IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

Plaintiff,

§

and

§

DALEENA BOND,

§

Plaintiff-Intervenor

§

v.

§ CIVIL ACTION NO . H-04-3787

DOLGENCORP OF TEXAS, INC ., d/b/a §

DOLLAR GENERAL and DOLLAR §

GENERAL CORP.,

§

Defendants .

§

JURY TRIAL

PLAINTIFF-INTERVENOR, DALEENA BOND'S FIRST AMENDED COMPLAINT

TO THE HONORABLE UNITED STATES DISTRICT COURT :

BACKGROUND

Plaintiff-Intervenor, Daleena Bond ("Ms . Bond"), filed a Motion to

Intervene as a right on 12/30/04 which was granted by the Court . The Motion

to Intervene was pursuant to the Original Complaint of the United States

Equal Employment Opportunity Commission which was filed to correct

unlawful employment practices and to provide appropriate relief to Ms . Bond

1

who was adversely affected by unlawful sexual harassment while working for the Defendants .
JURISDICTION AND VENUE 1 . Jurisdiction of this Court is invoked pursuant to Federal Rule of Civil Procedure 24 (a) (1) and (2). Additionally, jurisdiction of this Court is proper as provided under 28 U .S.C. §1367 (a) which states :
(a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties . 2. Venue is proper in this Court .
PARTIES 3. PLAINTIFF, the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION filed its Original Complaint against Defendants on September 29, 2004 .
2

4. PLAINTIFF-INTERVENOR, DALEENA BOND, filed her Motion to Intervene as a right on December 30, 2004 which was granted by the Court on March 16, 2005 .
5. DEFENDANTS, DOLGENCORP OF TEXAS, INC ., d/b/a Dollar General ("Dolgencorp") and DOLLAR GENERAL CORP . ("DGC") filed their original answer on November 11/3/2004 .
FACTS
6. Plaintiff-Intervenor, Ms . Bond, now files this Complaint of Intentional Infliction of Emotional Distress against Defendants as set forth in paragraphs 7 through 23 hereunder .
7. From March, 2003 until September 19, 2003, Ms . Bond, was subjected to unlawful, uninvited and unwanted sexual harassment by Defendants' employee, Robert Dotson ("Dotson") who was the store manager at all relevant times during this period .
8. These actions include but are not limited to Dotson's touching the breasts and buttocks as well as other areas of Plaintiff-Intervenor, Ms . Bond's body, nearly everyday she was working at Defendants' store with Dotson. Additional unlawful, uninvited and unwanted actions made by
3

Dotson include Dotson hiding behind boxes just outside the restroom at the store when Plaintiff-Intervenor, Ms .Bond, was in the restroom . When she would open the door, Dotson would jump out from behind the boxes and yell "Boo!" frightening Ms . Bond and causing her severe mental anguish .
10. Plaintiff-Intervenor, Ms. Bond, complained to Dotson's immediate supervisor, Rich Redmar ("Redmar"), from the first time she met Dotson and Dotson revealed a sexually provocative tattoo of a nude woman with neon breasts. Plaintiff-Intervenor, Ms . Bond continued to complain to Redmar of Dotson's continued sexual harassment . Redmar did not make any attempt to investigate her complaints or shield her from Dotson despite Bond's continued requests until the intervention of the EEOC . In fact, Redmar himself created a hostile work environment by not addressing Ms . Bond's complaints in a timely manner .
11. Plaintiff made every possible attempt to inform DGC (the corporate office of Defendants) by calling their employee resource center "ERC" on numerous occasions . Bond did not receive a return call from the ERC. Ms. Bond also wrote letters to Redmar explaining that the sexual harassment was intolerable and requesting that he help her but her requests were to no avail .
4

12. In fact, no action at all was taken by Defendants' until July, 2003, when Redmar asked other employees for letters regarding their observations of Dotson when Plaintiff-Intervenor, Ms. Bond and Dotson were working together .
13. Bond had produced before this time at least two letters to Redmar that somehow never made it to Defendants' corporate office until the intervention of the EEOC and Ms . Bond's attorney of record .
14. Redmar began an investigation by asking for statements from currently employed employees of what they may have observed in the store . This investigation was at best a poor attempt of investigating a serious allegation of sexual harassment against Dotson . No attempt to shield Ms . Bond was made even after the so-called "investigation" was concluded .
15. After the "so-called" investigation was completed, Ms . Bond was given three choices which in reality presented Ms . Bond with at best a Hobson's choice, to-wit :
(1) Relocate to another store in Pasadena that was 1 Y2 to 2 :00 hours away from her home in Katy, Texas .
Take a leave of absence without pay, or Defendants would guarantee that she would never have to
5

work with Dotson again . 16. Ms. Bond rejected "choice" number 1 based on the fact that she worked 12 hour shifts normally and adding an additional 4 hours to her day would require her to expend over 16 hours a day getting to work, working 12 hours, and 2 hours to return to home . 17. Ms. Bond also rejected "choice" number 3 on the basis that she no longer had a reasonable person's ability to trust in Defendants' "guarantee that she would never have to work with Dotson again ." 18. Ms. Bond chose to take a leave of absence because choices 1 and 2 were not tenable to her . However, Ms. Bond was required to continue to work at Defendants' store on days that Dotson was scheduled to work . 19. In fact, Defendants' required Bond to work until September 19, 2003 with Dotson in spite of her continued protests that the sexual harassment was continuing until Dotson was finally "suspended ."
NATURE OF THE ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 20. The Defendants acted intentionally or recklessly when PlaintiffIntervenor, Ms. Bond, was working for them by ignoring her complaints of being sexually harassed by Dotson and did not do anything about Dotson's
6

untoward actions until the EEOC and Ms . Bond's attorney became involved. 21 . Dotson's sexual harassment of Ms . Bond was on an on-going basis
and occurred on the vast majority of days Bond was scheduled to work with him. 22. The actions of Defendants' were extreme and outrageous and their actions were directed at Ms . Bond. 23. The Defendants' conduct proximately caused Ms. Bond mental anguish and emotional distress so severe that Ms . Bond had a complete nervous breakdown on October 3, 2003 and was admitted to West Oaks Psychiatric Hospital for treatment . Ms. Bond remains under the care of a psychologist and requires daily medications that are prescribed by her psychiatrist .
PRAYER For these reasons, Plaintiff-Intervenor seeks damages as follows : A. Actual damages .
a. Mental anguish; b. Loss of society ; c. Medical expenses both past and future . B. Exemplary damages . C. Prejudgment and post-judgment interest.
7

D. Costs of suit; E. Attorney fees ; F. All other relief in law, and in equity, to which Plaintiff-Intervenor
may be entitled . Respectfully submitted,
BY : -/s/ Jane Rye McQueeney, PLLC S.D.N. 29301 TSBN 00795523 1918 Stormcroft Circle Katy, Texas 77450 Telephone 281 .392.0062 Facsimile 281 .392 .0853 Attorney for Daleena Bond Plaintiff-Intervenor
Rhonda D. Walls, Partner Attorney-in-Charge SDN : 22945 TSBN : 00791873 Levin & Atwood, LLP 20501 Katy Freeway, Suite 217 Katy, TX 77450
8

CERTIFICATE OF SERVICE I certify that a true and correct copy of the Plaintiff-Intervenor, Daleena Bond's Complaint forwarded by facsimile and/or U .S. Mail on September 12, 2005, to the following persons :
/s/ Jane Rye McQueeney
Joel S. Allen BAKER & MCKENZIE LLP 2001 Ross Avenue, Suite 2300 Dallas, Texas 75201 Facsimile: (214) 978-3099
Timothy M. Bowne Senior Trial Attorney State Bar No. 00793371 Southern District of Texas No . 20023 EEOC, Houston District Office 1919 Smith Street, Suite 700 Houston, TX 77002 (713) 209-3395 (713) 209-3402 fax Attorney for Plaintiff EEOC
9

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

United States CoUI'II Southam Diltrlct of TIXII
FILED
SEP 292004 ~
~
Mlch••1N. Mlllly, CIlI'k of CDurt

§

v.

§ CIVIL ACTION NO.

DOLGENCORP OF TEXAS, INC., d/b/a DOLLAR GENERAL and DOLLAR

§

§ §

H-04 3787 ~

GENERAL CORP.,

§

§

Defendants.

§ JURY TRIAL DEMAND

ORIGINAL COMPLAINT OF THE
UNITED STATES EOUAL EMPLOYMENT OPPORTUNITY COMMISSION

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide

appropriate reliefto Daleena F. Bond, who was adversely affected by such practices. As alleged with

greater particularity in paragraphs 10-14 below, Ms. Bond was subjected to unlawful sexual

harassment while working for Defendants.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

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

of the Civil Rights Act of1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of

the Civil Rights Act of 1991, 42 U.S.C. § 1981a ("Title VII").

1

2. The unlawful employment practices alleged in this complaint were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in this court.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Dolgencorp of Texas, Inc. ("Dolgencorp"), has continuously been a Kentucky corporation doing business in the State of Texas and the City of Houston, and has continuously had at least 15 employees. 5. At all relevant times, Dolgencorp has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). Dolgencorp may be served with process by serving its registered agent, Corporation Service Company, d/b/a CSC-Lawyers Incorporating Service Company, which may be found at 701 Brazos Street, Suite 1050, Austin, Texas 78701. 6. At all relevant times, Defendant Dollar General Corp. ("DGC"), has continuously been a Tennessee corporation, and has continuously had at least 15 employees. 7. At all relevant times, DGC has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
2

STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Daleena Bond filed a charge with the Commission alleging violations ofTitle VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least March or April 2003, Defendants have engaged in unlawful employment practices at Dollar General Store #8132 in Houston, Texas, in violation of Section 703(a)(I) of Title VII, 42 U.S.c. §§ 2000e-2(a). 10. While working for Defendants, Daleena Bond was subjected to an unlawful, sexually hostile environment. 11. Robert Dotson was the Store Manager of Dollar General Store #8132. Dotson was the supervisor of Bond, who was assistant manager. 12. Dotson subjected Bond to unwelcome sexual propositions and comments and to offensive touching. Dotson often brushed up against Bond deliberately, including rubbing against her breasts and backside; he also rubbed his hand down her back and her arms, and made inappropriate comments to her, such as "I'm horny." 13. On multiple occasions, Bond complained about Dotson's conduct to area manager Rich Redmer. Bond also told Jerry Torlucci, asset protection supervisor, about her complaints concerning Dotson, and she telephoned DGC's Employee Response Center. 14. Defendants found that Dotson had engaged in "inappropriate communication and contact with employees." The harassment of Bond continued, however, and Bond was compelled to leave the company. 15. The effect of the practices complained of in paragraphs 10-14 above has been to
3

deprive Daleena Bond ofequal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
16. The unlawful employment practices complained of in paragraphs 10-14 above were intentional.
17. The unlawful employment practices complained of in paragraphs 10-14 above were done with malice or with reckless indifference to the federally protected rights of Daleena Bond.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants Dolgencorp of Texas, Inc., and Dollar General Corporation, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex, and other unlawful employment practices which discriminate on the basis of sex. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendants to make whole Daleena Bond by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects of its unlawful employment practices, including but not limited to her reinstatement. D. Order Defendants to make whole Daleena Bond by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in
4

paragraphs 10-14 above, including job search expenses, relocation expenses, and medical expenses not covered by Defendants' employee benefit plan, in amounts to be determined at trial.
E. Order Defendants to make whole Daleena Bond by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 10-14 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendants to pay Daleena Bond punitive damages for its malicious and reckless conduct described in paragraphs 10-14 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
Respectfully submitted,
Eric S. Dreiband General Counsel James L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, D.C. 20507
5

Timothy M. Bow e Senior Trial Att ney Attorney-in-Charge Texas Bar No. 00793371 Southern Dist. of Texas No. 20023 Equal Employment Opportunity
Commission 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3395 (713) 209-3402 [facsimile]
OF COUNSEL: Jim Sacher Regional Attorney Rose Adewale-Mendes Supervisory Trial Attorney Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston, Texas 77002
6

~~: ~.':.~~, ,"'" ~."~~D~"", ""~ ~,"..,.s!~~,~~~~!,~~~.~!, Mo..,H.: . .0"i.,..a.z,.8,7~ 1,_
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 sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,)

I(a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMM~SSION
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Timothy M. Bowne, Trial Attorney EEOC-Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 713 209-3395

DEFENDANTS
Doigencorp of Texas, Inc., d/b/a Dollar General and Dollar General
Corporation
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT. Harris (IN U.S. PLAINTIFF CASES ONLy)
NOTE' IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

ATTORNEYS (IF KNOWN)

Southern Dfarlct of T_
F/LED

SEP 2 9 2004 ~

,

~

II. BASIS OF JURISDICTION

(PLACE AN x IN ONE (jOX ONL y)

[xl I u.s. Government
Plaintiff
[) 2 U.S. Government Defendant

[) 3 Federal Question (U S Government Not a Party) [) 4 Diversity (Indicate CitizenshIp of Parties In Item Ill)

III. CITIZENSHIP OF PRINCIPAL PARTIES (pI.ACEANdNONEROX

(For Diversuy Cases Only)

FOR PLAINlIFF AND ONE BOX FOR DEFENDANl)

PTF DEF

PIT DEF

Citizen ofThis State [)I [) I Incorporated or Principal Place [) 4 [) 4

of Business in This State

Citizen of Another State [) 2 [) 2 Incorporated and Principal Place [ ) 5 [) 5

of Business in Another State

Citizen or Subject of a [) 3 [) 3 Foreign Nation

[)6 [)6

Foreign Country

IV. C AUSE 0 FACTION (Clio mE US CIVIl. STA lUTE UNDER WllleH YOU ARE FILING AND WRITE ABRIEF STAIliMENT OF CAUSE 00 NOT CITE nJRISDICllONAI. STAwms UNLESS DIVERSITY)
Defendant has engaged In unlawful employment practices In violation of Section 703 of Title VII, and Section 102 of the Civil Rights Act of 1991. The practices include SUbjecting a woman to an unlawfully hostile work environment.

V NATURE OF SUIT (PLACEANxINONE BOX ONLY)

CONTRACT

TORTS

[) II 0 In..""n", [) 120 M.nn, [) 130 M,II" Ac' [] 140 Negotiable lnstnunent
[] \5r9;:::;;=;nent &
[) 151 Mod,,,,, Ac'
[] statcn~I::7E:~~::~~)
[] ~~:::::~~CM.rpa)1llcnt of
[] 160 Mockholdcn' 8U1u [) 190 Oth" Cen'",,'
[] 195 Contmct PrOOuct Liability
REAL PROPERTY
[] 210 Lond Condemnation [) 220 Fo~~I~"" [] 230 Rent I.CZlIC &. Ejectment [) 240 Tm" to L.nd [] 245 TOJ1 Product LIDhlhty [) 290 All Oth" R"I Pmpcrty

PERSONAL INJURY [) 310 Aupl...
[] J 15 Airplane Product Llabdlty

[] 320 Assault, Libel & Slander

(] JJO Federal Employers' LIability

[) 340 M,"n, [] 345 Manne Product LlIlblhty

[] 350 Motor VeJucle [] 355 Motor Vehicle Product

Liability

[] 360 Other PI.'TSonllllnJUJY

-

CIVIL

RIGHTS

[) 441 Vot"'8 [X) 442 Emplo)mrn' [] 443 lIousmglAcannmodatlOM
[) 444 Wolf"", [) 440 Oth" C,,,I R,sh"

[]PERSONAL INJURY 36t~=;~t:--
[) 36t::;1 InJW)'-Pmdno'
[] 36~~~~;a=::tyOfUlI lnJWY PERSONAL PROPERTY [) 370 Oth" F,,"" [) 371 Truth on L,ndon.
[] 380 Other Personal Property Damase
[) m'l~ a.""'.' Prodno'
PRISONER PETITIONS
II 510 MoliOlu to Vacate Sentence
Habeas Corpus
[) 530 ac...",1 [) 535 ))oath P""lty [) 540 M.n""m", &Oth" [) 550 Oth"

FORFEITUREIPENAL TY
[) 610 """cull"" [) 620 Oth" Food &Dru.
[] ~~o~n;u:1 ':;!~~8~elZure of
[) 630 r..qucd.•w.
[) 640 RR &TNCk [) 650 Auhn' R,S' [] 660 OJcupabonaJ SufetylHeulth
[) 690 Oth" LABOR
[] 710 Flur Labor S~rd.'J Act [) 720 Lubrn'lMgml R,I.,,,,,,,
[) 7i~~:1=~11 Reportmg
[) 740 Ra'I~y luI.." A" [] 790 Other Lubor LltlgallOn
[] 79~c~mpl RL1 Inc Seeunty

BANKRUPTCY [) 422 Appea128lJSC 15' [) 423 W,th""'~1 28 USC 151
PROPERTY RIGHTS
[) 820 Copynsh" [) 830 P."", [) 840 'I'",donuuk
SOCIAL SECURITY
[) 861 HIA (13950) [) 862 R1"k J.uns (923) [) 863 DlweIDIWW (405(g)) [) 864 SSID T>~, XVI [) 865 RSI (405(g)
FEDERAL TAX SUITS
[]r!7C~~~~C3(lJ,S Plamtlffor [) 871 IRs··n"", Party 26 USC 1609

OTHER STATUTES
[] 400 Slate RCBpportlOlUnent [) 410 Anhtru"
[) 430 !law,,'" Bonk,",
[] 450 CommerceJlCC Rate'l/elc [) 460 Depcnohcn [] 4~D::l:: Innucnced and Conupl
[] 810 Selective Service [] '~f?a:untle3ICOmmodltlesl
[) 87~2~U;;;";'~;"""rn.'
[] 891 Agncultuml Acts [] 892 EconomiC StabillZDtlOn Act [) 893 Envuonmental Mo',,", [] 894 Energy Allocallon Act [] 895 Freedom of InfonnatlOn Act
A::,' [] 'iPr3er ~::s~~e:l1:tJon
[] 950 Constitutionality of Swle Slatutcs
[] 890 Other Statutory Actions

VI. ORIGIN
[x) I Original Proceeding

(PLACE AN x IN ONE BOX ONLY)

II 2 Removed from

[) 3 Remanded from

State Court

Appellate Court

Transferred from

(] 4 Reinstated or

[) 5 another district

Reopened

(specify)

Appeal to Distriel

(] 6 Multidistnct

[) 7 Judge from

Litigation

Magistrate Judgment

VII. REQUESTED IN

CHECK IFTHIS IS A CLASS ACTION

COMPLAINT:

(] UNDER F.R.C.P. 23

DEMAND $

Check YES only if demanded in complaint:
JURY DEMAND, [Xl YES (] NO

VIII. RELATED CASE(S) IF ANY ("""""""hem)

JUDGE

DOCKET NUMBER

UNITED STATES DISTRICT COURT

 
 Case 4:04-cv-03787 Document 42-2 Filed 02/24/2006 Page i of 6

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

United States Courts Southern District of Texas
ENTERED

Plaintiff,

§

§

FEB 2 8 Z006

and

§

Michael N. Milby, Clerk of Court

§

DALEENA BOND,

§

Plaintiff-Intervenor

§

§

v.

§ CIVIL ACTION NO. H-04-37S7

§

DOLGENCORP OF TEXAS, INC., d/b/a §

DOLLAR GENERAL and DOLLAR §

GENERAL CORP.,

§

Defendants.

§ JURY TRIAL

CONSENT DECREE

The Equal Employment Opportunity Commission ("Commission" or

"EEOC") and Daleena Bond have alleged that Defendants Dolgencorp of Texas,

Inc., d/b/a Dollar General and Dollar General Corporation, (collectively referred to

herein as "Defendants") are liable for unlawful sex discrimination, in violation of

Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil

Rights Act of 1991. Defendants have denied and continue to deny these

allegations.

The parties wish to avoid the risks, uncertainties, and expenses of continued

litigation. Accordingly, contingent upon all parties of interest agreeing to the

CONSENT DECREE - PAGE 1 DALDMS/558173. 8

Case 4:04-cv-03787 Document 42-2 Hied 02/24.12006 Page 2 of 6
proposed settlement terms offered to them by Defendants, including the EEOC, Marion "Chuck" Burton Lee (and his attorney), and Bond (and her attorneys), and contingent upon all such interested parties executing all appropriate releases, consent decrees, agreements, and/or motions necessary to relieve Defendants of any outstanding liability, exposure, and/or claims for liens, and to end the current above styled litigation asserted against Defendants, the parties have agreed to settle this lawsuit. The parties agree that this Consent Decree is being entered into for the purpose of compromising disputed claims.
The parties stipulate to the jurisdiction of the Court. It is therefore ORDERED that: 1. This Consent Decree is entered in full and complete compromise of any and all claims and counterclaims between Defendants and the EEOC arising out of or asserted in Civil Action No. H-04-3787, and arising out of EEOC Charge No. 330-2003-03227 filed by Daleena Bond, as amended. 2. Defendants agree not to engage in any employment practices which have the purpose or effect of discriminating against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual's sex, as prohibited by Title VII of the Civil Rights Act of 1964, as amended, and will not retaliate against any individual who has opposed any practice made an unlawful employment practice under Title VII or who has made a
CONSENT DECREE - PAGE 2 DALDMS!558173.8

Case 4:04-c\I-03787 Document 42-2 Hied 02/24/2006 Page 3 of 6
charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under Title VII. For the purposes of interpreting this paragraph, an EEOC administrative finding of discrimination will not constitute evidence of Defendants' non-compliance with this paragraph, absent final adjudication by a court of competent jurisdiction that Defendants have violated Title VII in a manner prohibited by this Decree, including exhaustion of all avenues of appeal.
3. Dolgencorp of Texas will provide one training program on sex discrimination -- including the law relating to Title VII and sexual harassment -- to all District Managers who oversee, and Store Managers who are employed at, Dollar General stores in Houston as of February 1, 2006. The training program shall be completed not later than June 30, 2006. The topics to be covered during the training include the legal mandates of Title VII upon employers with regard to sex discrimination (including harassment and retaliation), Dollar General's policies against sex discrimination (including harassment and retaliation), and instructions for reporting any learned of complaints of harassment and discrimination in the workplace. Written acknowledgment of receipt of the training will be obtained by Dolgencorp of Texas from all individuals attending the training.
4. Defendants agree that in accordance with Defendants' policy, no documents related to Daleena Bond's charge of discrimination and the
CONSENT DECREE -PAGE 3 DALDMS/558173.8

Case 4:04-Gv-03787 Docurnenl42-2 Hied 02/24/2006 Page 4 d 6
Commission's lawsuit are maintained in Ms. Bond's personnel file. Further, if Daleena Bond follows the proper protocol for requesting a job reference, namely, by utilization of the designated job referral contact (the "Work Number" at 1.800.367.5690 or ~~.~.YwJb.~.~~.m:~JwnIbQr&m}}; Employer code number 11010), Defendants agree to provide a neutral job reference to prospective employers of Daleena Bond consistent with company policies, and further agree not to reference any of the following to any potential employer of Ms. Bond: her charge of discrimination, the Commission's lawsuit, or this Consent Decree entered in the Commission's lawsuit.
5. Defendants agree during the effective period of this Decree to continue making available to Houston, Texas, Dollar General employees phone numbers to lodge an internal complaint of discrimination.
6. Contingent upon Ms. Bond's signing a separate release to be negotiated between Ms. Bond and Defendants, Defendants agree to pay the total sum of Thirty-Five Thousand and No/lOO Dollars ($35,000.00), less any applicable employment taxes and withholdings, in full and final settlement of the Commission's and Daleena Bond's lawsuits. Said sum shall be paid within ten (10) calendar days from the date of entry of the Consent Decree. The check(s) shall be mailed to Ms. Bond's private counsel. A copy of the check disbursed to
CONSENT DECREE - PAGE 4 DALDMS/558173.8

Case 4:04-cv-03787 Docurnenl42-2 FHed 02/24/2006 Page 5 of 6
Ms. Bond shall be mailed to the Commission's counsel of record on the same day the check is mailed to Ms. Bond's counsel.
7. Each party to this action shall bear its own costs and attorney's fees. 8. This Consent Decree shall remain in effect for one (1) year from the date of entry of this Decree. 9. EEOC and Dollar General agree that, should either choose to issue a press release, it will be in an agreed upon fonn with the content being agreed to by both parties in advance of its issuance. Nothing herein shall be construed as a requirement that a press release be issued. The Parties specifically acknowledge that a breach of this paragraph, if proven, may subject a Party to court-imposed sanctions. 10. During the period this Consent Decree shall remain in effect, the Court shall retain jurisdiction to assure compliance with this Consent Decree and to pennit entry of such further orders or modifications as may be appropriate. The parties are authorized to seek Court-ordered enforcement of this Consent Decree in the event of a breach of any provisions herein. Should any party believe the other party to be in breach of this Decree, it shall provide the other party with notice and ten (10) calendar days to cure the breach or resolve the issue prior to seeking court intervention or enforcement. Nothing in this Consent Decree shall be construed to preclude the Commission from filing a separate action under Title VII or any other
CONSENT DECREE - PAGE 5 DALDMS!558173. 8

Case 4:04-cv-03787 Docurnent42-2 FHed 02/24/2006 Page fJ of 6
statute which the Commission enforces in the future for any alleged violations by Defendants not raised in the Commission's Complaint or resolved by this Consent Decree.
Signed this __2__7__ day Of---4~'----:J:,-:=o:;.._-,--__, 2006 at Houston, Texas.
DAVID HITTNER United States District Judge
CONSENT DECREE -PAGE 6 DALDMSf558173. 8

 
 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

Page 1 of 6

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:04-cv-03787

CLOSED

Equal Employment Opportunity Commission v. Dolgencorp Date Filed: 09/29/2004

of Texas Inc et al

Date Terminated: 02/27/2006

Assigned to: Judge David Hittner

Jury Demand: Defendant

Cause: 42:2000 Job Discrimination (Sex)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by Timothy M Bowne EEOC 1919 Smith 7th Fl Houston, TX 77002 713-209-3395 Fax: 713-209-3402 fax Email: timothy.bowne@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Dolgencorp of Texas Inc doing business as Dollar General

represented by Joel Steven Allen Baker & McKenzie 2001 Ross Ave Ste 2300 Dallas, TX 75201 214-978-3017 Fax: 214-978-3099 Email: joel.allen@bakernet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa M Hensley Baker & McKenzie 2001 Ross Ave Ste 2300 Dallas, TX 75201 214-978-3000 Fax: 214-978-3099 Email: melissa.hensley@bakernet.com ATTORNEY TO BE NOTICED

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?461245374413709-L_353_0-1

5/16/2007

DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

Page 2 of 6

Defendant Dollar General Corp
Intervenor Plaintiff Daleena Bond
Intervenor Defendant Dolgencorp of Texas Inc doing business as Dollar General
Intervenor Defendant Dollar General Corp

represented by Joel Steven Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa M Hensley (See above for address) ATTORNEY TO BE NOTICED
represented by Jane Rye McQueeney Levin & Atwood LLP 1918 Stormcroft Circle Katy, TX 77450 281-579-6044 Fax: 281-579-6442 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joel Steven Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa M Hensley (See above for address) ATTORNEY TO BE NOTICED
represented by Joel Steven Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa M Hensley (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/29/2004
09/29/2004

#

Docket Text

1 COMPLAINT against Dolgencorp of Texas Inc, Dollar General Corporation (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) (Entered: 10/01/2004)

2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 11/18/2004 02:00 PM in Courtroom 702 before Magistrate Judge Stephen Smith. Parties

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?461245374413709-L_353_0-1

5/16/2007

DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

Page 3 of 6

09/29/2004 10/12/2004 10/15/2004 10/15/2004 11/03/2004 11/04/2004 11/17/2004 11/17/2004 11/18/2004
11/18/2004
11/29/2004 12/30/2004 01/19/2005 02/01/2005 02/02/2005

notified.(lfilmore, ) (Entered: 10/01/2004)
3 Summons Issued as to Dolgencorp of Texas Inc, Dollar General Corporation , filed.(lfilmore, ) (Entered: 10/01/2004)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 10/12/2004)
4 Summons Issued as to Dollar General Corporation , filed.(psmith, ) (Entered: 10/19/2004)
5 Summons Issued as to Dolgencorp of Texas Inc , filed.(psmith, ) (Entered: 10/19/2004)
6 ANSWER to Complaint with Jury Demand, by Dolgencorp of Texas Inc, filed.(psmith, ) (Entered: 11/04/2004)
7 RETURN of Service Executed as to Dollar General Corporation on 10/22/04 , filed.(psmith, ) (Entered: 11/05/2004)
8 REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 11/17/2004)
11 AFFIDAVIT of Service by Secretary of State, State of Texas, as to Dollar General Corporation on 10/25/04, filed.(ddarneille, ) (Entered: 11/21/2004)
9 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 11/18/2004. Scheduling order to follow. Appearances: Joel Steven Allen f/Def, Timothy M Bowne f/Plf.(ERO:R.Konieczny), filed.(rkonieczny, ) (Entered: 11/18/2004)
10 SCHEDULING ORDER: Trial Term: November/December 2005. ETT: 3 days. Jury trial Amended Pleadings due by 4/1/2005 Joinder of Parties due by 1/3/2005 Pltf Expert Witness List due by 3/1/2005 Deft Expert Witness List due by 4/1/2005 Discovery due by 7/1/2005 Dispositive Motion Filing due by 8/1/2005 Non-Dispositive Motion Filing due by 8/1/2005 Joint Pretrial Order due by 10/28/2005.( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny, ) (Entered: 11/18/2004)
12 CERTIFICATE OF INTERESTED PARTIES by Dolgencorp of Texas Inc, filed.(ltien, ) (Entered: 12/01/2004)
13 MOTION to Intervene, by Daleena Bond, filed. Motion Docket Date 1/19/2005. (psmith, ) (Entered: 01/04/2005)
14 RESPONSE to Charging Party Daleena Bond's 13 MOTION to Intervene, filed by Dolgencorp of Texas Inc. (psmith, ) (Entered: 01/21/2005)
15 MOTION for Extension to Response Time by Daleena Bond, filed. Motion Docket Date 2/22/2005. (ealexander, ) (Entered: 02/02/2005)
16 ORDER granting 15 Motion for Extension of Time .( Signed by Judge

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?461245374413709-L_353_0-1

5/16/2007

DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

Page 4 of 6

02/16/2005 03/15/2005 05/09/2005 05/17/2005
07/29/2005
08/01/2005 08/02/2005
09/12/2005 09/12/2005 09/14/2005 09/15/2005

David Hittner ) Parties notified.(ealexander, ) (Entered: 02/03/2005)
17 SECOND MOTION Requesting Extension to Response Time Due to Attorney's Illness by Daleena Bond, filed. Motion Docket Date 3/8/2005. (ealexander, ) (Entered: 02/18/2005)
18 ORDER granting 13 Motion to Intervene .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/16/2005)
19 Joint MOTION to Modify Scheduling Order by all parties, filed. Motion Docket Date 5/31/2005. (Attachments: # 1 Proposed Order)(Bowne, Timothy) (Entered: 05/09/2005)
20 ORDER granting 19 Joint MOTION to Modify Scheduling Order, Trial Term: January/February 2006. Deft Expert Report due by 8/1/2005 Discovery due by 8/30/2005 Dispositive Motion Filing due by 9/29/2005 Non-Dispositive Motion Filing due by 9/29/2005 Joint Pretrial Order due by 12/27/2005.( Signed by Judge David Hittner ) Parties notified. (ealexander, ) (Entered: 05/18/2005)
21 MOTION to Modify Joint Motion to Modify Scheduling Order as to 20 Order,, Set/Reset Scheduling Order and Trial Settings,, 10 Scheduling Order, by Dolgencorp of Texas Inc, Dollar General Corporation, filed. Motion Docket Date 8/18/2005. (Attachments: # 1 Proposed Order Modified Scheduling Order)(Allen, Joel) (Entered: 07/29/2005)
22 NOTICE re: 20 Order,, Set/Reset Scheduling Order and Trial Settings, Notice of Filing Expert Report of Byron L. Howard, M.D. by Dolgencorp of Texas Inc, Dollar General Corporation, filed. (Attachments: # 1) (Allen, Joel) (Entered: 08/01/2005)
23 MODIFIED SCHEDULING ORDER granting 21 MOTION to Modify Joint Motion to Modify Scheduling Order as to 20 Order,, Set/Reset Scheduling Order and Trial Settings,, 10 Scheduling Order,, Trial Term: March/April, 2006. Deft Expert Report due by 9/16/2005 Discovery due by 10/14/2005 Dispositive Motion Filing due by 11/14/2005 NonDispositive Motion Filing due by 11/14/2005 Joint Pretrial Order due by 2/13/2006.( Signed by Judge David Hittner ) Parties notified. (ealexander, ) (Entered: 08/03/2005)
24 MOTION for Leave to File Amended Pleading by Daleena Bond, filed. Motion Docket Date 10/3/2005. (Walls, Rhonda) (Entered: 09/12/2005)
25 First AMENDED Plaintiff-Intervenor Complaint against all defendants filed by Daleena Bond.(Walls, Rhonda) (Entered: 09/12/2005)
26 Unopposed MOTION for Extension of Time Experts Report by Dolgencorp of Texas Inc, Dollar General Corp, Dolgencorp of Texas Inc, Dollar General Corp, filed. Motion Docket Date 10/4/2005. (Attachments: # 1 Order)(Allen, Joel) (Entered: 09/14/2005)
27 ORDER granting 26 Motion for Extension of Time. Defendants' Expert Report must be filed on or before 9/23/05 .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 09/16/2005)

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?461245374413709-L_353_0-1

5/16/2007

DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

Page 5 of 6

09/19/2005 09/20/2005 09/21/2005 09/22/2005 09/27/2005 09/27/2005 09/27/2005 09/30/2005 10/05/2005 11/08/2005
11/09/2005
01/11/2006 01/12/2006

28 NOTICE of Appearance by Melissa M. Hensley on behalf of Dolgencorp of Texas Inc, Dollar General Corp, Dolgencorp of Texas Inc, Dollar General Corp, filed. (Hensley, Melissa) (Entered: 09/19/2005)
29 CERTIFICATE of Conference re 24 MOTION for Leave to File Amended Pleading by Dolgencorp of Texas Inc, Dollar General Corp, Dolgencorp of Texas Inc, Dollar General Corp, filed.(Hensley, Melissa) (Entered: 09/20/2005)
30 PROPOSED ORDER, filed.(Hensley, Melissa) (Entered: 09/21/2005)
31 MOTION for Extension of Time Defendants' Expert Report by all defendants, filed. Motion Docket Date 10/12/2005. (Attachments: # 1 Proposed Order)(Allen, Joel) (Entered: 09/22/2005)
32 RESPONSE to 31 MOTION for Extension of Time Defendants' Expert Report, filed by Equal Employment Opportunity Commission. (Bowne, Timothy) (Entered: 09/27/2005)
33 ORDER granting 31 Motion for Extension of Time. Defendants' Expert Report must be filed on or before September 30, 2005.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 09/28/2005)
34 AGREED PROTECTIVE ORDER.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 09/28/2005)
35 Expert Report of Byron L. Howard, M.D. by all defendants, filed.(Allen, Joel) (Entered: 09/30/2005)
36 ORDER granting 24 Motion for Leave to File Amended Pleading. ( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 10/06/2005)
37 Joint MOTION for Extension of Time Motions Deadline and Extension of Trial Setting by Dolgencorp of Texas Inc, Dollar General Corp, Dolgencorp of Texas Inc, Dollar General Corp, filed. Motion Docket Date 11/28/2005. (Attachments: # 1 Proposed Order)(Hensley, Melissa) (Entered: 11/08/2005)
38 ORDER granting 37 Joint MOTION for Extension of Time Motions Deadline and Extension of Trial Setting, Trial Term: July/August, 2006. Dispositive Motion Filing due by 1/16/2006 Non-Dispositive Motion Filing due by 1/16/2006 Joint Pretrial Order due by 6/30/2006.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/14/2005)
39 Joint MOTION for Extension of Time Motions deadline by Dolgencorp of Texas Inc, Dollar General Corp, Dolgencorp of Texas Inc, Dollar General Corp, filed. Motion Docket Date 1/31/2006. (Attachments: # 1 Proposed Order)(Hensley, Melissa) (Entered: 01/11/2006)
40 AGREED ORDER granting 39 Joint MOTION for Extension of Time Motions deadline, Set Deadlines/Hearings as to 39 Joint MOTION for Extension of Time Motions deadline. Dispositive Motion Filing due by

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?461245374413709-L_353_0-1

5/16/2007

DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

Page 6 of 6

01/20/2006 02/24/2006
02/24/2006 02/27/2006

2/16/2006 Non-Dispositive Motion Filing due by 2/16/2006.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 01/13/2006)
41 INFORMATION filing sheet for oral deposition of Robert Dotson, filed. (psmith, ) Additional attachment(s) added on 1/30/2006 (ltien, ). (Entered: 01/23/2006)
42 Joint MOTION for Entry of Order re: Entry of Consent Decree by Equal Employment Opportunity Commission, filed. Motion Docket Date 3/16/2006. (Attachments: # 1 Proposed Order Proposed Consent Decree) (Bowne, Timothy) (Entered: 02/24/2006)
43 STIPULATION of Dismissal by Equal Employment Opportunity Commission, filed.(Bowne, Timothy) (Entered: 02/24/2006)
44 CONSENT DECREE, Case terminated.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/28/2006)

PACER Service Center
Transaction Receipt

PACER Login: Description: Billable Pages:

05/16/2007 14:26:34

hs0328

Client Code:

Docket Report Search Criteria:

4

Cost:

eeoc 4:04-cv-03787 0.32

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?461245374413709-L_353_0-1

5/16/2007