST WIRE SPECIALTIES, INC.,

)

)

Defendant.

)

Case No. 01 C 0210

t;:

Judge Rebecca R. pallmeye{3([/~ ~ ~

Magistrate

Judge

Sidney

I.

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MEMORANDUM IN SUPPORT OF JOINT MOTION FOR CONDITIONAL

CERTIFICATION OF SETTLEMENT CLASSES AND PRELIMINARY

APPROVAL OF SETTLEMENT AGREEMENT

I. INTRODUCTION

Plaintiffs and Defendant Mid-West Wire Specialties, Inc. ("MWWS") jointly have

moved for an order which both (1) conditionally certifies two settlement classes, and (2)

preliminarily approves the parties' settlement agreement. The parties here submit this

memorandum in support oftheir motion.

II. SUMMARY OF THE TERMS OF THE SETTLEMENT AGREEMENT

The Settlement Agreement will be in the form of an enforceable final Court Order.

Following final Court approval ofthe proposed Settlement Agreement, MWWS will pay the

following:

1. The gross sum of $500 (five hundred dollars) to each of approximately 47

female temporary workers who rendered services at MWWS for at least 20

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 5 of 15
, .
continuous work-days during the period from January 1,1998 to December 31,200l. 2. The gross sum of$2,000 (two thousand dollars) to each ofthe approximately 75 females who were full-time employees at MWWS at any time from January 1, 1995 to December 31, 2001. 3. The gross sum of $20,000 (twenty thousand dollars) to each of Virginia Munoz and Roselia Casildo, who have filed charges alleging sexual harassment during the pendency of this action and who will be added as named Plaintiffs and class representatives. 4. The gross sum of$35,000 (thirty-five thousand dollars) to each ofthe original named Plaintiffs, Zaida Espana and Vitalia Mero. 5. Subject to the approval ofthe Court, MWWS will also pay attorney fees and costs to Class Counsel in the amount of $130,000 (one hundred and thirty thousand dollars). In addition, MWWS will tender the following non-monetary consideration: 1. Promise not to re-hire alleged harasser Roberto Anzures. 2. Purge of Anzures-generated discipline from personnel files of currentlyemployed class members. 3. Hire of Spanish-speaking administrator who will report directly to the President and have responsibility for enforcing the harassment policy, including investigations.
2

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 6 of 15
4. Enforcement ofthe new harassment policy that was promulgated in February, 2002.
In exchange for these commitments, MWWS and related parties will be released from any and all claims that any Class Member or anyone claiming on behalfofor through a Class Member may have arising prior to the date of the Final Judgment. Each Class Member and anyone claiming on behalf of or through a Class Member will be barred from suing or prosecuting any action or claim against MWWS and related parties for claims arising prior to the date of the Final Judgment. III. THE PROPOSED CLASSES ARE APPROPRIATE
FOR CONDITIONAL CERTIFICATION A. RULE 23(a) IS SATISFIED The four threshold requirements for Rule 23 class certifications are: (1) numerosity; (2) commonality; (3) typicality; and (4) adequacy of representation. Keele v. Wexler, 149 F.3d 589 (7th Cir. 1998). In addition, parties must show that the action is maintainable under one of the subsections of Rule 23(b). Amchem Prod., Inc. v. Windsor, 512 U.S. 591, 614 (1997).
1. Numerosity As forty plaintiffs is generally sufficient, this standard is met by the number of putative settlement class members in each ofthe two classes. Steinbrecher v. Oswego Police Officer Dickey. 138 F. Supp.2d 1103 (N.D. Ill. 2001).
3

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 7 of 15
2. Commonality When discrimination is alleged, commonality exists "where the defendant has engaged in some standardized conduct toward the proposed class members." Daniels v. Federal Reserve Bank of Chicago, 194 F.RD. 606, 613 (N. D. III. 2000). Plaintiffs here allege such standardized conduct: that Mid-West had a pattern and practice ofpermitting a pervasively hostile environment at its one facility, chiefly created by one purported supervisor and the Plant Manager throughout the class period. Commonality is satisfied if there is but one common issue. Adams v. RR Donnelley & Sons, 2001 U.S. Dis!. LEXIS 4247 (4/9/01 N.D. IlL). Sexual harassment cases thus qualify for class treatment, despite individual questions ofhow people reacted, because the common question oflaw is whether a reasonable woman would have found the environment hostile. Jenson v. Evelth Taconite Co., 139 F.RD. 657, 665 (D. Minn. 1991).
3. Typicality Typicality is satisfied ifthe class representative's claims arose from the sanle course of conduct that gives rise to the other claims, and are based upon the same legal theory. De La Fuente v. Stokely-Van Camp, Inc., 713 F.2d 225,232 (7th Cir. 1983). Claims can be typical even though various fact patterns would be adduced to support them. Jenson v. Evelth Taconite Co., 139 F.R.D. 657, 665 (D. Minn 1991).
4. Adequacy of Representatiou Named plaintiffs counsel must be adequate. No question is here raised about such adequacy. Moreover, the named plaintiffs must be able to protect the separate and distinct interests of class members. Retired Chicago Police Association v. City of Chicago, 7 F.3d
4

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 8 of 15
584, 598 (7th Cir. 1993). A representative plaintiff is adequate if her claims are not antagonistic to those of class members. Rosario v. Livaditis, 963 F.2d 1013, 1018 (7th Cir. 1992), cert. denied, 506 U.S. 1051 (1993). No antagonism exists here.
Adequacy is not defeated because the class representatives are less than completely fluent in English. Rugumbwa v. Better Motor Sales, 200 F.R.D. 358 (W. D. Mich. 2001).
B. RULE 23(b)(3) IS SATISFIED Rule 23(b)(3) certification is appropriate when a class action suit may be "convenient and desirable," even though not as clearly called for as (b)(1) or (b)(2). Adv. Comm. Notes; Amchem Products. Inc. v. Windsor, 521 U.S. 591, 615 (1997). Rule 23(b)(3) requires that: common questions oflaw or fact "predominate over any questions affecting only individual members," and class resolution is "superior to other available methods for the fair and efficient adjudication ofthe controversy." The rule lists several factors, ofwhich the relevant are: "(A) the interest of members ofthe class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members ofthe class; [and] (c) the desirability or undesirability of concentrating the litigation ofthe claims in the particular forum." See Amchem, 521 U.S. at 620 (the manageability of trial factor in Rule 23(b)(3)(D) is not germane to certification of a settlement class.) "Predominance" concerns "whether the proposed classes are sufficiently cohesive to warrant adjudication by representation." Amchem, 521 U.S. at 623. A Northern District of Illinois decision has held that a hostile environment class action is not defeated by the fact that the claim contains a subjective, as well as an objective, prong. Rather, common issues
5

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 9 of 15
predominate because pattern or practice liability would be premised not upon the subjective experiences of each claimaint, but rather upon the "existence of a company's policy of tolerating sexual harassment." Warnell v. Ford Motor Co., 188 F.R.D. 383, 387 (N.D. Ill. 1999), quoting EEOC v. Mistubishi Motor Mfg. Co. of America. Inc., 990 F. Supp. 1059, 1074 (C.D. Ill. 1998). Accord Jenson v. Evelth Taconite Co., 139 F.R.D. 657, 662-63 (D. Minn. 1991) (certifies Title VII sexual harassment under Rule 23(b)(2».
Only two unnamed class members, Virginia Munoz and Roselia Casildo, filed EEOC charges of discrimination during the pendency ofthis case. However, both obtained Notice of Right to Sue on these charges, and Plaintiffs plan to amend the Complaint to name these Plaintiffs and include these charges. IV. THE PROPOSED SETTLEMENT IS FAIR,
REASONABLE AND ADEQUATE
A. THE APPLICABLE STANDARDS Fed. R. Civ. P. 23(e) provides that "[a] class action shall not be dismissed or compromised without the approval of the Court". A court has a duty to ensure that the proposed settlement is "fair, reasonable, and adequate." Baileyv. Great Lakes Canning. Inc., 908 F.2d 38, 42 (6th Cir. 1990); In re Warner Communications Securities Litigation, 798 F.2d 35, 37 (2d Cir. 1986). The law encourages settlement of disputes. Prandani v. National Tea Co., 557 F.2d 1015, 1021 (2d Cir. 1977). The Court should also inquire as to whether the proposed settlement is consistent with the public interest. Bailey v. Great Lakes Canning. Inc., 908 F.2d at 42; Williams v. Vukovich, 720 F.2d 909, 921 (6th Cir. 1983).
6

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 10 of 15
The Court's role is to ensure that Class Members' interests have been adequately represented. "There is a strong initial presumption that the compromise is fair and reasonable." In re Saxon Securities Litigation, [1985-86] Fed. Sec. L. Rep. (CCH) ~ 92.414 at 92.525 (S.D.N.Y. 1985). It is nevertheless appropriate for the Court to analyze the settlement in light of the following factors:
1. The complexity, expense and likely duration of the litigation; 2. The reaction of the class to the settlement; 3. The stage ofthe proceedings and the amount of discovery completed; 4. The risks of establishing liability; 5. The risks of establishing damages; 6. The risks of maintaining the class action through trial; 7. The ability ofthe defendants to withstand a greater judgement; 8. The range of reasonableness of the settlement fund in light of the best
possible recovery; and 9. The range of reasonableness ofthe settlement fund to a possible recovery in
light of all the attendant risks of litigation. See. ~ Granada Investments, Inc. v. DWG Com., 962 F.2d 1203, 1205 (6th Cir. 1992); City of Detroit v. Grinnell Com., 495 F.2d 448, 463 (2d Cir. 1974).
In addition, the Court must ensure that the settlement is the product of good faith, arm's-length negotiations and that there has been no fraud, overreaching or collusion on the part of the negotiating parties. Williams v. Vukovich, 720 F.2d at 923; In re Ivan F. Boesky Securities Litigation, 948 F.2d 1358 (2d Cir. 1991); In re Warner, 798 F.2d at 37.
7

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 11 of 15
B. THE STANDARDS ARE SATISFIED HERE 1. Complexity, Expense and Likely Duration of Further Litigation
This litigation involves complicated legal and factual issues. The contested nature of the legal and evidentiary issues make an appeal a virtual certainty absent settlement. If the case is appealed, years could pass before the ultimate resolution of this litigation. Given that many of the class members are not citizens of the United States and thus may chose to re-locate in their native countries, the passage of time threatens to deprive them ofbenefits even in the event that they ultimately were successful. Thus, the complexity and expected duration of this litigation weigh strongly in favor of approval ofthe proposed Settlement Agreement.
2. Reaction of the Class to the Settlement The Class Representatives strongly favor the proposed Settlement Agreement and many Class Members have informally advised Class Counsel that they favor the proposed Settlement Agreement. However, the reaction of the Class to the proposed Settlement Agreement cannot be determined until the Court grants preliminary approval and orders that the proposed notice be sent to Class Members, informing them ofthe proposed Settlement Agreement, their rights to obj ect and to attend a fairness hearing.
8

· . Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 12 of 15
3. The Stage of Proceedings and Extent of Discovery The relevance of this factor is to allow the parties to accurately assess their chances at trial in order to objectively view the value of settlement. Williams v. Vukovich, 720 F.2d 902,922-23 (6th Cir. 1983); Flinn v. FMC Corp., 528 F.2d 1169,1173 (4th Cir. 1975); United Founders Life Ins. Co. v. Consumers National Life Ins. Co., 447 F.2d 647,655 (7th Cir. 1971); Anderson v. The Torrington Co., 755 F.Supp. 834,846·47 (N.D. Ind. 1991). Here, discovery on all except class issues has been completed, and the parties have a full view oftheir chances of prevailing at trial.
4-6. The Risks of Litigation The Class Representatives firmly believe in the strength of their case. MWWS just as firmly believes the exact opposite. MWWS has litigated this case vigorously and, absent settlement, will continue to do so. The path to an ultimate determination on the merits of appeal, however, is necessarily uncertain. Given the quality of the Settlement, there is no reason for the Class Plaintiffs to risk the possibility of an adverse result on appeal. As noted by the Court in In re Washington Public Power, "the essence of settlement is compromise." 720 F.Supp. 1379, 1387 (D. Ariz.1989). The parties believe that settlement negotiations produced a fair compromise.
7. Defendant's Ability to Withstand a Greater Judgment Here, MWWS is a small, family-owned job shop. It has few assets. For example, it does not own the building where it is located. MWWS will be required to drain its cash reserves in order to pay this settlement amount, as well as to incur debt. Should a greater liability be imposed at trial, it is unlikely that Plaintiffs could fully collect on that judgment.
9

Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 13 of 15
8-9. The Range of Reasonableness ofthe Settlement Although the Class Representatives believe that the Settlement Agreement is fair, adequate and reasonable, its tenus cannot be viewed in isolation. It "must be considered in the proper context -- that of probable recovery, even assuming a finding of liability in Plaintiffs favor." In re Washington Public Power, 720 F. Supp. at 1391. Thus, the Court must weigh the settlement amount against both the likelihood of a judgment adverse to Plaintiffs on appeal and, even assuming a favorable judgment after appeal, against the range of recoverable damages. Under the circumstances, the proposed Settlement Agreement is certainly fair, reasonable and in the best interests of the Class. One relevant factor used by courts when considering final approval of class action settlements is the plaintiffs' need for immediate relief. See. ~ Kirkorian v. Borelli, 695 F.Supp. 446, 450 (N.D. Cal. 1988). Here, immediate relief is needed because the foreign citizenship of the members of the Plaintiff class and their mobility may render them difficult to locate in the future. C. THE EXPERIENCE AND VIEWS OF COUNSEL Class Counsel, based on his combined experience in handling complex class action cases similar to this case, hold a strong and considered opinion that the settlement is fair, reasonable and adequate. The views ofexperienced counsel should be given great weight by the Court. Williams v. Vukovich, 720 F.2d at 922-23; Weinburger v. Kendrick, 698 F.2d 61, 74 (2d Cir. 1982). When, as here, there is a total absence ofany collusion, this factor points strongly in favor of granting final approval.
10

- ' Case 1:01-cv-00210 Document 47 Filed 07/26/2002 Page 14 of 15
D. THE SETTLEMENT IS THE PRODUCT OF GOOD FAITH, ARM'S LENGTH NEGOTIATIONS AND IS FREE FROM FRAUD, OVERREACHING AND COLLUSION
As the preceding discussion ofthe final approval factors demonstrates, the settlement is fair, reasonable and adequate to the Class. That, in turn, is a direct result of the lengthy good faith, ann's length, collusion-free negotiations leading to the settlement. See Malchrnan v. Davis, 761 F.2d 893, 903 (2d Cir. 1985); Weinburger v. Kendrick, 698 F.2d 61,74 (2d Cir. 1982); Romstadt v. Apple Computer, Inc., 948 F.Supp. 701, 706 (N.D. Ohio 1996).
As the Court knows, the parties were tenacious opponents on all matters except their shared goal of effecting a mutually advantageous compromise. At all times, the interests of the Class Members were the only focus ofthe efforts of Class Counsel.
Both the benefits obtained for the Class in the Settlement Agreement itself and the collusion-free atmosphere in which its terms were negotiated clearly show that the settlement is free from fraud or overreaching and was negotiated in good faith and at ann's length. Therefore, the Court should grant preliminary approval of the proposed Settlement Agreement.
11

Case 1:01-cv-00210 Document 47 . . . . . . . . . . ~ ..... . . . . . . y y . v .. ·~ ...

Filed 07/26/2002 Page 15 of 15

~ ......

V. CONCLUSION For the foregoing reasons, the parties respectfully request that the Court certify for
settlement purposes a class as described in their joint Motion. The parties also respectfully request that the Court preliminarily determine that the settlement is fair, reasonable and adequate, and issue an Order of Preliminary Approval in the row of Exhibit C to the Settlement Agreement.

PLAINTIFFS
D·
By:_-::-",,"\jJ~""'=~:;-:---t-­ One of Their Attome s Uehe O. Asonye Asonye & Associates 11 South LaSalle Street Suite 2140 Chicago, IL 60603 (312) 79~-9\10"
Dated: 1Wtl0 v

DEFENDANT MID-WEST WIRE
SPECIALTIES, INC.
~0~ . One ofIts AttorneYS Michael W. Duffee Matkov, Salzman. Madoff & Gunn 55 East Monroe Street Suite 2900 Chicago,IL 60604 (312) 332-0777
Dated: Zj2sjO..:0

12

 
 Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 1 of 17

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

ZAIDA ESPANA, VITALIA MERO,

)

VIRGINIA MUNOZ, and ROSELlA

)

CASILDO

)

)

Plaintiffs,

)

)

v.

)

)

MID-WEST WIRE SPECIALTIES, INC., )

)

Defendant.

)

r ~r\vj7"I ~'.0g"/-,

Case No. 01 C 0210

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Judge Rebecca R. Pallm~r

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Magistrate Judge Sidney I. Schenkier U

CLASS ACTION SETTLEMENT AGREEMENT

Defendant Mid-West Wire Specialties, Inc. ("MWWS"), by its attorneys, and Plaintiffs and

the Settlement Class Representatives, by Class Counsel, hereby enter into this Settlement Agreement

with its Exhibits ("Settlement Agreement") and agree to the following terms:

1. Description ofLitigation

l.l On January 11, 2002, Plaintiffs Zaida Espana and Vitalia Mero filed the lawsuit

against MWWS. Espana claimed recovery for hostile environment and quid pro quo sexual

harassment, as well as retaliation in violation of Title VII of the Civil Rights Act of 1964. Mero

claimed recovery for hostile environment sexual harassment.

1.2 On August 30, 2001, Plaintiffs filed an Amended Complaint. The Amended

Complaint added claims that Espana and Mero represented a class ofemployees affected by a pattern

and practice of a hostile work environment, quid pro quo sexual harassment and retaliation. The

Amended Complaint also added an individual retaliation claim by Mero.

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 2 of 17

1.3 Class Counsel has conducted substantial discovery in the Litigation. Class Counsel has deposed the alleged harassors, the owners ofMWWS, the attorney who conducted the sexual harassment investigation, and purported witnesses to the harassment. Class Counsel also has served multiple sets of interrogatories and document requests upon MWWS, and has reviewed these responses and documents. MWWS similarly has conducted discovery, and deposed the Named Plaintiffs.
1.4 This Settlement Agreement was negotiated before Plaintiffs filed their motion for class certification. The parties here stipulate that this action may be contingently certified, solely for purposes of settlement, as a class action pursuant to Fed. R. Civ. P. 23(b)(3), on behalf of the two classes defined in Section 2.15. 2. Definitions Applicable to the Settlement Agreement
The parties agree that the following definitions here apply: 2.1 Charging Parties means Zaida Espana, Vitalia Mero, Virginia Munoz, and Roselia Casildo. 2.2 Claim Amount, for each Eligible Class Member, means the amount set forth in Section 10. 2.3 Class Counsel means Uche O. Asonye, Asonye & Associates, 11 South LaSalle Street, Suite 2140, Chicago, IL 60603. 2.4 Class Representatives means Zaida Espana, Vitalia Mero, Virginia Munoz, and Roselia Casildo. 2.5 Court means the United States District Court for the Northern District of Illinois. 2.6 Effective Date means the date that the Final Judgment is entered.

2

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 3 of 17

2.7 Eligible Class Member means a member of the Class who was living as of the Effective Date.
2.8 Employee Settlement Class Members means current and former full-time female employees ofMWWS who worked at MWWS at anytime between January 1,1995 and December 31,2001. A list of Employee Settlement Class Members is attached as Exhibit A.
2.9 Final Judgment means the final judgment of the Court approving this Settlement Agreement and dismissing the Espana action with prejudice, substantially in the form attached as Exhibit D.
2.10 Litigation means this lawsuit, entitled Espana. et al. v. Mid-West Wire Specialties. Inc., No. 01 C 0210 (N. D. I1l.).
2.11 Magistrate means a Magistrate Judge appointed by the Court to resolve disputes pursuant to Section 9, or consented to by the parties.
2.12 MWWS Parties means all and each ofMWWS and its present and former divisions (including Accurate Wirecraft Division) and direct and indirect affiliates (including Bolek Building Company), as well as each oftheir present and former shareholders, officers, directors, committees, employees, parents, subsidiaries, attorneys, benefit plans, insurers, partners, consultants, advisers, agents, and representatives, as well as MWWS' predecessors, successors, and assigns.
2.13 Named Class Members means Zaida Espana, Vitalia Mero and Virginia Munoz on behalfofthe Employee Settlement Class Members, and Roselia Casildo on behalfofthe Temporary Worker Settlement Class Members.
2.14 Order ofPreliminary Approval has the meaning given in Section 5.1.

3

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 4 of 17

2.15 Settlement Classes mean all ofthe individuals in the following groups: (1) All current and former full-time female employees of Mid-West Wire Specialties, Inc., 4545 West Cortland Avenue, Chicago, Illinois, who worked at Mid-West at any time between January I, 1995 and December 31,2001; and (2) All female workers who were sent by a temporary agency to perform services at Mid-West Wire Specialties, Inc., and performed services there for any 20 consecutive work-days between January 1,1998 and December 31, 2001.
2.16 Temporary Worker Settlement Class Members means all female workers who were sent by a temporary agency to perform services at Mid-West Wire Specialties, Inc., and performed services there for any 20 consecutive work-days between January I, 1998 and December 31,2001. A list of Temporary Worker Settlement Class Members is attached as Exhibit B. 3. Benefits o/Settlement.
3.1 To the Class. In deciding to enter into this Settlement Agreement, the Class Representatives and Class Counsel recognized the length of further proceedings necessary to complete the Litigation against MWWS through a jury trial and subsequent appeals. The Class Representatives and Class Counsel considered the uncertainty and delays ofiitigation and the various possible outcomes of litigation. Given these considerations, risks and uncertainties, the Class Representatives and Class Counsel have determined that it is beneficial that the claims of all Class Members be settled on the terms set forth herein.
3.2 To MWWS. MWWS has concluded that the further conduct of the Litigation would be protracted, expensive and subject to variable outcomes. Absent settlement, substantial amounts of time and resources would continue to be spent in the defense of the claims asserted on behalf of Class Members. Without admitting liability, MWWS therefore has determined that it is beneficial

4

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 5 of 17

that all claims of the Classes be settled on the tenns set forth herein. 4. No Admissions.
4.1 All of the MWWS Parties continue to deny any wrongdoing or legal liability arising out of any of the claims against MWWS in the Litigation. Neither this Settlement Agreement, any document referred to herein, nor any action effectuating this Settlement Agreement may be construed as an admission of wrongdoing or liability by any of the MWWS Parties.
4.2 The Class Representatives have contended and continue to contend that the claims made on behalfofthe Classes in this Litigation are meritorious. This Settlement Agreement may not be construed as an admission by the Classes that their claims lack merit.
4.3 The negotiation and implementation of this Settlement Agreement may not be construed as an admission by any party. The Settlement Agreement shall not be introduced in evidence in any proceeding against any party hereto in any court or agency or other tribunal for any purpose, except to secure Court approval of this Settlement Agreement or to enforce its provisions. 5. Class Action Notice Order.
5.1 The parties shall submit this Settlement Agreement to the Court and shaIl seek from the Court an Order ofPreliminary Approval, substantially in the fonn ofExhibit C hereto, providing that the Litigation will be stayed and providing for notice to the Class ofthe hearing on the proposed settlement.
5.2 FoIlowing entry ofthe Order of Preliminary Approval, Class Counsel shall (i) mail by first class mail a copy of the Notice contemplated by that order to each Class Member at her last known address; and (ii) submit a proof of such mailing to the Court. Defendant shall bear the full cost of distributing this notice.

5

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 6 of 17

5.3 The Notice sent to Class Members shall include instructions on how to be excluded from the class if a class member so desires ("opt-out"). The Notice also will include a claim form, which the putative class member must timely return in order to qualify to receive money under this Settlement Agreement. The Notice will be substantially in the form of Exhibit E.
5.4 Class counsel shall notify counsel for MWWS of any Notices returned for bad addresses.
5.5 In addition, on or about the date ofmailing of the Notice, Defendant shall publish on a one-time only basis and at its expense the terms ofthe Notice in a Spanish language newspaper of general circulation in the neighborhood in which Defendant's facility is located. 6. Final Judgment to be Entered Approving the Settlement.
After notice to Class Members, and upon Court approval ofthis Settlement Agreement and the expiration of the opt-out period, the parties will request that a Final Judgment be entered substantially in the form of Exhibit D hereto, which will be enforceable against MWWS. 7. Releases and Related Matters.
7.1 Upon the Effective Date, each ofthe Class Representatives and anyone claiming on behalfof or through any Class Representative releases and discharges any and all rights, claims or causes of action, whether known or unknown, which any of the Class Representatives, or anyone claiming, on behalf of or through any class representative has or may have against any of the MWWS Parties.
7.2 Upon the Effective Date, the MWWS Parties will be released and discharged from any and all rights, claims or causes ofaction, whether known or unknown, which any Class Member or anyone claiming on behalf of or through a Class Member has or may have against any of the

6

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 7 of 17

MWWS Parties. The Judgment shall forever bar all Class Members and anyone claiming on behalf of or through a Class Member from instituting or prosecuting, either directly or indirectly, any such claims or causes of action against any of the MWWS Parties.
7.3 Neither this Settlement Agreement nor the Judgment may be construed as an admission by any ofthe MWWS Parties ofany wrongdoing or liability. This Settlement Agreement, the Judgment and any related documents shall not be introduced in evidence in any proceeding against any MWWS Party in any Court or agency or other tribunal for any purpose, except to secure Court approval of the Settlement Agreement or to enforce the terms of the Settlement Agreement or Judgment.
7.4 This Settlement Agreement does not waive any claim which may arise regarding enforcement of this Settlement Agreement and the Judgment incorporating this Settlement Agreement.
7.5 This Settlement Agreement does not waive any claim arising under Illinois worker's compensation or unemployment compensation law. S. Modification olelass Member Lists.
S.l If, within 60 days following the Effective Date, MWWS or Class Counsel believes that an individual has been erroneously included or excluded from Exhibits A or B, the inclusion or exclusion will be brought to the attention of the other party. If the other party does not agree as to the inclusion or exclusion of an individual on Exhibit A or B, the disagreement shall be resolved by the Magistrate applying the appropriate definitions in Section 2.
8.2 If, within 60 days after the Effective Date, any individual claims that she has been erroneously excluded from Exhibit A or B, but MWWS and Class Counsel determine that she is

7

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 8 of 17

properly excluded, then the decision ofMWWS and Class Counsel shall be final and binding. S.3 No claim for inclusion in Exhibits A or B will be considered that has not been
presented in writing to and received by Class Counsel and Counsel for MWWS within 60 days after the Effective Date. 9. Dispute Resolution by The Magistrate.
9.1 Any controversy or dispute arising out ofor relating to the following matters shall be resolved by the Magistrate: individual questions arising under Section S related to inclusion or exclusion from Exhibit A or B.
9.2 Before submitting a dispute to the Magistrate, the aggrieved party shall give the other party written notice of such dispute. The party receiving such notice shall send the aggrieved party a written response within 21 days after receipt.
9.3 If, after receipt ofa written response as described in Section 9.2, the parties are unable to resolve the dispute for a period oftime not to exceed 30 days, the aggrieved party may, within 15 days after the 30 day period, send a written demand to the other party that the issue be resolved by the Magistrate pursuant to this Section. No demand will be allowed after these time limits.
9.4 In the event that the Class Counsel and MWWS are unable to resolve a dispute for which a right to submit the matter to the Magistrate has been provided in this Settlement Agreement, that dispute will be presented to the Magistrate. The Magistrate will not have the authority to modify or amend this Settlement Agreement, but rather solely to apply the Settlement Agreement, as written, to particular factual situations. The Magistrate will consult with the parties and will make a final and binding decision after such formal or informal hearing as the Magistrate deems appropriate.

8

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 9 of 17

10. Claim Amounts and Procedures.

10.1 Within 21 (twenty-one) days ofthe entry ofthe Final Judgment (Ex. D), MWWS will

pay the following sums to those Eligible Class Members who did not exercise their right under Fed.

R. Civ. P. 23(b)(3), (c)(2) to be excluded from the class and who returned completed Claim Forms.

These amounts are gross amounts, and may be subject to state and federal taxes, and other required

deductions and withholding.

•

$500 (five hundred dollars) in punitive damages to each Temporary Worker

Settlement Class Member listed on Exhibit B;

•

$2,000 (two thousand dollars) in punitive damages to each Employee

Settlement Class Member listed on Exhibit A;

•

$20,000 (twenty thousand dollars) to each of the Named Class

Representatives Virginia Munoz and Roselia Casildo, of which $5,000 is

backpay and $15,000 is punitive damages; and

•

$35,000 (thirty-five thousand dollars) to each of the Named Class

Representatives Zaida Espana and Vitalia Mero, ofwhich $5,000 is backpay

and $30,000 is punitive damages.

The combined total sum to be paid by MWWS to members of the classes shall not exceed $283,500

(two hundred and eighty-three thousand and five hundred dollars).

10.2 If any state or federal taxing authority seeks payments or penalties for tax

withholding, social security, Medicare, or FUTA due to any MWWS payment to a class member

under this Settlement Agreement, the class member at issue shall indemnify MWWS for the

payments and penalties assessed.

10.3 Any Class Member who fails to timely submit a Claim Form has waived her right to

receive any money under this Settlement Agreement, but nonetheless shall be bound by the

Settlement Agreement and its terms, including the Release and Waiver contained in Section 7.

9

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 10 of 17

11. Costs and Attorneys Fees. 11.1 Plaintiffs and Class Counsel warrant and represent that Class Counsel is the only
attorney who has represented the Plaintiff, and that no other attorney has a lien for attorney's fees or has any claim for fees and costs in regard to this lawsuit.
11.2 If at the end of the period for putative class members to opt-out those opt-outs have not exceeded the number specified in Section 13.1.2, MWWS shall within 14 (fourteen) days after the expiration of the opt-out period pay Class Counsel $65,000 (sixty-five thousand dollars), representing one-half of the total fees and expenses due to Class Counsel under this Settlement Agreement. Within 14 (fourteen) days after the Effective Date, MWWS will pay Class Counsel the remaining amount of $65,000 (sixty-five thousand dollars). Of that amount, $110,000.00 is attributable to attorney fees and $20,000.00 to costs.
11.3 All Costs and Attorney Fees awarded to Class Cowlsel are subject to the approval of the Court. Prior to the Effective Date, Class Counsel shall release any attorney's fees liens filed and present evidence ofthat release to MWWS Counsel. Class Counsel, as a condition ofreceiving fees under this Settlement Agreement, waives and releases any liens or rights to further fees or payment for services rendered to any Class Member. 12. Non-Monetary Settlement Terms
12.1 Within 30 days of the Effective Date, MWWS shall purge from the personnel file ofany Class Member still employed at MWWS any disciplinary notice issued by Roberto Anzures.
12.2 MWWS shall not in the future rehire Roberto Anzures in any capacity. 12.3 Within 60 days ofthe Effective Date, MWWS shall have retained a Spanish-speaking administrator. That administrator shall report directly to the President, and shall have responsibilities

10

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 11 of 17

for enforcing the Company's harassment policy, including the investigation of complaints. 12.4 MWWS shall enforce the Harassment Policy promulgated February 15, 2002 in
English, Spanish and Polish, attached as Exhibit F. 13. Conditions ofSettlement.
13.1 This Settlement Agreement is subject to fulfillment of the following Conditions: 13.1.1 The Court enters the Notice Order without material modification. 13.1.2 Fewer than 6 (six) Temporary Worker Settlement Class Members, and fewer
than 8 (eight) Employee Settlement Class Members, exercise their right to opt-out. 13.1.3 All Class Members, including the Named Class Members and any other
Charging Parties, each obtain a written dismissal with prejudice as to each charge or complaint filed by them with the Equal Employment Opportunity Commission, Illinois Human Rights Department, City of Chicago Human Rights Commission, and any other agency or court. That written dismissal must expressly provide that the agency retains no right to prosecute or investigate MWWS under that charge or complaint.
13.1.4 The Court enters the Judgment and that Judgment becomes Final without material modification.
13.1.5 There is an Effective Date. 13.2 Ifany ofthe conditions specified in Section 13.1 above is not fulfilled, this Settlement Agreement shall be terminated unless MWWS, within 30 days from the date that the failure of a condition becomes known to MWWS, provides written notice to Class Counsel of its intent to proceed.

11

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 12 of 17

14. Effect ofDisapproval and Termination. 14.1 Ifthis Settlement Agreement is tenninated or fails to become effective for any reason,
the positions ofthe parties to this Settlement Agreement shall be deemed to have reverted to what they were as ofthe date and time immediately prior to the execution of this Settlement Agreement and they shall, except as otherwise expressly provided herein, proceed in all respects as if this Settlement Agreement and related orders had not been executed. Class Counsel shall be given a reasonable amount oftime in which to file amotion for certification ofa class for litigation purposes, and MWWS shall be given a reasonable amount of time in which to oppose class certification.
14.2 Ifthis Settlement Agreement is tenninated or fails to become effective for any reason, Class Counsel shall remit to MWWS Counsel any and all attorneys fees and expenses received by him from MWWS under this Agreement. Those sums must be returned within 7 (seven) days of a written notice from MWWS Counsel to Class Counsel of the tennination of the Settlement Agreement. The Court will retain jurisdiction to enforce Class Counsel's return of these sums.
14.3 The parties specifically agree that in the event that any subsequent proceedings in the Espana case are necessary, each of the parties will bear its own costs and expenses (including attorneys and expert fees); provided, however, that this is in no way a waiver of any party's rights to receive such fees or costs as part of any ultimate judgment following trial on the merits, if any. Notwithstanding the foregoing, in the event that Plaintiffs are required to initiate further proceedings to enforce Defendant's obligation to pay sums due under this Settlement Agreement, Class Counsel shall be entitled to a reasonable attorney's fee in counection with such action. The Court will retain jurisdiction to enforce said obligation.

12

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 13 of 17

14.4 Each party agrees that, in the event that this Settlement Agreement is tenninated or fails to become effective, it will not offer or attempt to place in evidence, or otherwise refer to, this Settlement Agreement, the negotiations which led to its signing, or its tennination or failure to become effective, in any subsequent proceeding or otherwise. 15. Miscellaneous Provisions.
15.1 After the Court's preliminary approval of the Settlement Agreement and before Notices are received by Class Members, Class Counsel and his translator will be introduced by the MWWS President in a group meeting at the MWWS facility of Class Members still employed. The MWWS President will introduce Class Counsel, and advise the Employee Class Members that a settlement has been reached by all parties; that the Company supports the Settlement; that employees will soon receive infonnation about the Settlement; and that they must direct any questions solely to Class Counsel. Class Counsel then shall be pennitted to speak alone with the Employee Class Members.
15.2 The Exhibits hereto are incorporated in this Settlement Agreement as though fully set forth herein. If there is any conflict between this Settlement Agreement and any Exhibit, this Settlement Agreement controls. References in this Settlement Agreement to "Sections" and "Exhibits" refer to the Sections and Exhibits of this Settlement Agreement unless otherwise specified.
15.3 This Settlement Agreement may be amended or modified onlyby a written instrument signed by the Class Representatives who are then living and MWWS.
15.4 The waiver by one party of(a) any breach by the other party of, or (b) any other right to enforce, or claim, or benefit under, this Settlement Agreement shall not be deemed a waiver of

13

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 14 of 17

any other breach of, or right to enforce, or claim, or benefit under, this Settlement Agreement. 15.5 This Settlement Agreement constitutes the entire agreement between the parties, and
no representations, warranties, or inducements have been made to either party concerning this Settlement Agreement, other than the representations, warranties and covenants contained in this Settlement Agreement.
15.6 The Class Representatives expressly authorize Class Counsel to take all appropriate action required or permitted to be taken by the Class Representatives pursuant to this Settlement Agreement to effectuate its terms. The Class Representatives also expressly authorize Class Counsel to enter into any modifications or amendments to this Settlement Agreement on behalf ofthem that Class Counsel deems appropriate from the date this Settlement Agreement is signed until the Judgment is entered.
15.7 This Settlement Agreement maybe executed in two or more counterparts. All executed counterparts and each ofthem shall be deemed to be one of the same instrument, provided that counsel for the parties to this Settlement Agreement shall exchange among themselves original signed counterparts.
15.8 This Settlement Agreement shall be binding upon, and inure to the benefit of, the successors and assigns ofthe parties hereto.
15.9 MWWS represents and warrants that it has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder.
15.10 All terms ofthis Settlement Agreement and the Exhibits hereto shall be governed and interpreted according to the substantive laws of the State ofIllinois, except to the extent that federal law preempts application of Illinois law.

14

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 15 of 17
15.11 Any notice, request, infonnation or other document to be given under this Agreement
to any of the parties by any other party shall be in writing and delivered personally by UPS, Federal
Express or other carrier, transmitted by facsimile, or sent by registered mail, postage prepaid, as
follows:
If to the Settlement Class Representatives or Class Counsel, addressed to:
Uche O. Asonye Asonye & Associates 11 South LaSalle Street, Suite 2140 Chicago, IL 60603
If to MWWS, addressed to:
Chris Sitkiewicz President Mid-West Wire Specialties, Inc. 4545 West Cortland Avenue Chicago, IL 60639
and
Michael W. Duffee Matkov, Salzman, Madoff & Gunn 55 East Monroe Street, Suite 2900 Chicago, Illinois 60603-5709

15

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 16 of 17

IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed by themselves or their duly authorized attorneys.

FOR THE SETTLEMENT CLASSES:
BY~Jt~ Asonye & Associates 11 South LaSalle Street, Suite 2140 Chicago, IL 60603
_ __ Dated:'_--1-1\\-,l-1,--'-\\_o~

FOR MID-WEST WIRE SPECIALTIES, INC.:
~cJWMichael W. DUffee Matkov, Salzman, Madoff & Gunn 55 East Monroe Street, Suite 2900 Chicago,IL 60603

Dated:_----LZf-!2_t)---LJ._<)__ V _ __

THE REPRESENTATIVES OF THE SETTLEMENT CLASSES:

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Date: =lbs-h"')' ~~,~~~,~~----
Date.AJ_ _1-+-1/-1,+ -+:''-jI/-vO-o<"r"-:~.
Date(i4{-I-7----'·--J-1-I1------'~""-----C)""""'--_

\\ tROSE.LII' CASILOO

'\

Roselia Casildo

16

199588.1

Case 1:01-cv-00210 Document 48 Filed 07/26/2002 Page 17 of 17
,.... ee ,ase .--... 1 e or -...x i its

 
 Case 1:01-cv-00210 Document 51 Filed 08/02/2002 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
F I L € 0 FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

ZAIDAESPANA, VITALIAMERO,

)

VIRGINIA MUNOZ, and ROSELIA

)

CAS~DO,

)

Plaintiffs,

)

)

v.

)

)

MID-WEST WIRE SPECIALTIES, INC., )

)

Defendant.

)

AUG 02 2002

Case

No.

01

C

CL
021

iMfKIC, UH.AsE. LDIWST~/088INS

crCOURr

Judge Rebecca R. Pallmeyer

Magistrate Judge Sidney 1. Schenkier

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

This Notice may affect your rights. Please read carefully.

TO: (1)

All current and former full-time female employees of Mid-West Wire Specialties, Inc., 4545 West Cortland Avenue, Chicago, Illinois, who worked at Mid-West at any time between January 1, 1995 and December 31, 2001; and

(2) All female workers who were sent by a temporary agency to perform services at MidWest Wire Specialties, Inc., and performed services there for any 20 consecutive work-days between January 1, 1998 and December 31,2001.

This Notice is given to you by order of the United States District Court for the Northern District ofIllinois entered on August 5, 2002, pursuant to Rule 23(b)(3), (c)(2) and (e) ofthe Federal Rules of Civil Procedure. Your rights may be affected by a class action lawsuit No. 01 C 0210 that is pending in that Court. The purpose of this Notice is to inform you of the class action, in which you could be a member of the class, and of a proposed settlement of the case. This Notice also describes the monies to which you could be entitled under the settlement, and the potential effect of the action on your rights.

I. THE LITIGATION

In an Amended Complaint filed in August, 2001, Plaintiffs Zaida Espana and Vitalia Mero sued Mid-West Wire Specialties, Inc. Plaintiffs claim that they and other females in the work-place were subject to physical touching, sexual comments, punitive job assignments and retaliation by male supervisors, which allegedly constituted hostile environment and quid pro quo sex discrimination in violation ofTitle VII ofthe Civil Rights Act of 1964. Their Amended Complaint seeks compensatory and punitive damages, attorneys fees and costs, and injunctive relief

6[ 201333.1

Case 1:01-cv-00210 Document 51 Filed 08/02/2002 Page 2 of 7

Defendant denies the allegations, and also raises an affinnative defense based upon its sexual harassment policy and the prompt, effective remedial action taken on the allegations which were brought to management.
The parties conducted discovery on the allegations. Plaintiffs were scheduled to file a motion for class certification when a settlement was negotiated.
II. CONDITIONAL CERTIFICATION OF SETTLEMENT CLASSES
The Court has conditionally certified two classes consisting of:
(1) All current and fonner full-time female employees of Mid-West Wire Specialties, Inc., 4545 West Cortland Avenue, Chicago, Illinois, who worked at Mid-West at any time between January 1, 1995 and December 31, 2001; and
(2) All female workers who were sent by a temporary agency to perfonn services at MidWest Wire Specialties, Inc., and perfonned services there for any 20 consecutive work-days between January 1, 1998 and December 31,2001.
This conditional certification is solely for purposes of settlement.
III. THE COURT IS EXPRESSING NO OPINION AS TO THE MERITS
The Court has not ruled upon, and is expressing no opinion as to the validity or truth of any of the Plaintiffs' legal or factual allegations, or of any defenses that may be offered by Defendant, or whether this action could be maintained as a class action if not settled.
IV. DEFENDANT DENIES ANY LIABILITY
Defendant has, subject to final approval by the Court, agreed to certifY and settle this action on the tenns described below solely to avoid the burden, expense and uncertainty of continued litigation.
V. TERMS OF THE PROPOSED SETTLEMENT
Subject to Court approval, Plaintiffs and Defendant have agreed on the following settlement.
The proposed settlement will cause the dismissal with prejudice of this lawsuit and the release of any claims by class members against Defendant. In return, the settlement provides that Mid-West Wire Specialties, Inc. will pay the following gross amowlts to class members (who have not timely excluded themselves from the class and who have timely submitted claim fonns):
A. Those class members who worked through temporary agencies will receive the gross sum of$500 (five hundred dollars).

2

201333.l

Case 1:01-cv-00210 Document 51 Filed 08/02/2002 Page 3 of 7

B. Those class members who were full-time employees will receive the gross sum of $2000 (two thousand dollars).
C. The two added Named Class Representatives, Virginia Munoz and Roselia Casildo, will each receive the gross sum of $20,000 (twenty thousand dollars).
D. The two original Plaintiffs and Class Representatives, ZaidaEspana and VitaliaMero, will each receive the gross sum of$35,000 (thirty-five thousand dollars).
These amounts are gross amounts, and may be subject to state and federal taxes, and other required deductions and withholding.
There are other non-monetary terms ofthe proposed settlement. Within 30 days ofthe final judgment, Mid-West Wire Specialties, Inc. shall purge from the personnel file ofany Class Member still employed any disciplinary notice issued by Roberto Anzures. Defendant shall not in the future rehire Roberto Anzures in any capacity. Within 60 days of the final judgment, Mid-West Wire Specialties, Inc. shall have retained a Spanish-speaking administrator who shall report directly to the President, and shall have responsibilities for enforcing the Company's anti-harassment policy, including the investigation of Complaints. Defendant shall enforce the Harassment Policy promulgated February 15, 2002 in English, Spanish and Polish.
Finally, Mid-West Wire Specialties, Inc. shall pay Class Counsel the sum of$130,000.00 for costs and attorney's fees. All costs and attorney fees awarded to Class Counsel are subject to the approval of the Court.
VI. ELECTION BY CLASS MEMBERS
If you fit the description of a class member, you have a choice whether or not to remain a member ofthe class. Either choice will have its consequences, which you should understand before making a decision.
A. REMAIN A CLASS MEMBER
If you want to remain a member ofthe class, no action is required at this time.
Your interests will continue to be represented by Plaintiffs and Class Counsel. You also may enter an appearance by your own counsel, ifyou desire, or may seek to intervene individually if you consider that you are not being fairly and adequately represented by Plaintiffs and Class Counsel.
If you remain as a member of the class, your participation in any recovery which may be obtained from Defendant through trial or settlement will depend on the results ofthis lawsuit. Ifno recovery is obtained for the class, you will be bound by that result. Any claims that you may have against Mid-West arising from the conduct alleged by the Plaintiffs in the original or Amended Complaint will be determined in this case, and cannot be presented in any other lawsuit.

3

201333.1

Case 1:01-cv-00210 Document 51 Filed 08/02/2002 Page 4 of 7

B. EXCLUSION FROM THE CLASS
Ifyou wish to be excluded from the class, you must completed the enclosed form ("Exclusion Request"). You must return that form to Class Counsel by mail postmarked on or before September 23,2002.
Exclusion will mean that: (1) you will not share in the settlement, or in any other recovery that might be paid to class members as the result of this lawsuit; (2) you will not be bound by any decision in this lawsuit favorable to Defendant; and (3) you may present any claims that you may have against the Defendant by filing your own lawsuit or you may seek to intervene in this lawsuit.
VII. YOUR RIGHT TO BE HEARD AS TO THE PROPOSED SETTLEMENT
On October 8, 2002 at 9:30 a.m., Magistrate Judge Sidney 1. Schenkier will hold a hearing at the United State District Courthouse, Courtroom 1700, at 219 South Dearborn Street, Chicago, Illinois 60604, to determine if the proposed settlement is fair and reasonable, and to either approve or disapprove the proposed amount of attorney's fees and costs, $130,000 (one hundred and thirty thousand dollars).
If the proposed settlement agreement is finally approved, you will be bound by its telms unless you have excluded yourself from this litigation, as described in paragraph VI, B.
Objections to the proposed settlement by class members (who have not timely elected to exclude themselves from the class) will be considered by the Court, but only if such objections are filed in writing with the Clerk by mail postmarked on or before September 23,2002. Copies ofthe objections also must be mailed by that date to Class Counsel and Counsel for Defendant:

Uche O. Asonye Class Counsel Asonye & Associates II South LaSalle Street, Suite 2140 Chicago, 1L 60603

Michael W. Duffee Counsel for Defendant Matkov, Salzman, Madoff & Gurm 55 East Monroe Street, Suite 2900 Chicago, 1L 60603

Attendance at the hearing is not necessary. Class members who wish to be heard orally in opposition to the proposed settlement, however, should indicate in their written objection their intention to appear at the hearing.

Class members who support the proposed settlement do not need to appear at the hearing or to take any other action to indicate approval.
VIII. IF SETTLEMENT IS APPROVED
Ifthe settlement is approved by the court, Mid-West Wire will make the settlement payments within 30 days of the entry of final judgment.

4

201333.1

Case 1:01-cv-00210 Document 51 Filed 08/02/2002 Page 5 of 7

.'
To receive a payment, you must complete andretum the blue Claim Form. That Claim Form must be received by September 23, 2002. Mail the completed Claim Form to:
Uche O. Asonye Asonye & Associates 11 South LaSalle Street, Suite 2140 Chicago, IL 60603
IX. FURTHER PROCEEDINGS
If the settlement is not approved, the case will continue. The Court will rule on a motion for class certification and any motion for summaryjudgment. Ifnecessary, ajury trial will be conducted. Depending on the results ofthe trial, further proceedings may be necessary before the case is finally resolved.
IX. FURTHER INFORMATION
If you need further information about this Notice or the litigation, please contact Class Counsel:
Uche O. Asonye Asonye & Associates 11 South LaSalle Street, Suite 2140 Chicago, IL 60603 (312)795-9110 (312) 795-9114 (facsimile)
Ifyou decide to remain a member ofthe class, please notify Class Counsel of any change in the address to which this Notice was delivered.
A complete copy ofthe proposed Class Action Settlement Agreement is on file in the Office of the Clerk of the United States District Court for the Northern District of Illinois, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. You may obtain a copy of the Settlement Agreement at the Clerk's office.

DO NOT CALL THE CLERK. DATED: August 5, 2002

CLERK OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

5

201333.1

Case 1:01-cv-00210 Document 51 Filed 08/02/2002 Page 6 of 7
."
REQUEST FOR EXCLUSION Read the enclosed Notice carefully
The undersigned does NOT wish to remain a member of the Plaintiff classes conditionally certified for settlement purposes in the case ofZaida Espana, et aL v. Mid-West Wire Specialties, Inc., No. 01 C 0210, pending in the United States District Court for the NorthemDistrict ofIllinois.
DATE: _ _ __
Print your name
Your signature
Address
City, State and Zip Code
If you want to exclude yourself trom the class, you must fill out this form and return it by mail. The envelope must be postmarked on or before September 23, 2002, and addressed to:
Uche O. Asonye Asonye & Associates 11 South LaSalle Street Suite 2140 Chicago, IL 60603

6

201333.1

Case 1:01-cv-00210 Document 51 Filed 08/02/2002 Page 7 of 7
j
i
. '

CLAIM FORM

I
1

IMPORTANT

•

You must complete and return this form in order (0 receive a settlement payment.

•

The form must be received by September 23, 2002.

•

Ifyour form is not received by September 23,2002, you will not receive a settlement

payment.

FILL IN ALL OF THE BLANKS
1. Your name is: 2. Sign your name: 3. Print your full address:

4. Your Social Security Number is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _'
MAIL THIS FORM TO
Uche O. Asonye Asonye & Associates II South LaSalle Street Suite 2140 Chicago, IL 60603

7

201333.1

 
 Case 1:01-cv-00210 Document 49 Filed 08/02/2002 Page 1 of 6

Minute Order Form (06191)

United States District Court, Northern District of Illinois

Name ofAssigned Judge or Magistrate Judge

Sidney 1. Schenkier

Sitting Judge ifOther than Assigned Judge

CASE NUMBER

01 C 210

DATE

8/2/2002

CASE TITLE
MOTION:

Zaida Espana, et al. Vs, Mid-West Wire Specialties, Inc,
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature ofthe motion being presented. J

DOCKET ENTRY:

(I)

D

Filed motion of [ use listing in "Motion" box above,]

(2) D

(3)

D

(4)

D

(5)

D

(6) D

Briefin support ofmotion due ___' Answer briefto motion due___, Reply to auswer brief due_ _, RulingIHearing on ___ set for _ _ at _ _' Status hearing[heldlcontinued to] [set for/re-set for] on _ _ set for ___ at ___' Pretrial conference[heldlcontinued to] [set for/re-set for] on ___ set for ___ at _ _ _'

(7)

D

(8)

D

(9)

D

Trial[set for/re-set for] on ___ at _ _'
[Bench/Jury trial] [Heating] heldlcontinued to ___ at _ _'
TIris case is rusmissed [with/without] prejudice and without costs[by/agreementlpursuant to] D FRCP4(m) D General Rule 21 D FRCP41(a)(I) D FRCP41(a)(2),

(10).

[Other docket entry] ENTER ORDER OF CONDITIONAL CERTIFICATION OF

SETTLEMENT CLASSES, PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT,

AND AMENDMENT OF COMPLAINT. Fairness hearing set for 10108/02 at 9:30 a,m,

•

[For further detail see order attached to the original minute order.]

No notices required, advised in open court.

No notices required.

./ Notices mailed by judge's staff.

Notified counsel by telephone.

Docketing to mail notices. Mail AO 450 fonn.
Copy to judge/magistrate judge.

courtroom deputy's initials

2002
81212002 JJK
mailing deputy initials

Case 1:01-cv-00210 Document 49 Filed 08/02/2002 Page 2 of 6

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

ZAIDA ESPANA, VITALIA MERO,

)

VIRGINIA MUNOZ, and ROSELIA

)

CAS~DO,

)

Plaintiffs,

)

)

v.

)

)

MID-WEST WIRE SPECIALTIES, INC., )

)

Defendant.

)

Case No. 01 C 0210 Judge Rebecca R. Pallmeyer Magistrate Judge Sidney 1. Schenkier

ORDER OF CONDITIONAL CERTIFICATION OF SETTLEMENT CLASSES, PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT, AND AMENDMENT OF COMPLAINT

The parties have entered into a proposed Settlement Agreement on July 25,2002 that

defines the two Classes to be conditionally certified under Fed. R. Civ. P. 23(b)(3) for

settlement purposes. The parties have jointly moved that the Court conditionally certify the

Settlement Classes, give its preliminary approval to the Settlement Agreement, and approve

the form and method of providing notice of the action, of the proposed Settlement

Agreement, and the exclusion option to the Classes. Plaintiffs further have requested leave

to amend the Complaint to add additional named Plaintiffs as class representatives.

The Court has reviewed the Settlement Agreement between Class Plaintiffs and

MWWS, the incorporated Exhibits and the proposed form of Class Notice, and finds and

concludes as follows:

1. The Court has considered the history ofthis case, the pleadings and statements

by the parties. The Court concludes that the following two Settlement Classes as defined by

the parties are appropriate under Fed. R. Civ. P. 23(b)(3):

201332.1

Case 1:01-cv-00210 Document 49 Filed 08/02/2002 Page 3 of 6

(1) All current and former full-time female employees of Mid-West Wire Specialties, Inc., 4545 West Cortland Avenue, Chicago, Illinois, who worked at Mid-West at anytime between January 1, 1995 and December 31,2001; and
(2) All female workers who were sent by a temporary agency to perform services at Mid-West Wire Specialties, Inc., and performed services there for any 20 consecutive work-days between January 1, 1998 and December 31, 2001.
2. The Court also has reviewed the Settlement Agreement. On a preliminary basis, the Court finds the Settlement Agreement is fair, reasonable, adequate, and is in the best interests of the class members. The Court will therefore direct that notice of the Settlement Agreement be provided to the Settlement Classes pursuant to Fed. R. Civ. P. 23(c)(2) and (e).
3. The Court has reviewed the attached form of the Notice of Proposed Class Action Settlement and Hearing ("Mailed Notice"), and finds that it complies with the requirements ofFed. R. Civ. P. 23(c)(2), (d) and (e) and fairly presents the proceedings, right of exclusion from the class, terms of the Settlement Agreement, and the class members' rights and responsibilities in the settlement approval process, including the duty to submit a claim form.
4. The parties propose that Class Counsel send the Mailed Notice, by first class mail, to all identified class members. The Court finds that such notice is the best notice practicable under the circumstances, and is reasonably calculated to effectuate actual notice ofthe settlement to class members.
5. The parties have compiled the names and addressees of all known members of the Class. The individual mailing of notice to those class members identified by the

2

201332.1

Case 1:01-cv-00210 Document 49 Filed 08/02/2002 Page 4 of 6

parties provides due and sufficient notice of the proceedings, right of exclusion from the class, of the proposed settlement, and of the settlement approval procedure, thus satisfying the requirements of Rule 23, and the requirements of due process.
Based upon the foregoing findings of fact and conclusions oflaw, IT IS HEREBY ORDERED THAT:
1. Class Counsel shall within five days ofthis order filed an amended Complaint which adds as named Plaintiff class representative Virginia Munoz and Roselia Casildo (for the temporary worker class).
2. The two 23(b)(3) classes are conditionally certified for settlement purposes. 3. The Settlement Agreement is preliminarily approved. 4. All proceedings not related to the approval and implementation of the Settlement Agreement are stayed until further Order of the Court. S. The attached Notice of Proposed Class Action Settlement and Hearing ("Mailed Notice") is approved by this Court. The Mailed Notice shall be mailed to each identified class member at her current last known address by Class Counsel on or before August 9,2002. 6. Class Counsel shall file an Affidavit of Mailing with this Court and serve copies of that Affidavit on all counsel by August 12, 2002. 7. Class Counsel will file and serve an Affidavit attaching all of the opt-out notices (with envelopes) timely received, and shall file and serve that Affidavit within 10 days after the opt-out deadline of September 23,2002.

3

201332.1

Case 1:01-cv-00210 Document 49 Filed 08/02/2002 Page 5 of 6

8. Class Counsel will file and serve an Affidavit attaching all of the Claim Fonns (with envelopes) timely received, and shall file and serve that Affidavit within 10 days after the Claim Fonn deadline of September 23, 2002.
9. Any briefs that Class Counselor defense counsel wish to submit in response to objections or comments received by class members must be filed by October 3, 2002.
10. On October 8, 2002 at the hour of9:30 a.m., in Courtroom 1700 at the United States Courthouse, 219 South Dearborn Street, Chicago, Illinois, a hearing will be held to detennine the fairness, reasonableness and adequacy of the tenns and conditions of the Settlement set forth in the Settlement Agreement and Exhibits thereto, and to award attorneys fees and costs.
11. Any class member may appear personally or by counsel at the hearing and may object or express the class member's view regarding the Settlement Agreement. However, class members shall not be heard, nor be entitled to contest the approval by this Court of the Settlement Agreement, unless on or before the date set forth in the Mailing Notice, such class member files with the Clerk ofthis Court written objections, together with all papers to be submitted to this Court at the Settlement Hearing, and on or before that date serves all such objection and other papers on each ofthe following: (a) Class Counsel, Uche O. Asonye, Asonye and Associates, 11 South LaSalle Street, Suite 2140, Chicago, IL 60603; and (b) MWWS counsel, Michael W. Duffee, Matkov, Salzman, Madoff & GUllll, 55 East Monroe Street, Suite 2900, Chicago, Illinois 60603. Any class member who does not file and serve her objections in this manner shall be deemed to have waived her objections and shall be forever precluded from making any objections to the fairness or adequacy of the

4

201332.1

Case 1:01-cv-00210 Document 49 Filed 08/02/2002 Page 6 of 6
proposed Settlement Agreement. Objection should be the following heading: Espana v. Mid-West Wire Specialties. Inc., Civil Action No. 01 C 0210, Objections to Proposed Settlement Agreement.
12. IT IS FURTHER ORDERED that the hearing may be continued or adjourned by order of this Court, from time to time, and without further notice to the class.

5

201332.1

 
 Minute Order Form (06197) Case 1:01-cv-00210 Document 53 Filed 10/08/2002 Page 1 of 5
~u United States District Court, Northern District oflllinois

Name of Assigned Judge or Magistrate Judge

Sidney I. Schenkier

Sitting Judge if Other thlD Assigned Judge

CASE NUMBER

01 C 210

DATE

10/8/2002

CASE TITLE
MOTION:

Zaida Espana, et al. vs. Mid-West Wire Specialties, Inc.
(In the followmg box (8) mdicate the party fihng the motion, e.g.• plaintiff, defendant, 3rd party plainti"Jt and (b) state briefly the nature ofthe motion being presented.]

DOCKET ENTRY:

(I) o

Filed motion of[ use listiog in "Motion" box above.]

(2) o

Brief in support ofmotion due ___.

(3) o

Answer briefto motion due___. Reply to answer brief due___.

(4) o

Ruling/Hearing on ___ set for ___ at ___.

(5) o

Status hearing[heldlcontinued to] [set forlre-set for] on ___ set for ___ at _ _ _.

(6) o

Pretrial conference[heldlcontioued to] [set for/re-set for] on _ _ set for ___ at _ __

(7) o

Trial[set for/re-set for] on ___ at ___.

(8) o

[Bench/Jury trial] [Hearing] heldlcontinued to _ _ at _ _.

(9) o

This case is dismissed [with/without] prejudice and without costs(by/agreementlpursuant to]
o FRCP4(m) 0 Local Rule 41.1 0 FRCP41(a)(l) 0 FRCP41(a)(2).

(10).

[Other docket entry) ENTER JUDGMENT AND ORDER OF DISMISSAL. This case is

dismissed pursuant to settlement.

(11) II

[For further detail see order attached to the original minute order.]

No notices required, advised in open court.

No notices required.

Notices malled by judge's staff.

Notified cOWlsel by telephone.

Docketing to mail notices. Mail AO 450 form. Copy to judge/magistrate judge.

" c ,,~ 1 C I --~.

courtroom
.iik ~,..,..-t deputy',
initials

OCT 102002
10111912002

Case 1:01-cv-00210 Document 53 Filed 10/08/2002 Page 2 of 5

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

ZAIDA ESPANA, VITALIA MERO,

)

VIRGINIA MUNOZ, and ROSELlA

)

CASILDO,

)

Plaintiffs,

)

)

~

)

)

MID-WEST WIRE SPECIALTIES, INC., )

)

Defendant.

)

Case No. 01 C 0210

DOCKETED
OCT 1 oZOOZ

Judge Rebecca R. Pallmeyer

Magistrate Judge Sidney 1. Schenkier '.

FINAL JUDGMENT AND ORDER OF DISMISSAL

This matter comes before the Court for final approval ofthe Settlement Agreement dated

July 17, 2002. The Notice of Class Action Settlement Hearing was issued on August 9, 2002

The Court held a hearing on October 8, 2002, for the purpose of detennining whether the terms

of the Settlement Agreement are fair, reasonable, and in the best interests of the Classes, and for

the purpose of ruling upon the application of Class Counsel for attorneys' fees and costs. The

Court having considered the attached Settlement Agreement and Exhibits, all papers filed and

proceedings had herein and otherwise being fully advised ofthe premises, and good cause

appearing therefore, it is HEREBY ORDERED THAT:

1. This Court has jurisdiction over the subject matter of this litigation and over all

parties to this litigation, including all members of the Settlement Classes.

2. The Settlement Classes were conditionally certified by the Court's Order of

August 1,2002, and are defined in the Settlement Agreement. The Court now approves as the

two Classes for the Final Judgment all of the individuals in the following groups:

195327.1

Case 1:01-cv-00210 Document 53 Filed 10/08/2002 Page 3 of 5
'.-
(1) Ail current and former full-time female employees of Mid-West Wire Specialties, Inc., 4545 West Cortland Avenue, Chicago, illinois, who worked at Mid-West at anytime between January 1,1995 and December 31,2001; and
(2) Ail female workers who were sent by a temporary agency to perform services at Mid-West Wire Specialties, Inc., and performed services there for any 20 consecutive work-days between January 1, 1998 and December 31,2001.
3. This Court hereby approves the terms of the settlement set forth in the Settlement Agreement and finds that the settlement agreed to therein is, in all respects, fair, reasonable, and in the best interests of the Classes.
4. Mid-West Wire Specialties, Inc. shall comply with the terms of the Settlement Agreement.
5. This Court hereby dismisses, with prejudice to the Settlement Classes, each and every claim in the above-captioned case not arising out of the Settlement Agreement.
6. Class Counsel is awarded a total of $130,000 for attorney services and reasonable expenses. The Court finds these amounts are just and reasonable for compensation for Class Counsel. MWWS already had delivered a check to Class Counsel in the amount of $65,000 within 21 days of the expiration of the opt-out period. Within 21 days after the date of this Final Judgment, MWWS will deliver a check in the remaining amount of $65,000 to Class Counsel.
7. Ail Class Members and anyone claiming on behalf or through a Class Member, including attorneys, spouses, issue, agents, guardians, dependents, executors, assigns, heirs and representatives, are hereby forever barred and enjoined from instituting or prosecuting, either directly or indirectly, against any of the MWWS Parties (as that term is defined in the Settlement Agreement) any and all rights, claims or causes of action, whether known or unknown, which

2

195327.1

-. Case 1:01-cv-00210 Document 53 Filed 10/08/2002 Page 4 of 5

any of them has or may have against any of the MMWS Parties which do not arise out of the Settlement Agreement.
8. Each and all of the MWWS Parties are hereby released and discharged from any and all rights, claims and causes of action, whether known or unknown, that any Class Member or anyone claiming on behalf ofor through a Class Member, including attorneys, spouses, issue, agents, guardians, dependents, executors, assigns, heirs and representatives, has or may have against any of the MWWS Parties which do not arise out of the Settlement Agreement.
9. Neither the entry into the Settlement Agreement nor the consent to this Judgment is, or may be construed as, an admission by or against the MWWS Parties of any wrongdoing or liability. The Settlement Agreement, this Judgment and any documents related to any of the foregoing shall not be introduced in evidence in any proceeding against any MWWS Parties in any Court or agency or other tribunal for any purpose except to enforce the terms of the Settlement Agreement or this Judgment.
10. Within 30 days of the entry of this Final Judgment, MWWS shall send by firstclass mail, postage prepaid, to those Class Members who are listed on Exhibits A and B of the Settlement Agreement and who timely submitted a Claim Form, checks in the gross amounts reflected in paragraph 10.1 of the Settlement Agreement.
11. The notice given to the Classes of the Settlement Agreement and the other matters set forth therein was the best notice practicable under the circumstances, including the individual notice to members of the Classes who could be identified through reasonable effort. This notice provided due and adequate notice of those proceedings and of the matters set forth therein, including the proposed settlement set forth in the Settlement Agreement, to all persons entitled to

3

19S327.1

.. •

Case 1:01-cv-00210 Document 53 Filed 10/08/2002 Page 5 of 5

such notice, and the notice fully satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, including Fed. R. Civ. P. 23(b)(3), (c)(2), and the requirements of due process.
12. Without affecting the finality of this Judgment in any way, this Court hereby retains continuing jurisdiction over all parties hereto for the purpose of enforcing and administering the Settlement Agreement. This Court's retention ofjurisdiction is pursuant to the agreement of all parties hereto, and is made a condition of this Order of dismissal under Federal Rule of Civil Procedure 41.

Hon. Sidne Schenkier United States Magistrate Judge
Date

4

195327.1

 
 Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 1 of 30 PageID #:1
.J
v

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

ZAIDA ESPANA, and

)

VITALIA MERO,

)

Plaintiffs,

)

)

)

)

v.

)

)

)

)

MIDWEST WIRE SPECIALTIES, INC., )

Defendant.

)

Judge:
.,JUDGE .P.ALUMMR
Magistrate:
MAGISTRATE JUDGE SCHENKIER

COMPLAINT

DOCKETED

Plaintiffs,

by

their

undersigned

attorney,

and

for

their

.
complaint of

JAN 1
discrimina1i6h200t

against Defendant, state as follows:

NATURE OF CASE 1. The cause of action for Plaintiffs arises under Title VII of the Civil Rights Act, 42 U.S.C. Section 2000e, as amended.

JURISDICTION AND VENUE

2.

This Court has jurisdiction over this matter based upon 42 U.S.C. 2000e.

3.

Venue in the Northern District of Illinois is proper. The claim for relief arose

in this state as required by 42 U.S.C. 2000e.

-1-

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 2 of 30 PageID #:2

v

v

4. All conditions precedent have been fulfilled by each Plaintiff, including the filing of a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") of the United States Government, and a request and receipt of Right-to-Sue Letters. (Said Charges And Right to Sue Letters Are Attached Hereto as Exhibit A).

5. of Illinois.

PARTIES Plaintiff, ZAIDA ESPANA ("ESPANA"), is female and a resident of the state

6. Illinois.

Plaintiff, VITALIA MERO ("MERO"), is female and a resident of the state of

7.

Defendant, MIDWEST WIRE SPECIALTIES, INC. is duly registered to

conduct business in the state of Illinois.

8. At all times pertinent hereto, Defendant, MIDWEST WIRE SPECIALTIES, has been engaged in an industry affecting commerce and has had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.

9. That after investigating the EEOC charge of Plaintiff, MERO, the EEOC concluded and issued a report as follows:

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boCyfhhtaheregr isnPeglxa,PnfaterMmtyaaalnelal,egigneervsaiotnhladattibosynhaeofhcToai-stwleboeVrekIeIn,rd.inistchraimt sinhaetewdasagsaeixnusat lolynhthaerabsasseids tEPrIhehxaaaahrtstviyotbehnoiedtaneBbPttl)ehel.aremcnabtinuaMessediasnttoohafabghteetelrhieresvseeeexvxtuhi,daaielntlnyRvcheieoasloaprabtoistonasndienedoenfdtCTdinhiistaltcehrrgeiVminIinIig.nvaePTtseahtdiregtyaae.gtviao(idAinnetsetnatscCcteahhbsealhdirsgohiAwnesgss

10. That after investigating the EEOC charge of Plaintiff, ESPANA, the EEOC concluded and issued a report as follows:
hboCayfhrhaaehrsgresisrmnegexs,nPuftpae.ermtryvaailsello,ergineavsniotdhlaattrioesnthaeoliahftTaeisdtlebeaVegInIa, idinnissttchraifmot srinhacetoewmdapaslgasaienixninusgat lolynahbthaoeruatbsastsheieds
(rtPrIAheehataataurttstavryConecenhohddaaneebrdtgttlehoeiAnrecmghsabeiPunaErseasxpeidrhstoyttiosohb'siaftbiitsohteuCtnelhipe)re.eavsreefevtvextihsi,rdaoiesntrhnRsveceeieoxsmluopaaabotildtnolayedninheaoeanfdrtsaTdiesniistxsltceuehradeiVmlhIinIihe.nvaraeTratasehntsdiedgsaamtehgtvieaaoidnitnnetssenhctsceoCteamwhbspaalhilrssagohininwneotgss.t

COUNT I - ZSAEIDXAUAELSPHAANRAA'SSSHMOESNTTILCELEANIMVIRONMENT
11. That ESPANA was hired by Defendant on or about June 6, 1996 as a Machine Operator.

12. That Plaintiff was subsequently promoted to the position of Welder Supervisor.

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13. That at times material herein, Plaintiff was employed as a Welder Supervisor and was subsequently demoted to a position in Defendant's shipping department.

14. That during her employment, ESPANA performed her assigned tasks in a satisfactory and conscientious manner according to Defendant's standards.

15. That during her employment with Defendant, Plaintiff was supervised by ROBERT ANZURES ("ANZURES"), Supervisor.

16. That starting in January 1998 and continuing until November of 1998,
ESPANA was subjected to persistent sexual harassment by ANZURES.

17. That during said period, ANZURES would walk up behind ESPANA while she was welding and grab her waist with both hands or run one finger down her back approximately six (6) times per day.

18. That ESPANA would ask ANZURES to stop and back away from him to maintain her physical distance from him. In response, ANZURES would laugh and ask Plaintiff why she was "so chicken."

19. That on other occasions, ANZURES would approach Plaintiff from behind and blow air in Plaintiff's ear.

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20. That in addition, ANZURES made sexually explicit comments to Plaintiffsuch as: "You look nice today" or "those pants look nice and tight on you," and would ask ESPANA "when will you accept an invitation to got out?" or "do you want to go get some coffee?"
21. Thatfurthermore, ANZURES would ask that Plaintiff take off her sweater so he could see her blouse.
22. That in August of 1998, ESPANA witnessed the Plant manager, CHARLES SCHLISMANN ("SCHLISMANN"), with his penis exposed in front of another female employee, Margarita (Last Name Unknown). SCHLISMANN grabbed a mask to cover his penis and ESPANA left the area.
23. That on November 10, 1998 while welding, ESPANA was approached by ANZURES who asked her to help him search for some molding located on the second floor; ESPANA resisted but ANZURES insisted; ESPANA ultimately went with him to search for the molding. After they could not locate the molding and were coming down the stairs, ANZURES pushed ESPANA by the shoulders up against the wall, grabbed and attempted to kiss her mouth.
24. That ESPANA moved her head from one side to the other to prevent him from connecting with her mouth. Nevertheless, ANZURES was able to kiss her on the neck and cheeks.
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25. That ANZURES only stopped and freed Plaintiff after he observed another employee, Louis Terraza, in the area.
26. That ESPANA told ANZURES notto bother her again and to leave her alone. ESPANA also told him that she did not approve of his sexual overtures nor was she interested in having a personal relationship with him.
27. That ESPANA did not report ANZURES to the plant manager, SCHLISMANN, because he is also known for harassing female workers in the plant and because ESPANA's sister previously reported the sexual harassment she [Claudia Espana] was going through in the hands of ANZURES and was ultimately retaliated against and constructively discharged.
28. That on November 24, 1998, ESPANA was transferred to the shipping department by ANZURES. Her salary was also reduced from $8.50 per hour to $8.00 per hour.
29. That ANZURES began requiring that ESPANA work alone on tasks that usually requires two employees to accomplish.
30. That ESPANA questioned her demotion and salary reduction with SCHLISMANN. He promised ESPANA that she would return to her former position within
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v
two weeks.
31. That ESPANA was nevertransferred back to her welding supervisor position. Instead, ESPANA was replaced by Estela Garcia who is known to be ANZURES' girlfriend.
32. That Defendant condoned sexual harassment and failed to maintain a harassment-free work environment by failing to provide adequate training, counseling, and instructions to its employees, and officers, especially ANZURES with respect to sexual harassment of female employees.
33. That Defendant condoned sexual harassment and failed to maintain a harassment-free work environment by failing to employ an effective anti-sexual harassment policy with respect to its employees and agents, especially ANZURES.
34. That Defendant failed to maintain a harassment-free work environment by failing to take effective corrective action against ANZURES after it became aware that he was making unwelcome sexual advances toward women who worked for him and assaulting them on an ongoing basis.
35. That as a result of these failures by Defendant, ANZURES continued to use his authority as supervisor to force his unwelcome sexual advances, offensive conduct and assault on ESPANA and several other subordinate females on an ongoing basis.
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36. That Defendant's treatment of ESPANA was motivated by evil motive and intent and was in reckless and callous indifference to ESPANA's federally protected rights.

37. That the sex discrimination and sexual harassment that ESPANA was subjected to in the hands of Defendant, its agents, representatives and employees was persistent in nature, unwelcome, extremely offensive, humiliating, and had the effect of creating a hostile and intimidating work environment for ESPANA.

38. That said continuous and persistent sex discrimination and sexual harassment adversely affected the terms and conditions of her employment with Defendant.

39. That as a direct and proximate result of said unlawful employment practices and disregard for ESPANA's rights and sensibilities, ESPANA has lost and wi!l continue to lose substantial income, including but not limited to wages, fringes, pension, seniority benefits, and other employment benefits that are due her.
40. That as a further direct and proximate result of said unlawful employment practices, ESPANA has suffered the indignity of discrimination, the invasion of her right to be free from discrimination and great humiliation which is manifest in physical illnesses and emotional stress on the relationships between ESPANA and her friends and family.

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41. That as a further direct and proximate result of said unlawful employment practices, ESPANA has suffered extreme mental anguish, outrage, severe anxiety about her future and her ability to support herself, harm to her employability and earning capacity, painful embarrassment among her friends and co-workers, damage to her reputation, disruption of her personal life, and loss of enjoyment of the ordinary pleasures of life.

PRAYER FOR RELIEF
WHEREFORE, ESPANA respectfully requests that the Court provide the following equitable and legal relief:

a.

Advance this case earliest practicable possible way.

on the docket, order a date and cause this case

speedy hearing at the to be expedited in every

b.

Order of sex

a permanent injunction prohibiting Defendant discrimination and sexual harassment.

from

further

acts

c.

AbloewsnsaerofditfsEeSlaoPrsnAt itnNogAthcaeapppparrocepistryeianattenwdbiathrcekaim-ppbpaulyic,rsareebimlnesestnattateftmuotreoinrnytc, iofnumtteuerreeasnte.darnfriinnggse,

d.

Award ESPANA costs of litigation, including fees and expert fees and expenses.

reasonable

attorneys'

e

Award ESPANA a judgment against Defendant for compensatory

damages.

f.

Grantjudgment against wanton conduct.

Defendant

for

punitive

damages

for

willful

and

g.

Enter an eliminate

order requiring Defendant to implement effective steps to sex discrimination and sexual harassment discrimination

from Defendant's organizations.

h.

Grant such other and further relief as this court deems just and

proper.

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COUNT II COMPLAINT OF ZAIDA ESPANA FOR QUID PRO QUO SEXUAL HARASSMENT
42. ESPANA incorporates the preceding paragraphs by reference here.

43. That Defendant's conduct in harassing and mistreating Plaintiff, ESPANA, amounts to quid pro quo sexual harassment in violation of the law.

PRAYER FOR RELIEF WHEREFORE, ESPANA respectfully requests that the Court provide the following equitable and legal relief:

a.

Advance this case on the docket, order a earliest practicable date and cause this case possible way.

speedy hearing at the to be expedited in every

b.

Order of sex

a permanent injunction prohibiting Defendant discrimination and sexual harassment.

from

further

acts

c.

AbloewsnsaerodfitfEseSlaoPrsnAtinNtogAthcaeapppparrocepistryeianattenwdbiathrcekiam-ppbpaulyicr,sareebmilnesestnattatetfuomtroeirnnytc,ionfumtetuerreeasent.adrnfriinnggse,

d.

Award ESPANA costs of litigation, including reasonable attorneys'

fees and expert fees and expenses.

e.

Award ESPANA damages.

a

judgment

against

Defendant

for

compensatory

f.

Grant judgment against wanton conduct.

Defendantfor

punitive

damages

for

willful

and

g.

feErlonimmteinrDaaetnefeosnreddxaenrdti'rssecqoruirmgiraiinnngaiztiaDotneiofnea.nnddasnet xtouailmhpaleramsesnmteenfftedcitsivcerimstienpastiotno

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h.

Grant such proper.

other

and

further

relief

as

this

court

deems

just

and

COUNT Ill
COMPLAINT OF ZAIDA ESPANA FOR RETALIATION
44. ESPANA incorporates the preceding paragraphs by reference here.

45. That Defendant's conduct in harassing and mistreating Plaintiff, ESPANA, was a result of Plaintiff's assertion of her civil rights and her opposition of conduct which ESPANA in good faith believed to be sex discrimination and sexual harassment.

46. the law.

That Defendant's treatment of Plaintiff amounts to retaliation in violation of

PRAYER FOR RELIEF WHEREFORE, ESPANA respectfully requests that the Court provide the following equitable and legal relief:

a.

Advance this case earliest practicable possible way.

on the docket, order a date and cause this case

speedy hearing at the to be expedited in every

b.

Order of sex

a permanent injunction prohibiting Defendant discrimination and sexual harassment.

from

further

acts

c.

bAloewsnsaerofditfsEeSlaoPrsnAtintNogAthcaeapppparrocepistyreianattenwdbiatrhcekiam-ppbpaulyicr,sareebmilnesetsnattateftmoutreoinrnytc, iofnumtteuerreeasent.adrnfriinnggse,

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..

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d.

Award ESPANA costs of litigation, including fees and expert fees and expenses.

reasonable

attorneys'

e.

Award ESPANA damages.

a

judgment

against

Defendant

for

compensatory

f.

Grant judgment against wanton conduct.

Defendant

for

punitive

damages

for

willful

and

g.

feErlonimmteinrDaaetnefeosnreddxaenrdti'rssecqoruirmgiraiinnngaiztiaDotneiofnea.nnddasnet xtouailmhpaleramsesnmteenfftedcitsivcerimstienpastiotno

h.

Grant such proper.

other

and

further

relief

as

this

court

deems

just

and

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COUNT IV- VITALIA MERO'S HOSTILE
ENVIRONMENT SEXUAL HARASSMENT CLAIM
47. MERO incorporates the preceding paragraphs by reference here.

48. That MERO was hired by Defendant in March 1996 as a packer.

49. That during her employment, MERO performed her assigned tasks in a satisfactory and conscientious manner according to Defendant's standards.

50. That starting about May 1997 and continuing until about March 30, 1999, MERO was subjected to persistent sexual harassment by SCHLISMANN.

51. That SCHLISMANN would tell MERO: "I like you" or "I would like to go out with you" approximately three (3) to four (4) times per week.

52. That SCHLISMANN made further comments such as: "I like your mouth", "I like your hands" or "I like how you painted your nails."

53. That about June 1998, MERO was returning to her work area from a bathroom break when SCHLISMANN grabbed, kissed and placed his tongue in her mouth while groping her buttocks.

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54. That a co-worker, JOHNNY COMER ("COMER"), witnessed MERO struggling to break free from SCHLISMANN. COMER complained to SCHLISMANN that he [SCHLISMANN] should not be doing that to MERO.

55. That being afraid COMER would report the incident, SCHLISMANN paid COMER two hundred dollars ($200) to keep him from reporting. COMER accepted the money from SCHLISMANN and never reported him.

56. That in or about October 1998 while MERO was on break reading a book, SCHLISMANN came up behind her, kissed her neck and asked "what are you reading?"
57. That on March 11,1999, a co-worker, FARON SOTH ("SOTH"), asked MERO if she wanted to have sex with him and Miguel (last name unknown). MERO reported said sexual harassment to the immediate supervisor, Jim (last name unknown). On the same day, SCHLISMANN told her to write a complaint about SOTH which she complied with.
58. That on March 18, 1999, SCHLISMANN used the matter of SOTH's sexual harassment as a pretext to approach MERO. He asked if everything was all right and then attempted to kiss MERO.

59. That Defendant condoned sexual harassment and failed to maintain a harassment-free work environment by failing to provide adequate training, counseling, and instructions to its employees, and officers, especially SCHLISMANN with respect to sexual
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v

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harassment of female employees.

60. That Defendant condoned sexual harassment and failed to maintain a harassment-free work environment by failing to employ an effective anti-sexual harassment policy with respect to its employees and agents, especially SCHLISMANN.
61. That Defendant failed to maintain a harassment-free work environment by failing to take effective corrective action against SCHLISMANN after it became aware that he was making unwelcome sexual advances toward women who worked under his supervision and assaulting them on an ongoing basis.

62. That as a result of these failures by Defendant, SCHLISMANN continued to use his authority as supervisor to force his unwelcome sexual advances, offensive conduct and assault on MERO and several other subordinate females on an ongoing basis.
63. That Defendant's treatment of MERO was motivated by evil motive and intent and was in reckless and callous indifference to MERO's federally protected rights.
64. That the sex discrimination and sexual harassmentthat MERO was subjected to in the hands of Defendant's, their agents, representatives and employees was persistent in nature, unwelcome, extremely offensive, humiliating, and had the effect of creating a hostile and intimidating work environment for MERO.

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v

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65. That said continuous and persistent sex discrimination and sexual harassment adversely affected the terms and conditions of her employment with Defendant.

66. That as a direct and proximate result of said unlawful employment practices and disregard for MERO's rights and sensibilities, MERO has lost and will continue to lose substantial income, including but not limited to wages, fringes, pension, seniority benefits, and other employment benefits that are due her.

67. That as a further direct and proximate result of said unlawful employment practices, MERO has suffered the indignity of discrimination, the invasion of her right to be free from discrimination and great humiliation which is manifest in physical illnesses and emotional stress on the relationships between MERO and her friends and family.
68. That as a further direct and proximate result of said unlawful employment practices, MERO has suffered extreme mental anguish, outrage, severe anxiety about her future and her ability to support herself, harm to her employability and earning capacity, painful embarrassment among her friends and co-workers, damage to her reputation, disruption of her personal life, and loss of enjoyment of the ordinary pleasures of life.

PRAYER FOR RELIEF WHEREFORE, MERO, respectfully requests that the Court provide the following equitable and legal relief:
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v

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a. Advance this case on the docket, order a speedy hearing at the earliest practicable date and cause this case to be expedited in every possible way.

b. Order a permanent injunction prohibiting Defendant, MIDWEST WIRE SPECIALTIES, from further acts of sex discrimination and sexual harassment.

c. Award MERO appropriate back-pay, reinstatement, future earnings, loss of earning capacity and reimbursement for income and fringe benefits lost to the present with applicable statutory interest.
d. Award MERO costs of litigation, including reasonable attorneys' fees and expert fees and expenses.

e.

Award MERO damages.

a

judgment

against

Defendant

for compensatory

f.

GrantjudgmentagainstDefendant, MIDWESTWIRE SPECIALTIES,

for punitive damages for willful and wanton conduct.

g.

Enter an eliminate

order requiring Defendant to implement effective steps to sex discrimination and sexual harassment discrimination

from Defendant's organizations.

h.

Grant such proper.

other

and

further

relief

as

this

court

deems

just and

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Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 18 of 30 PageID #:18
v

RESPECTFULLY SUBMITTED,
ZAIDA ESPANA, VITALIA MERO,

BY.~~~~:____:~~
Uche 0. Asonye Their Attorney
06209522
ASONYE & ASSOCIATES
11 South LaSalle Street Suite 2140 Chicago, Illinois 60603 (312) 795-9110

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Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 19 of 30 PageID #:19
v

JURY DEMAND
NOW COME Plaintiffs by their undersigned attorney and demand a trial by jury in the above entitled cause of action.

RESPECTFULLY SUBMITTED,
ZAIDA ESPANA, VITALJA MERO,
"\~~ Their Attorney

06209522

ASONYE &ASSOCIATES

11 South LaSalle Street Chicago, Illinois 60603

Suite 2140

(312) 795-9110

-19-

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 20 of 30 PageID #:20

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FILE COPY

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 21 of 30 PageID #:21

.
',.,.-.< I

r-

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Mar 23 1~:41 1999

CP Initials -cf.)C6.

Chg

#

210992104,

Attachment ·Page
AE:c~:tv~:o /:£:.(.)..._....

1

E--q-u-a-l --E-m-p-:-o-y-m-e-n-t-.-O·p-p-o--rt-:.-w-i-t-y--C-o-m-m--i-ss-i-o-n---------------------------------
Form 5 -'Charge of Discrimination, Additional Text --------~---------~-------------------------------~~·1iAsi5o/;-----------

iRtcr Of:;:·c::

also bel~eve that : was transferred out of my unit as a result of having

rejected said individual's advances. retal1at$d against for having filed a

Finally, I believe that I was charge of sexual discrimination

with the:Commision en Human Relations of the City of Chicago in that !

have sin¢e been subjected to new and unfair employment conditions.

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 22 of 30 PageID #:22

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NOTICE OF RIGHT TO SUE-- TITLE VII/ ADA/ADEA
IConci&atlon Failure)

To: CERTIFIED MAIL NO.: 70?9.J400.0006-'1309-ll4l CP ATTY. Zalda K. Espana 2234 South Homan Ch i~ago, Illinois 60623

D

011 Orhalf r( u pt!rsvn t~ggritvtd whott idtntity iJ CONFTDEN17AL

129 ~.F.R. 1601

Charge Number ·

From: Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2800 Chicago, Illinois 60661-2511
TtJtphone Numbrr

( See the additio~' al information attached to this form }

The Commissi~n has found reasonable cause to believe entered inlo a conciliation agreement to which you are

that your charge of employment discrimination is true but has not a party because attempts to achieve such a voluntary settlement

with responde;t(s) have been unsuccessful.

T!chhhiaesrSgCeoo,tmiecmxecio.e.f.pi1Uo!n-bigahhtat ts1h0deSeCtueoer.mmWminiielshdsitothhneamitsIastuywasnielcleeknoostftatbthruiissngNasaoitcincitveeirltvhaeecntCoioornmifamygoiasuisnidosetnctihtdeeermrteoisnpsauotenesdoenitnsyt(op•ru)oraconewdssnawcbcietohhradrleifnsagpsleydcteisstocisrsyiuboienud&r below.

cIRroEymoCpuEewItePanTnttOjutoFri:isTpduHircIstSuioeNny.OoITuFrIYCcOhEaUOrgDFe ERfuCIrGItDhHeETr,TTyOoOuSSUhUaEvE,e:YtOhOeTUHriMgEhRUtWStoTIsSDuEeOYtSbOeOUrWeRspIRToIHnGdIHeNnTtN(TsI)NOnEaSTmUYeEd(9IiS0n)LyDOoAuSYrTcS.hFarRgOe Min

a court YOUR

of

Your suit may: include any allegation contained in your should bave b"'n discovered by the Comml•slon during

charge of employment discrimination its investigation of your charge.

or

any

matter

which

was

or

On Behalf of the Commission

;:!#' P.~ector .-- (

. !.&-&4~ ,/

John

Enclosures 1Dform11tion sheet Copy of tharge
cc: Resppndent(sl

Midwtst Wire Speci1ltles Company, Inc.

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 23 of 30 PageID #:23

CHARGE''

·
..

!DISCRIMINATION

11 atttcttd Dy tht Pr1vacy Act of 1874; Set Pr1vacy Act Statt•tnt

Illinois

Pept.

of Human Rights SI!Ut or locGIAgmey, iftJ11Y

FEP J\ EEOC

CHARGE NUMIER
210992218

and EEOC

0 RACE

D COLOR

IXJ SEX

0 AELIOION

0 NATIONAL ORIGIN

0RETALIAUON 0AO£

0 0 DISAIILITY

OTHER (.>p•<lf)')

03/31/1999

THMaIbcR~E .yoaePaP--AsnwmRwpaaTIoyocIogCrnkUerMwkLkrdeAeeeRraartSn.rnso'·;t~,asAlhRgdEScieoraIiremn(m.lldlrceimeme•degbOndmntaMynoUcetoetanidMdytaohiJtaanoe1a•rtpns9cetuah9s:lttbyaoi7Jnoy1,f•vc1vne~aoas,ednfemnsfd~x1dyt,pa9uitlgamch9aateoa9tiliudnnn,thigheto'RdIiaznnrare.unawbtsosiropa8nshesou•mtggRnt!ta,sdiee~emrseJnd)xIpynttiou.tnhpnagoardlonvOleybmennlotiebMhnrmeaeaaaebsrrnbaaocnwhsoudssutiee2ttdhomx3My,utbhhaayi1celrmo9clryha9-wb9h1e,o9acr9mark6auyessrsae.esd he was in big trouble.

II. I believe that I have been discriminated against Female, in Violation of T~~le VII of the Civil Rights

because of my sex, Act of 196~. as

ame~ded, in that :

a. I have been sexually harassed by my Manager since May 1997;

b, Most recently, I was also sexually harassed by complained to Respondent. Respondent is currently

a co-worker, I making an internal

investigation.

• Y J - - - - - - - - - - - - - - - - - - - - - - l I want th1t charge f1ltd wttn Doth tht E£0C and tbt State NOTARY ~ (WI'Itn ntcesaary for State and t.oeal Requir...nts)

1t II'IY· 1 w111 aclvilt tbt ag•n;tn 11 1 change nu.btr and eooptrltt fully Wlth the• tn tht

I swear or &1f1nl tnat I bavt read the above charge and that 1t 11 trut to tftt ~tst of •Y kn~ltdOt, 1nfo~t1on and btlltf.

I dtclart and correct .

SIGNATURE OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
(Day. aontb. and year)

FILE COPY

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 24 of 30 PageID #:24

.,- ;o • ,..

···t

J~-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NOTICE OF RIGHT TO SUE -- TITLE VII I ADA/ADEA
(Conciliation Failure)

1'•>: CERTIFIED MAIL !'10.: 7099-J400-0906-7309-%142 CPATTY. Vitalia Mero 2737 North Merrimac Chicago, Illinois 60639

D CO.~'FIDENT!AL On bt/lalf(),1 a pi!'S.Jn aggritw'!J whmt idtntity is
129 r;.F.R. 1601. 7(a))

C!larg• Numbtr 210092218

EEOC Repnstntgt/vo
Ms. Kare11 Sheley. Investigator

(See the additional information attached to this form )

From: Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2800 Chicago,lllinol.s 60661-2511
T<ltphont Numlltr (312) 886-9466

Tht Commissi9n has found reasonable cause to believe that your charge of employment discrimination is true but has not enterrd into a i:onciliatlon agreement to which you are a party because attempts to achieve such a voluntary settlement with respondeat(s) have been unsuccessful.

The Commiosion has determined that it" ill not bring a civil action against the respondent(s) and accordingly Is lssuinll this Notice of J!tight to Sue. With the issuance of this Notice the Commi.ssion terminates its process with respect to your charge, exeept:that the Commission may seek status as intervenor if you decide to sue on your own behalf as described
below.

If yo~ want to.pursue your charge further, you have the right to sue the respondent(s) named in your charge in a court of competent jurisdiction. IF YOV DECIDE TO SUE, YOU MUST DO SO WITHIN NINETY 190) DAYS FROM YOUR
RECEIPT OF' THIS NOTICE OF RIGHT TO SUE: OTHERWISE YOUR RIGHT TO SUE IS LOST.

Your suil may include any allegation contained in your charge of employment discrimination or any matter which was or
should ha.. been discovered by the Commission during its investigation of your charge.

On Behalf of the Commission

Enclosuret lnformajion sheet Copy of,Charge
cc: Rupondent(s)

Mid~·est Wirt Spec:ialties CfJmpany, inc:.

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 25 of 30 PageID #:25
... ..

"

... 1 .. ••

U.S. EQUAL EMPLOYMENT OPPORTUNITY COl\1:\IISSION

Chicago District Office

soo West M.Uison St., Suite 2800

Chicago, IL 60661

Pll: (312)353-2713

TDD: (312) JSJ-2421

ENI'ORCfMENT fAX: (312) 886-1168

LEGAL FAX: (312)353-SSSS

EEOC Charge Number: 210992218
Vitali~ Mero 273 711<orth Merrimac Chica$o. Illinois 60639
. vs.

Charging Party

Midw~st Wire Specialties Co. Inc. 4545 'Nest. Courtland Chica$o. Illinois 60639

Respondent

DETERMINATION

cOUhpnapdrgoerartuftihnleeitdyauCuntohdmoerrmiTtiyistslvieoeVnstIe(IEdoEfiOnthCme),CeIivibsiysluRtehitgehhetPsfrooAlclceotdwouirfnag1l9d6Re4et,egraumslaiantmiaoteninosdneoodfn(tTthhieetlemEVqeurIiIat)ls.

Employment ofthe subject

The R~spondent have bCen met.

is

an

employer

within

the

meaning

of Title

VII,

and

all

requirements

for

coverage

Charging Party alleges that she has been discriminated violatipn ofTitle VII, in that she was sexually harassed

against on the basis of her sex, female, in by the Plant Manager and by a co-worker.

obI efhlTaieivtvel'e,idtVheatIeIt.rRmTeishnpeeodenvdthiedanettntdhcieescserhviomidwiensnatctheeadotabtghtaaeiinnPeslatdnthitneMCthahenaairnggveinregsstePigxaaurttaiylolonynhetsahtreaabbslsaiessdihseCosfhrhaeeragrsisonengxa,bPilanervtcyiao. ulasteiotno

oPttToobrnotjeoicalseiiinr<ndr:~(~jwuditnreiaadtrlhtumeRritiunhennaeggtluCaitlwohaontefmiuiocsmlnopfsinirsnc(asa2icill9ot.iiancCtWeiiFonshnRbreeypnParicatonhrhcfteieon1sCrgsm6o0awam1jliu.ml2mls6itebs)rt.esheimsooodnalsudfomteifodocnsnooltnyhfcatiithnliivasaitcoimoclanoatt.ritdoeTarnn.hsceDheraeiwvfsoceirltooeh,cstucIhurieernrCvoeifdotie,mnitftmhoaeritsmptseaaimrottinpioet'nsss

pRcoaCIooftfeosrttsmhhrtiphteieiomseco~nt~nisiedsvistsseametipntehoauotebnntnyneyddrosweepptpnrwrorotteuoeepvslwodeeeeinsnnhnsitgthnafiaaovevgtgiresetvceertheeoeriewlmnaialedricsutfecbhf.neoiuldpnTartetwhaf1stoeif4chgursoidnelsdnaeireciysdenmicslmvritopiaioetmlftadoittomiihyinenoemasanadktemogatenorrtatyeetpyehpoaamericfrnattdecciiinodectliuttinece;pdnserta,etmhsti,b,eafiaaitnpiescnpaldkaartcoicppvoopepainnmorcy.cost,eiipaTlrmnilrehaitsssatehtoitoorewofren,uahimaldteodineefolfnbdenaotiegrieoaftrpsnsiefre,fdelodooimvtrstvimotevdibniceaopettdylinrbamotedytovfiosoititthdhinssneoees, ~-~··· EXHIBIT .
I (l)

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 26 of 30 PageID #:26
. .; .... ..

EEOC Charge Number: 210992218 Pageiz of2

injun~tive relief. compensatory and t~e resolution of the claim.

andior

punitive

damages,

and

notice

to

employees

ofthe

violation

SctSeohhrnoroncuusilli:!ipilal tttwhihoeeonruReeledfbsfelpoiorkntnesodtworeenopstuprhloodapnvobseseeef,ffuurwrottimheleeertnohqcreuoneuRosrnetai-sogppnerosointdrdetuoegcnacttirovdwneit.niatghctitnhthe1ec4oasdnsaciyiglsni.aetwdioeCnmopmraoymcecissossnioocrlnutrhdeeepcrtoehsanetcnifltuiaartttihvioeenr.

On Behalfofthe Commission,
c__-~lJA!{'~ P. owe District Director

,

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 27 of 30 PageID #:27

U.S. EQt:AL EMPLOYMENT OPPORTV:"'ITY CO)Il\liSSION

Chicago District Office

son West M•dison St .. Suote 2800

Chi~ago, :t 00661

PH: (312) 3!3·2713

TDO: (312) 3!3·2421

El'<FOIKEMENT FAX: (312) 8!6-1 168

LEGAL FAX: (312) JlJ.RlSS

EEOC Charge Number: 210992104
Zaida Espana 2234 ~outh Homan Chicago, Illinois 60623
vs.

Charging Party

MidWrest Wire Specialties Co. Inc. 4545 West. Courtland Chicago, Illinois 60639

Respondent

J>ETERMINATION

cOUhpnadprgeoerltuftihnleeidtyauCuntohdmoerrmiTtyiistslveioenVstel(lEdoEfiOnthCem),CeIivibsiysluRethitgehhePtsfrooAlclcoetdwouirnfag!l9d6Re4et,egraumslaaintmiaoteninosdneoodfn(tTthhieetlemEVqeurIiaIt)ls.

Employment ofthe subject

The Respondent have lj)een met.

is

an

employer

within

the

meaning

of

Title

VII,

and

all

requirements

for

coverage

cvCoihomalarptgiloianinngionPfgaTratibytloeauVltleItghI,eeisnhtathhraaatstsssmhh~eenhwta.assbseeexnuadlilsycrhimarainsaseteddbayghaienrsstuepnertvheisobraasinsdorfethaelriasteexd,afgeaminaslet,foinr
terbIoevehtilhadaileeevivrmae,etpcedoedteshstiaeahtig:roomawnRiinsenassetfthptdehaortetnhrCsdahfehtoenartrtmhgmedianadiesgkevciPirnad:agmesrenatixynccuea'soateosmldubhpptaaalearigrnaivanseiistdsnmoasibtrenosntehtuthxetceuothCaimnelhlvpyahelrahasgriatinairngstag.assmtsiPeoedannrhtte,yesritnoaanbnvdliitoshtlhheaeatsitbosarnheseiaosswfooTanfsaitnhbleoelertVrcseIaeItuu.xsrnTeaenhtddoe otP:Toobrhojteoiacslii1iefmd1ldeeuwidtnreiaadrtlthmueRrtiuihnenneaggltuaCiotlwhoanetfmiuoicsmlnofpsinisrncsa(a2iicllo9t.iinacCt\eii\onFs'hnRbreeypnaPrciaotnhhrcftieeon1srCgsm6oa0wamj!lui.lm2mls6tibe)sret.sehismooodnalsudftioeinofdoncsnooltnyhfcatiihtnliivasaitcoimoclaonatrt.itdoeTanrn.hsceDheraeiwvsfcoeiltrohoesc,tucIhruieenrrvCoeifdotei,mnitftmhoaeritmsptesaamirottipnioet'nsss oCaItffottthhmheeims:Rstitiseamsstiuepotobnenysrdepweprnerotepeswoensinfsiotnhargectisevteteaorrmweascidtchfeeoispnrigta1nt4cheoiddsnaticyonislvimoiattfaaitktohienoentadhgateorteeipedoamefrnteditnciefittip;eenatdhtneavitniincpatrticiomoopnnso.cswiaTlhlihaosethlieoroenuamnleddeffdbtoieoertpspsr,froooivtrvimviddieaoedylatdtoioothnsoes
EXHIBIT
I c

' ., •• .• f'

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 28 of 30 PageID #:28

EEOC Charge Number: 210992104 Page 2 of2
corrective and preventive relie[ These remedies may include, as appropriate, an agreement by the Respondent not to engage in unlawful employment practices, placement of identified victims in positions they would have held but for discriminatory actions, back pay, restoration oflost benefits, injunctive reEef: compensatory and/or punitive damages, and notice to employees of the violation and tile resolution of the claim,
Should the Respondent have further questions regarding the conciliation process or the conciliation tenns it would like to propose, we encourage it to contact the assigned Commission representative. Should there be no response from the Respondent within 14 days, we may conclude that further conciliation efforts would be futile or non-productive.
On Behalfofthe Commission,
.:;ql'e!N Ill, =:PO
Date

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 29 of 30 PageID #:29

JS44
(Rev. 07/89)

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local

;h~:)IS;~:;;~ ON THE REVERSE OF TJi ~~R~ \LlMEYER F. I L E l rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is reQuired for the use of the Clerk of Court for the purpose of initiating the civil docket

k ...

DEFENDANTS

Zaida Espana, and

SCllEI~I<liilfwe•st Wire Specialties J

Vitalia Mero 'M.&.Gl5i"!'R.ATB JUDGE
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)

AN 11 2001

0 n ~ Q " /"ro~~~Afl couN ~CW>EN o 1 r usr~N:A"il, · s. 0W1S. TDRO1BcrBcINoSt

U. . PLAINTIFF CASES ON NOTE: IN LAND CONDEMNATION CASES, USE THE LO
tu TRACT OF LAND INVOLVED

t rfiT#J.;j1j~.rc;~~Jt

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Uche o. Asonye
Asonye & Associates
11 South LaSalle Street, Suite 2140 Chicago, IL 60603 (312)795-9110

ATTORNEYS (IF KNOWN)
Donna Colley
Berens & Tate, P.C.
10050 Regency Circle, Suite 400 Omaha, NE 68114 (402)391-1991

II. BASIS OF JURISDICTION

(PLACE AN" !NONE BOX ONLV)

0 1 U.S. Government
Plaintiff

Of 3 Federal Question
(U.S. Government Not a Party)

0 2 U.S. Government
Defendant

0 4 Diversity (Indicate Citizenship of Parties in Item Ill)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES ""c''", '"ON'''"

(For Diversity Cases Only)

FOR PlAINTIFF AND ONE BOX FOR DEFENDANT)

Citizen of This State

PTF DEF 01 01

Citizen of Another State 02 02

Citizen or Subject of a Foreign Country

03 03

Incorporated or Principal Place of Business in This State
Incorporated and Principal Place of Business In Another State
Foreign Nation

PTF DEF 04 04
05 05
06 06

IV. CAUSE OF ACTION (CITE THE u.s. CIVIL STATUTE UNDER WHICH YOO ARE. FILING AND WRITE A BRIEF STATEMENT OF CAUSE.

00 NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

CaU 8 e 0 f f\ C t i 0 U f 0 r P 1 a i n t i f f 8 a r i 8 e 8

under Title VII of the CivYl Rights Act, 42 u.s.c. Section 2000e, as

amended.

v. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY)

CONTRACT
0 110 lnsuran~ 0 120 Marine 0 130 Mitior Act 0 140 Negotiable Instrument 0 150 Recovery of Overpayment
& En!orcom011t of
Judgment
0 151 Medicare Act 0 152 Recovory of Delau~ed
Student Loans
(Excl. Veterans)
0 153 Recovf.lly of Overpayment
of Veteran's Benefits
0 160 Stockholders' Suits 0 190 Other Contrad 0 195 Cootract Product Liability

TORTS

PfRSONALINJURY 0 310 Airplane 0 315 Airplane Product
LiabiUy
0 320 Assau~. Libel &
Slander
Ll 330 Federal Employers'
Uabl~ty
0 340 Marine 0 345 Marine Product
Uabi~ty
0 350 Motor Vehicle 0 355 Motor Vehicle
Produd Liabiijty
0 360 Other Personal
Injury

PfRSONALINJURY
0 362 Personal Injury-
Mad Matpracti~
0 365 Personal Injury-
Product Liability
0 368 Asbestos Personal
Injury Product
Uabj~ty
PERSONAL PROPERTY 0 370 Other Fraud 0 371 Tn.Jth in Lendiog 0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

REAL PROI'fRTY
0 210 land Condemnation 0 220 Foreclosure 0 230 R011t Lease & Ejoctment 0 240 Torts to Land 0 245 TOC1 Product Liability 0 290 All Other Real Property

CIVIL RIGHTS
0 441 Voting XJ 442 Employment 0 443 Housiog/
Accommodations
0 444 Welfare 0 440 Other Civil Rights

PRISONER PETITIONS
0 510 Motions to Vacate
Sontence
Hab(!as Corpus
0530 General 0535 Oeath Penalty 0 540 Mandamus & Other 0 550 Civil Rightt

FORFEITURE/PENALTY

U610 Agriculture
0 620 Other Food & Drug 0 625 Drug Related Seizure of

Property2t USC881
0 630 Liquor Laws 0 640 R.R & Truck 0 650 Airline Regs

0 660 Occu~ationat

[l

Sa ety/Heatth

690 01her

lABOR

0 710 Fair Labor Standards Ao
0 720 Labor/Mgmt
Relations
0 730 L.abor/Mgmt
Reportiog &
Disclosure Act
0 740 Raitway Labor
"" 0 790 Other Labor Litigation
0 791 Empl. Ret. 11'\C.
Security Act

BANKRUPTCY
0 422 Appeal
28 usc 158
0 423 Withdrawal
28 usc 157.
PROI'fRTY RIGHTS
0 820 COpyrights 0 830 Patent 0 840 Trademark
SOCIAL SECURITY 0 861 HIA (t395ff) 0 862 Black Luog (923) 0 863 DiWC/OIWW:(405{g)) 0 864 SSID Trtle XVI 0 865 RSI (405(g))
FEDERAL TAX SUITS
0 870 Taxes (U.S. Plaintiff
or Defendant)
0 871 IRS- Third Party
26 usc 7609

VI. ORIGIN
~ 1 Original Proceeding

0 2 Removed from
State Court

(PLACE AN x IN ONE BOX ONLY)

Transferred from

0 3 Remanded from

0 4 Reinstated or

0 5 another district

Appellate Court

Reopened

(specify)

0 6 Multidistrict
Utigation

OTHER STATirnS
0 400 State
Reapportionm0111
0 41 0 Antitrust 0 430 Banks and Bankiog 0 450 CommtH"ce/ICC Rates/etc 0 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations
0 81 0 Selective Service 0 850 Se<:uritios/Commodities/
Exchange
0 875 Customer Challenge
t2 usc 3410
0 891 Agrieukural Acts 0 892 ECQnomic Stabi~zation
Ao 0 893 Environmental Matters 0 894 Enorgy Allocation Act 0 895 Freedom of
lnlormatlon Act
0 900 AppealofFeeDatermlnatio
Under Equal Access to
Justice
0 950 ConstiMionatity of
State Statutes
0 890 Other Statutory
AdJoM
Appeal to D1stnct
0 7 Judge from
Magistrate
Judgment

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

0 UNDER F.R.C.P 23

DEMAND$

Check YES only if demanded In complaint:

JURY DEMAND:

JlltYES DNO

VIII. REMARKS

f1!l In response to

is not a refiling of a previously dismissed action

0 General Rule 2.21 D(2) this case

is a refiling of case number

of Judge

DATE
I

UNITED STATES DISTRICT COURT

Case: 1:01-cv-00210 Document #: 1 Filed: 01/11/01 Page 30 of 30 PageID #:30

In the Matter of

UhiTED STATES DISTRICT co__;tT
NORTHERN DISTRICT OF ILLINOIS

Zaida Espana & Vitalia Mero,

v.

Midwest Wire Specialties, Inc.,

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

Attorney for Plaintiffs

J!JOOE :P~ULiPmR

(A)
\'~o<L()~ SIGNATURE
NAMEUche 0. Asonye

FIRM Asonye & Associates

sTREET ADDREss II South LaSalle Street, Suite 2140

ciTY/STATE/ZIP Chicago, Illinois 60603

TELEPHONE NUMBER (312) 795-9110

IDENTIFICATIONNLMBER (SEE ITEM 4 ON REVERSE) 06209522

MEMBER OF TRIAL BAR?

YES lXI NO D

TRIAL ATTORNEY?

YES liil NO D

SIGNATURE

(C)

NAME

FIRM

STREET ADDRESS

CITY/STATE/ZIP

TELEPHONE NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR? TRIAL ATTORNEY? DESIGNATED AS LOCAL COUNSEL?

YES D NO D YES D NO D YES D NO D

MAGISTRATE J(Kt~·
SIGNATURE
NAME FIRM

.
II,I~Jf.il(f1ED
JAN 1 2 2001

STREET ADDRESS

CITY/STATFJZIP

TELEPHONE NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR? TRIAL ATTORNEY? DESIGNATED AS LOCAL COUNSEL?

YES D NO D YES D NO D YES D NO D

SIGNATURE

(D)

NAME

FIRM

STREET ADDRESS

CITY/STATE/ZIP

TELEPHONE NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR? TRIAL ATTORNEY? DESIGNATED AS LOCAL COUNSEL?

YES D NO D

YES D NO D ~

YES

\ D

~0

c('
, I/

 
 Case: 1:01-cv-210 As of: 10/08/2009 10:40 AM CDT 1 of 6
PROTO, SCHENKIER, TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 3.2.3 (Chicago)
CIVIL DOCKET FOR CASE #: 1:01−cv−00210

Espana, et al v. MW Wire Specialties Assigned to: Hon. Sidney I. Schenkier Demand: $0 Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 01/11/2001 Date Terminated: 10/08/2002 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Zaida Espana

represented by Uche O. Asonye Asonye and Associates 39 S. LaSalle St. Suite 815 Chicago , IL 60603 (312) 795−9110 Email: courtfilings@aa−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Vitalia Mero

represented by Uche O. Asonye (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Virginia Munoz on behalf of themselves and all others similarly situated

represented by Uche O. Asonye (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Midwest Wire Specialties, Inc.

represented by Donna S. Colley Berens &Tate 10050 Regency Circle Suite 400 Omaha , NE 68114 (402) 391−1991 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jane Farwell Anderson Anderson &Moore, P.C. 111 West Washington Street Suite 1100 Chicago , IL 60602 (312) 251−1500 TERMINATED: 01/22/2002 ATTORNEY TO BE NOTICED
Julia A. Martin Matkoy, Salzman, Madoff &Gunn 55 East Monroe Street Suite 2900 Chicago , IL 60603 (312) 332−0777

Case: 1:01-cv-210 As of: 10/08/2009 10:40 AM CDT 2 of 6
Michael W. Duffee Ford &Harrison 55 East Monroe Street Suite 2900 Chicago , IL 60603−5709 (312) 332−0777 Email: MDuffee@fordharrison.com ATTORNEY TO BE NOTICED
Thomas Stephen Moore Anderson &Moore, P.C. 111 West Washington Street Suite 1100 Chicago , IL 60602 (312) 251−1500 TERMINATED: 01/22/2002

Date Filed 01/11/2001 01/11/2001 01/29/2001 02/09/2001 03/05/2001 03/09/2001 03/12/2001
03/21/2001
05/17/2001 06/04/2001 06/05/2001

# Docket Text
1 COMPLAINT (Exhibits) jury demand − Civil cover sheet − Appearance(s) of Uche O. Asonye as attorney(s) for all plaintiffs (No summons(es) issued.) (Documents: 1−1 through 1−3) (hp) (Entered: 01/12/2001)
RECEIPT regarding payment of filing fee paid; on 1/11/01 in the amount of $150.00, receipt #10112261. (hp) (Entered: 01/12/2001)
SCHEDULE set on 1/29/01 by Hon. Rebecca R. Pallmeyer : Status hearing set before Judge Pallmeyer for 9:00 on 3/14/01, courtrom 2119. Mailed notice (etv) (Entered: 01/29/2001)
2 APPLICATION for leave to appear pro hac vice by Donna S. Colley for defendant; Order entered granting leave by Hon. Rebecca R. Pallmeyer. (yp) (Entered: 02/14/2001)
3 ATTORNEY APPEARANCE for defendant by Donna S. Colley, Jane Farwell Anderson and Thomas Stephen Moore (jmp) (Entered: 03/06/2001)
4 ANSWER by defendant and afirmative defenses to plaintiffs' complaint [1−1]; Notice. (mw) (Entered: 03/12/2001)
SCHEDULE set on 3/12/01 by Hon. Rebecca R. Pallmeyer : Status hearing set for 3/14/01 stricken. The parties are directed to appear through lead counsel for a pretrial conference pursuant to Fed.R.Civ.P. 16 set for 9:00 on 3/21/01. Counsel are requested promptly to meet face−to−face for a discussion of possible settlement and for preparation of a planning report in the form that is enclosed. The form is accessible from the court's Internet site. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Mailed notice (etv) (Entered: 03/12/2001)
SCHEDULE set on 3/21/01 by Hon. Rebecca R. Pallmeyer : Status hearing set for 9:00 on 5/17/01. Discovery ordered closed on 7/18/01. Reports from retained experts under Rule 26(a)(2) due from Plaintiffs by 9/4/01; from Defendant by 10/4/01. Plaintiffs allowed until 6/8/01 to join additional parties and to amend pleadings. Defendant allowed until 8/7/01 to join additional parties and to amend pleadings. Dispositive motions due 8/17/01. Rule 16 conference held. Mailed notice (etv) (Entered: 03/21/2001)
SCHEDULE set on 5/17/01 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 9:00 on 7/31/01. Mailed notice (etv) (Entered: 05/17/2001)
5 MOTION by plaintiffs to extend time to join additional parties and amend pleadings and other deadlines ; Notice (ar) (Entered: 06/06/2001)
6 MINUTE ORDER of 6/5/01 by Hon. Rebecca R. Pallmeyer : Plantiffs'motion to extend time to join additional parties and amend pleadings [5−1] [5−2], granted. Plaintiffs' time to join additional parties and to amend pleadings extended to 08/08/01. Defendant's time to join additional parties and to amend pleadings extended to

Case: 1:01-cv-210 As of: 10/08/2009 10:40 AM CDT 3 of 6

07/09/2001 07/10/2001 07/26/2001 07/31/2001
08/07/2001 08/08/2001 08/10/2001 08/22/2001 08/22/2001 08/22/2001 08/22/2001 08/27/2001 08/30/2001
08/30/2001 09/14/2001 09/17/2001 09/25/2001
10/02/2001 10/10/2001

10/10/01. Discovery deadline extended to 09/18/01. Status hearing set for 07/31/01 at 9:00 am to stand. Notice mailed by Judge's staff (ar) Modified on 06/06/2001 (Entered: 06/06/2001)
7 MOTION by plaintiff to compel directed at defendant, Midwest Wire Specialties, Inc. (Attachments); Notice (vmj) (Entered: 07/30/2001)
8 AMENDED notice of motion by plaintiffs regarding motion to compel directed at defendant, Midwest Wire Specialties, Inc. [7−1]. (vmj) (Entered: 07/30/2001)
9 MINUTE ORDER of 7/26/01 by Hon. Rebecca R. Pallmeyer: Plaintiffs' motion to compel directed at defendant, Midwest Wire Specialties, Inc. is withdrawn [7−1]. No notice (vmj) (Entered: 07/30/2001)
SCHEDULE set on 7/31/01 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 9:00 on 9/6/01. Plaintiff's time to add parties and amend pleadings extended to 8/22/01. Dispositive motions date extended to 10/2/01. Mailed notice (etv) (Entered: 07/31/2001)
10 MOTION by defendant for protective order ; Notice (jmp) (Entered: 08/09/2001)
11 MINUTE ORDER of 8/8/01 by Hon. Rebecca R. Pallmeyer : Motion for protective order withdrawn [10−1]. No notice (jmp) (Entered: 08/09/2001)
12 MINUTE ORDER of 8/10/01 by Hon. Rebecca R. Pallmeyer: Entered Stipulation Protective Order Telephoned notice (yap) Modified on 08/13/2001 (Entered: 08/13/2001)
14 MOTION by plaintiffs for leave to amend their complaint Memorandum in Support ; Notices (yap) (Entered: 08/31/2001)
15 MOTION by plaintiffs to set a briefing schedule for motion for class certification ; Notice (yap) (Entered: 08/31/2001)
16 INDEX OF EXHIBITS by plaintiffs to their motion for leave to amend their complaint [14−1] (yap) (Entered: 08/31/2001)
18 FIRST AMENDED COMPLAINT (proposed) [1−1] by plaintiff; jury demand (yap) (Entered: 08/31/2001)
13 AMENDED memorandum by plaintiff in support of their motion for leave to amend their complaint (Attachments) (las) (Entered: 08/28/2001)
17 MINUTE ORDER of 8/30/01 by Hon. Rebecca R. Pallmeyer : Status hearing re−set to 10/9/01 at 9:00 a.m. Motion for leave to amend their complaint [14−1] is granted. Motion to set a briefing schedule for motion for class certification [15−1] is granted. Motion for class certification to be filed by or on 11/15/01; response to be filed by or on 1/10/02; reply to be filed by or on 1/31/02. Status of 9/6/01 stricken. Mailed notice (yap) (Entered: 08/31/2001)
19 FIRST AMENDED COMPLAINT − class action by plaintiffs; jury demand (Attachments) (jmp) (Entered: 09/07/2001)
20 ANSWER by defendant MW Wire Specialties and affirmative defenses to plaintiffs' first amended complaint [19−1]; Notice of filing (eav) (Entered: 09/17/2001)
21 MOTION by plaintiffs to extend discovery cut−off to complete certain limited discovery (Attachments); Notice. (maf) (Entered: 09/26/2001)
22 MINUTE ORDER of 9/25/01 by Hon. Rebecca R. Pallmeyer : Status hearing re−set for 11/7/01 at 9:00 a.m. Plaintiffs' motion to extend discovery cut−off to complete certain limited discovery is granted [21−1]. Discovery extended to 11/2/01 . Status hearing set for 10/9/01 is stricken. Mailed notice (maf) (Entered: 09/26/2001)
23 MOTION by defendant for continuance up to and including 11/16/01 in which to file dispositive motions and to provide expert disclosures ; (cdy) (Entered: 10/04/2001)
24 MINUTE ORDER of 10/10/01 by Hon. Rebecca R. Pallmeyer : Motion for continuance is granted [23−1]. Defendant has to and including 11/16/01 in which to file their dispositive motions and to provide expert disclosures . Mailed notice (maf)

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10/19/2001 11/05/2001 11/07/2001
11/29/2001 12/05/2001 12/14/2001 12/21/2001 01/17/2002 01/17/2002 01/17/2002 01/22/2002
01/22/2002 03/13/2002 03/15/2002
04/03/2002 04/05/2002 04/05/2002 04/17/2002

(Entered: 10/11/2001)
25 MOTION by defendant to hold in abeyance and suspend all deadlines (Attachments). (mw) (Entered: 11/09/2001)
26 AMENDED NOTICE by defendant of hearing regarding its motion to hold in abeyance and suspend all deadlines [25−1]. (mw) (Entered: 11/09/2001)
27 MINUTE ORDER of 11/7/01 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 11/29/01 at 9:00 a.m. Defendant's motion to hold in abeyance and suspend all deadlines [25−1] is granted as stated in Court. New dates for briefing of class certification motion. Motion by 01/01/02; response by 03/05/02; reply by 03/22/02. Motion subject to further status report concerning discovery responses. Mailed notice by judge's staff (mw) (Entered: 11/09/2001)
SCHEDULE set on 11/29/01 by Hon. Rebecca R. Pallmeyer : Status hearing set for 11/29/01 is reset to 9:00 on 12/6/01. Mailed notice (etv) (Entered: 11/29/2001)
SCHEDULE set on 12/5/01 by Hon. Rebecca R. Pallmeyer : Status hearing reset to 9:00 on 12/14/01. Mailed notice (etv) (Entered: 12/05/2001)
SCHEDULE set on 12/14/01 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 9:00 on 12/21/01. No notice (etv) (Entered: 12/14/2001)
SCHEDULE set on 12/21/01 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 9:00 on 1/22/02. Deposition of Ms. Colley to be taken no later than 1/22/02. Mailed notice (etv) (Entered: 12/21/2001)
28 ATTORNEY APPEARANCE for defendant by Michael W. Duffee, Julia A. Martin (ntf) (Entered: 01/18/2002)
29 MOTION by defendant to substitute counsel ; Notices. (vmj) Modified on 01/23/2002 (Entered: 01/23/2002)
30 MOTION by defendant to extend tiime to produce attorney Donna S. Colley for deposition . (vmj) (Entered: 01/23/2002)
31 MINUTE ORDER of 1/22/02 by Hon. Rebecca R. Pallmeyer: Status hearing held and continued to 4/2/02 at 9:00 a.m. Motion to substitute counsel is granted [29−1]. Thomas Stephen Moore and Jane Anderson of Anderson &Moore granted leave to withdraw. Motion to extend time to produce attorney Donna S. Colley for deposition is granted [30−1]. All previously noticed discovery to be completed by 2/19/02. Class certification motion to be filed by 3/21/02. Mailed notice (vmj) (Entered: 01/23/2002)
32 ATTORNEY APPEARANCE for defendant by Michael W. Duffee, Julia A. Martin; Notice. (vmj) (Entered: 01/23/2002)
33 AGREDD MOTION by plaintiffs to extend time to file motion for class certification ; Notice. (cem) (Entered: 03/18/2002)
34 MINUTE ORDER of 3/15/02 by Hon. Rebecca R. Pallmeyer : Plaintiff's agreed motion to extend time to file motion for class certification granted to and including 5/21/02 [33−1]. Status hearing set for 5/23/02 at 9:00 a.m. Mailed notice (cem) (Entered: 03/18/2002)
36 MOTION by defendant to refer case to magistrate judge ; Notice. (lc) (Entered: 04/08/2002)
35 EXPEDITED REFERRAL ORDER: Case referred to Hon. Sidney I. Schenkier for settlement conference. Mailed notice. (etv) (Entered: 04/05/2002)
37 MINUTE ORDER of 4/5/02 by Hon. Rebecca R. Pallmeyer : Defendant's motion to refer case to magistrate judge is granted [36−1]. Case referred to Magistrate Judge Schenkier for settlement conference. Mailed notice (lc) (Entered: 04/08/2002)
SCHEDULE set on 4/17/02 by Hon. Sidney I. Schenkier : Settlement conference set for 1:30 p.m. on 5/9/02, in chambers 1756. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference, which is enclosed. The schedule for exchange of demand and

Case: 1:01-cv-210 As of: 10/08/2009 10:40 AM CDT 5 of 6

05/09/2002
05/14/2002 05/16/2002 05/23/2002 05/29/2002 06/04/2002 06/04/2002
06/06/2002 06/07/2002 06/10/2002 06/25/2002
06/25/2002 07/10/2002 07/26/2002 07/26/2002 07/26/2002 08/01/2002

offer is as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 04/26/02. Defendant's counsel shall serve on plaintiff's counsel a written settlement offer by 05/03/02. Plaintiff's counsel shall deliver copies of these letters to chambers by noon on 05/06/02. Parties with ultimate settlement authority to be present. Mailed &Telephoned notice (fce) (Entered: 04/17/2002)
38 MINUTE ORDER of 5/9/02 by Hon. Sidney I. Schenkier : Settlement conference held. Settlement agreement reached between the parties, subject to preliminary and final approval of class settlement. The matter is set for a status conference on 05/23/02 at 9:00 a.m. Mailed notice by judge's staff (mw) (Entered: 05/10/2002)
SCHEDULE set on 5/14/02 by Hon. Rebecca R. Pallmeyer : Status hearing reset to 9:00 on 6/4/02. Mailed notice (etv) (Entered: 05/14/2002)
39 AGREED MOTION by plaintiffs to extend time to file motion for class certification ; Notice (rmm) (Entered: 06/05/2002)
SCHEDULE set on 5/23/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 a.m. on 6/4/02. Mailed notice (fce) (Entered: 05/23/2002)
40 AMENDED NOTICE by plaintiff of motion to extend time to file motion for class certification [39−1] (rmm) (Entered: 06/05/2002)
SCHEDULE set on 6/4/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 a.m. on 6/25/02. Mailed notice (fce) (Entered: 06/04/2002)
41 MINUTE ORDER of 6/4/02 by Hon. Rebecca R. Pallmeyer: Status hearing held. Filed plaintiffs' agreed motion to extend time to file for class certification [39−1]. Motion granted for 120 days, or until 9/12/02. Motion deadline 9/12/02. Mailed notice (rmm) (Entered: 06/05/2002)
42 LIMITED CONSENT to exercise of jurisdiction by a United States Magistrate Judge signed by Zaida Espana, Vitalia Mero, MW Wire Specialties (emd) (Entered: 06/12/2002)
44 MOTION by plaintiff for leave to file second amended class action complaint ; Notice. (hmb) (Entered: 06/26/2002)
43 REASSIGNMENT ORDER of 6/10/02 This case is reassigned to the Hon. Sidney I. Schenkier from Hon. Rebecca R. Pallmeyer pursuant to Local Rule 73.1. (For further detail see order.) Mailed notice (emd) (Entered: 06/12/2002)
45 MINUTE ORDER of 6/25/02 by Hon. Sidney I. Schenkier : Plaintiff's unopposed motion for leave to file second amended class action complaint is granted [44−1]. Status hearing held and continued to 7/10/02 at 9:00 a.m. Notices mailed by Judge's staff (hmb) (Entered: 06/26/2002)
46 SECOND AMENDED COMPLAINT−CLASS ACTION [19−1] by plaintiff; jury demand; adding Virginia Munoz (Attachments). (hmb) (Entered: 06/26/2002)
SCHEDULE set on 7/10/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 11:30 a.m. on 7/22/02. Motion for preliminary approval is set for hearing on 07/22/02 at 11:30 a.m. Mailed notice (fce) (Entered: 07/10/2002)
SCHEDULE set on 7/26/02 by Hon. Sidney I. Schenkier : Status hearing reset to 8:30 a.m. on 8/1/02. Telephoned notice (fce) (Entered: 07/26/2002)
47 JOINT MOTION by parties to conditionally certify settlement classes , and preliminarily approve proposed settlement ; Memorandum in support; Notice (ntf) (Entered: 07/29/2002)
48 CLASS ACTION SETTLEMENT AGREEMENT by parties (Attachments). (ntf) (Entered: 07/29/2002)
50 MINUTE ORDER of 8/1/02 by Hon. Sidney I. Schenkier : Status hearing held. Preliminary approval of settlement agreement as modified by the Court is granted. Notice mailed by judge's staff (ntf) (Entered: 08/05/2002)

Case: 1:01-cv-210 As of: 10/08/2009 10:40 AM CDT 6 of 6

08/02/2002
08/02/2002 08/02/2002
10/08/2002 10/08/2002
07/20/2004

49 MINUTE ORDER of 8/2/02 by Hon. Sidney I. Schenkier : (Enterd Order of Conditional Certification of Settlement Classes, Preliminary Approval of Settlement Agreement, and Amendment of Complaint). Fairness hearing set for 9:30am 10/8/02. Notice mailed by judge's staff (ntf) (Entered: 08/05/2002)
51 NOTICE by plaintiffs of class action and proposed settlement. (ntf) (Entered: 08/05/2002)
52 MINUTE ORDER of 8/2/02 by Hon. Sidney I. Schenkier :The court approves the Notice of Class Action and Proposed Settlement in line with the court's comments made in open court on 08/01/02. Notice mailed by judge's staff notice (ntf) (Entered: 08/05/2002)
SCHEDULE set on 10/8/02 by Hon. Sidney I. Schenkier : In court hearing held. Mailed notice (fce) (Entered: 10/08/2002)
53 MINUTE ORDER of 10/8/02 by Hon. Sidney I. Schenkier : Enter judgment and order of dismissal. This case is dismissed pursuant to settlement terminating case . (Entered Final Judgment and Order of Dismissal). Notice mailed by judge's staff (ntf) (Entered: 10/10/2002)
54 TRANSCRIPT of proceedings for the following date(s): 08/01/02, 10/08/02 Before Honorable Sidney Schenkier (54−1 through 54−2). (ntf) (Entered: 07/21/2004)