Case 3:05-cv-03952-MMC Document 1 Filed 09/29/2005 Page 1 of 5

WlLUAM R. TAMAYO (CA. Stale Bar No. 084965)

JONATHAN T. PECK 01A. Stale Bar No. 12303)

2 SANYA HIlL MAXION (WA. Stale BarNo. 18739)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

l San Francisw District Offi~

350 The Embarcadero, Suite 500

,4 San Franci5C(), California 94105 Te!~hone: (415) 625·5650 Facsimile: (415) 625-5657
6 Auorneys for Plaintiff

E-Filing

Equal EmplO}11lrnt Opportunity Commission

7

8

UNITED STATES DISTRICT COURT

9

NORTIlERN DISTRICT OF CALIFORNIA

\0

18

NAI UREOFIHE ACIIO N

19

This action is brought punuant to Title VII of the Civil Righls Act of 1964 and Title I

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

21 race and to provide appropriate rcliefto Chene Gasper, who was adversely affected by such

22 practices. Plaintiff alleges that Defendant, Taylor Made Digital Systems, Inc. , subjected Ms.

23 Gasper to unlawful sex and race discrimination when it refused to allow her 10 return to her

24 po$ition, demoted her and tenninated her employment.

2S

J URI SplCTIO N AND VE NUE

26

I. Jurisdiction of this Court is invoked pursuant to 28 U.S. §§ 4S I , 1331, 1337,

1343 and 1345. This action is authorized and instituted to Section 706(1)(1) and (3) of Title VII

28 of the Civil Rights Act of 1964, as amended ("Title VII'), 42 U.S.C. §2000e· 5(f)(1) and (3);

Case 3:05-cv-03952-MMC Document 1 Filed 09/29/2005 Page 2 of 5

I Seelion 102 of the Civil Rights Act of 1991, 42 V.S.c. §1981(a); and the Pregnancy

2 Discrimination Act of 1978, 42 U.S.c. §2()()()e(k).

3

2. The unlawful employment practices alleged hen:in were commined in the Slate

4 of Cali fomi a, thus venue is proper "in any judicial district in the State in which the unlawful

,5 employment practice is alleged to have been corrunitted" (§706(!)(3) o f Title VII, 42 U.S.C. §2000e-S(f)(3». Venue is therefore proper in the United States District Court for the Northern

7 Distri(;\ ofCa]i[ornia.

8

If\lTRA-DISTRICT ASSIGNME NT

9

3. This action is appropriate for assignment to the Oakland Division of the Nonhern

\0 District of California bttause the unlawful employment practices were comrnined within

II Alameda County, the employment records relevant to the unlawful practices are located in

12 Alameda county and because Defendant's principal place of business is in Alameda county.

\3

PARTIES

4. Plaintiff, the Equal Employment Opportunity Commission CThnunission''), is

15 the agency of the United States of America charged with the administration, interpretation and

I' enforcement ofTitle VII, and is expressly authorized to bring this action by Section 706(f){1)

17 and (3) ofTitle VII, 42 U.S.c. §2000e-5(f){1) and (3).

18

S. At all relevant time, Defendant Taylor Made Digital System, Inc., ("Defendant'')

19 is a California Corporation, qualified and doing business in the State of California and the City

20 of Livennore and has continuously bad and does now have at least 15 employees.

21

6. At all relevant times, Defendant has been, and is now an employer engaged in an

22 industry affecting commerce within the meaning ofSections 701(b)(g)and (h) ofTitle VII, 42

23 U.S.C. §2000e(b), (g) and (h).

24

STATEMENT OF CLAIMS

25

7. More than thirty (30) days prior to the institutioo of this lawsuit, Chene

26 Gasper (,'Charging party'') filed a charge with the Commission alleging violations of Title Vll
,
by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.

28 1/1/

2

Case 3:05-cv-03952-MMC Document 1 Filed 09/29/2005 Page 3 of 5

I

8. Since at least May 2, 2003, Defendant engaged in unlawful employment

2 practices in violation of Seclion 703 (a)(l) of Tille VII, 42 U.S.C. §2000c-2(a) (I) by

3 discriminating agairu;t Charging Party because of her sex (femalelpregnarn:y) and race (African-

4 American). Defendant unlawfully refused to allow Charging Party to return \0 her previous

5 position after her pregnancy despite the fact that she could perform all her job functions, and

6 instead replaced and demoted her; in further violation of the stalUte Defendant laid off Charging

7 Party because of her pregnancy sex (female-pregnancy and race (African-American).

8

9. The effect orlhe practices complained of above have been to deprive Charging

9 Party of equal employment opportunities and otherwise adversely affect her employment status

10 because of her sex and race.

II

10. The unlawful employment practices complained of above were and are

12 intentional.

\3

11. The unlawful employment practices complained of above were done with malice

• and/or reckless indifferrnce to the fedenJ.ly protected rights of Charging Party.

15

PRAYER fOR RELIEf

16

Wherefore, the Commission respectfully request that this Coun:

17

A. Grant a permanent injunction enjoining Defendant, its officers, successors,

18 assigns, and all persons in active concert or participation with it, from engaging in sex and race

19 discrimination based on pregnancy, childbinh, or related medical conditions, and race

20 discrimination.

21

S. Order Defendant to institute and carry OUi policies, practices, and programs

22 which provide equal employment opponunities for female and black employees and which

23 eradicate the effcct of their past and present unlawful employment practices ofsel! and race

24 discrimination.

25

C. Order Defendant to make whole Charging Party by providing appropriate back

,26 pay with prejudgment interest, in amounts to be determined al trial, reinstatement and/or front pay in amounts to be determined at trial and other affinnative re!iefnecessary 10 eradicate the

28 effects of its unlawful employment practices.

CO~PLA I :'''

l

Case 3:05-cv-03952-MMC Document 1 Filed 09/29/2005 Page 4 of 5

D. Order Defendant to make wbolc Charging Party by providing compensation for

2 past and future pecuniary loues resulting from the unlawful employment practices described

3 above, including but not limited to medical expenses, with interest, in amounts to be detennined

,4 al triaL E.

Order Defendant to make whole Charging Pany by providing compcll$3lion for

6 past and future noo-pc:cuniary loHCS resulting from the unlawful employment pnlClices

7 described above, including but not limited to emotional pain and sutTering, inconvenience, loss

,8 of enjoyment of life and humiliation, in amounts to be determined at triaL F. Order Defendant to pay Charging Party punitive damages for its malicious and

I. reckless conduct described above, in amounts to be detennined at trial.

II

G. Granl such further reliefas the Court deetJl5 necessary and proper in Ihe public

12 interest.

13

H. Award the Commission its CQSUI in this action.

"" I , Iffl
16 1111 17 1111 18 1111
I' 1111 2. 1I11
21 /111 22 1111 23 1111 24 1111
"" 2S
26 IIfI

1111

28 ""

COMrt.Atlo'T

4

Case 3:05-cv-03952-MMC Document 1 Filed 09/29/2005 Page 5 of 5

J URY TRIAL PEMAND

2

Pursuant to the provisions ofFcderal Rule of Civil Procedure 38(b), Plaintiff hereby

3 demands a jury trial.

4

JAMES L. LEE

S

Deputy General Counsel

6

GWENDOLYN YOUNG REAMS

Asoociate General Counsel 7

EQUALENWLOYMffiNTOPPORTUN[fY

8

COMMISSION

1801 L. Street, N.W.

9

Washington, D.C. 20507

10

II

'?JIg 12 DATE,

,2005

i3

I

15 DATE: 16

,2005

17
18 DATE:~,,/e.t l!f, 2005
19

20

21

22

23

AT T. PECK
rvisory Trial Attorney
~1nc&i;;;'plqr; ,0---
Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260

24

2S

26

7

28

s

 
 Case 3:05-cv-03952-MMC Document 10 Filed 12/21/2005 Page 1 of 5

1 WILLIAM R. TAMAYO (CA. State Bar No. 084965) JONATHAN T. PECK (VA. State Bar No. 12303)
2 SANYA HILL MAXION (WA. State Bar No. 18739) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 San Francisco District Office 350 The Embarcadero, Suite 500
4 San Francisco, California 94105 Telephone: (415) 625-5650
5 Facsimile: (415) 625-5657

6 Attorneys for Plaintiff Equal Employment Opportunity Commission
7

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

11 EQUALEMPLOYMENTOPPORTUNITY)

COMMISSION,

)

12

)

Plaintiff,

)

13

)

v.

)

14

)

RICOH CORPORATION, a subsidiary of )

15 RICOH COMPANY, LTD., d/bla, RICOH )

BUSINESS SYSTEMS, INC.;TAYLOR )

16 MADE DIGITAL SYSTEMS, INC.,

)

)

17

)

)

18

Defendant.

)

19 ---------------------------)

CNIL ACTION NO. C-05-3952-JCS
FIRST AMENDED COMPLAINT
Civil Rights - Employment Discrimination
JURY TRIAL DEMAND

20

NATURE OF THE ACTION

21

This action is brought pursuant to Title vn of the Civil Rights Act of 1964 and Title I

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

23 race and to provide appropriate relief to Chene Gasper, who was adversely affected by such

24 practices. Defendant Taylor Made Digital Systems, Inc., subjected Ms. Gasper to unlawful sex

25 and race discrimination when it refused to allow her to return to her position, demoted her and

26 terminated her employment. Defendant Ricoh Corporation, d/bla Ricoh Business Systems, is a

27 successor to Defendant Taylor Made Digital Systems, Inc.

28 IIII

FIRST AMENDED COMPLAINT

1

Case 3:05-cv-03952-MMC Document 10 Filed 12/21/2005 Page 2 of 5

1

JURISDICTION AND VENUE

2

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

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

4 of Title VII ofthe Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. §2000e-5(f)(I)

5 and (3); Section 102 ofthe Civil Rights Act of 1991,42 U.S.c. §1981(a); and the Pregnancy

6 Discrimination Act of 1978,42 U.S.C. §2000e(k).

7

2. The unlawful employment practices alleged herein were committed in the State

8 of California, thus venue is proper "in any judicial district in the State in which the unlawful

9 employment practice is alleged to have been committed" (§706(f)(3) of Title VII, 42 U.S.C.

10 §2000e-5(f)(3». Venue is therefore proper in the United States District Court for the Northern

11 District of California.

12

INTRA-DISTRICT ASSIGNMENT

13

3. This action is appropriate for assignment to the Oakland Division of the Northern

14 District of California because the unlawful employment practices were committed within

15 Alameda County, the employment records relevant to the unlawful practices are located in

16 Alameda County and because Defendant's principal place of business is in Alameda County.

17

PARTIES

18

4. Plaintiff, the Equal Employment Opportunity Commission ("Commission"), is

19 the agency of the United States of America charged with the administration, interpretation and

20 enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (f)(1)

21 and (3) of Title VII, 42 U.S.C. §2000e-5(f)(I) and (3).

22

5. Defendant Taylor Made Digital Systems, Inc., is a California corporation,

23 qualified and doing business in the State of California and the City ofLivennore and has

24 continuously had at least 15 employees.

25

6. Defendant Ricoh Corporation is incorporated in the State of Delaware and

26 qualified and doing business in the State of California and the City of Livermore as Ricoh

27 Business Systems, Inc., and has continuously had and does now have at least 15 employees.

28 Defendant Ricoh Corporation, d/b/a Ricoh Business Systems, Inc., is a successor to Defendant

FIRST AMENDED COMPLAINT

2

Case 3:05-cv-03952-MMC Document 10 Filed 12/21/2005 Page 3 of 5

Made Systems, Inc, and as successor is liable for the discriminatory acts herein alleged.

2

7. At all relevant times, Defendants Taylor Made Digital Systems, Inc. and Ricoh

3 Corporation, d/b/a, Ricoh Business Systems, Inc., have continuously been employers engaged in

4 an industry affecting commerce within the meaning of Section 701 (b)(g) and (h) of Title VII, 42

5 U.S.C. §2000e(b), (g) and (h).

6

STATEMENT OF CLAIMS

7

8. More than thirty (30) days prior to the institution ofthis lawsuit, Chene

8 Gasper ("Charging Party") filed a charge with the Commission alleging violations of Title VII

9 by Defendant Taylor Made Digital Systems, Inc. All conditions precedent to the institution of

10 this lawsuit have been fulfilled.

11

9. Since at least May 2,2003, Defendant Taylor Made Digital Systems, Inc. engaged

12 in unlawful employment practices in violation of Section 703 (a) (1) of Title VII, 42 U.S.C.

13 §2000e-2(a) (1) by discriminating against Charging Party because ofher sex (female/pregnancy)

14 and race (African American). Defendant Taylor Made Digital Systems, Inc., unlawfully refused

15 to allow Charging Party to return to her previous position after her pregnancy despite the fact

16 that she could perform all her job functions, and instead replaced her and demoted her; in

17 further violation ofthe statute Defendant Taylor Made Systems, Inc., laid of Charging Party

18 because of her sex (female/pregnancy) and race (African American).

19

10. The effect of the practices complained of above have been to deprive Charging

20 Party of equal employment opportunities and otherwise adversely affect her employment status

21 because of her sex and race.

22

11. The unlawful employment practices complained of above were and are

23 intentional.

24

12. The unlawful employment practices complained of above were done with malice

25 and/or reckless indifference to the federally protected rights of Charging Party.

26

13. Defendant Taylor Made Digital Systems, Inc., and Defendant Ricoh are

27 individually, jointly and/or severally liable for the unlawful employment parties complaint of
28 above.

FIRST AMENDED COMPLAINT

3

Case 3:05-cv-03952-MMC Document 10 Filed 12/21/2005 Page 4 of 5

1

PRAYER FOR RELIEF

2

Wherefore, the Commission respectfully request that this Court:

3

A. Grant a pennanent injunction enjoining Defendants, their respective officers,

4 successors, assigns, and all persons in active concert or participation with them, from engaging

5 in sex and race discrimination based on pregnancy, childbirth, or related medical conditions.

6

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

7 which provide equal employment opportunities for female employees and which eradicate the

8 effect of their past and present unlawful employment practices of sex and race discrimination

9 based on pregnancy, childbirth, or related medical conditions.

10

C. Order Defendants to make whole Charging Party by providing appropriate back

11 pay with prejudgment interest, in amounts to be determined at trial, reinstatement and/or front

12 pay in amounts to be detennined at trial and other affinnative relief necessary to eradicate the

13 effects of its unlawful employment practices.

14

D. Order Defendants to make whole Charging Party by providing compensation for

15 past and future pecuniary losses resulting from the unlawful employment practices described

16 above, including but not limited to medical expenses, with interest, in amounts to be detennined

17 at trial.

18

E. Order Defendants to make whole Charging Party by providing compensation for

19 past and future non-pecuniary losses resulting from the unlawful employment practices

20 described above, including but not limited to emotional pain and suffering, inconvenience, loss

21 of enjoyment of life and humiliation, in amounts to be detennined at trial.

22

F. Order Defendants to pay Charging Party punitive damages for their malicious

23 and reckless conduct described above, in amounts to be detennined at trial.

24

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

25 interest.

26

H. Award the Commission its costs in this action.

27 IIII

28 IIII

FIRST AMENDED COMPLAINT

4

Case 3:05-cv-03952-MMC Document 10 Filed 12/21/2005 Page 5 of 5

JURY TRIAL DEMAND

2

Pursuant to the provisions ofFederal Rule of Civil Procedure 38(b), Plaintiffhereby

3 demands a jury trial.

4

5

JAMESL. LEE

6

Deputy General Counsel

7

GWENDOLYN YOUNG REAMS Associate General Counsel

8

EQUALE~LOYMENTOPPORTUNITY

9

COMMISSION 1801 L. Street, N.W.

10

Washington, D.C. 20507

11

12 13

DATE: P-c.r/

,2005

14

:trc. 15
16 DATE:

2 \ ,2005

17

~ 18
19 DATE:

R /,2005

20

21

22

23

~R' d£?!JJf~~
SANYHILL MAXION Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260

24

25

26

27

28

FIRST AMENDED COMPLAINT

5

 
 Case 3:05-cv-03952-MMC Document 24 Filed 10/18/2006 Page 1 of 5

1 WILLIAM R. TAMAYO - #084965 (CA)

JONATHAN T. PECK - # 12303 (VA)

2 SANYA HILL MAXION - # 18739 (WA)

EQUAL EMPLOYMENT OPPORTUNITY

3

COMMISSION

San Francisco District Office

4 350 The Embarcadero, Suite 500

San Francisco, California 94105

5 Telephone: (415) 625-5650

Facsimile: (415) 625-5657

6

7 Attorneys for Plaintiff

8 RICHARD T. BOWLES- #46234 (CA) MARY P. SULLIVAN- #176195 (CA)
9 BOWLES & VERNA LLP. 2121 N. California Boulevard, Suite 875
10 Walnut Creek, California 94596 Telephone: (925) 935-3300
11 Facsimile: (925) 935-0371

12 Attorneys for Defendant
13

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)

16

17 EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

18

)

)

19

Plaintiff,

)

)

20 v.

)

)

21 RICOH CORPORATION, a subsidiary of )

RICOH COMPANY, LTD., dab, RICOH )

22 BUSINESS SYSTEMS, INC., TAYLOR )

MADE DIGITAL SYSTEMS, INC.,

)

23

)

)

24

Defendant.

)

)

25

CIVIL ACTION NO. C-05-3952-MMC CONSENT DECREE

26

27

28

CONSENT DECREE CIVIL ACTION N. C-05-3952-MMC

1

Case 3:05-cv-03952-MMC Document 24 Filed 10/18/2006 Page 2 of 5

1

I. INTRODUCTION

2

On September 29, 2005 Plaintiff, Equal Employment Opportunity Commission

3 (“EEOC”), filed this action pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”)

4 and Title I of the Civil Rights Act of 1991 against Defendant Taylor Made Digital Systems Inc.

5 (“Defendant Taylor Made”). Plaintiff alleged that Defendant Taylor Made subjected Chene

6 Gasper to unlawful race and sex discrimination because of her pregnancy. On or about March 1,

7 2005, Ricoh Corporation dba Ricoh Business Systems (“Defendant Ricoh”) purchased Taylor

8 Made and acquired its liabilities as a successor corporation. On December 21, 2005, the EEOC

9 filed an Amended Complaint adding Defendant Ricoh under a theory of successor liability.

10

The EEOC and Defendants want to conclude fully and finally all claims arising out of the

11 above action without the expenditure of further resources and expenses in contested litigation.

12 They enter into this Consent Decree to further the objectives of equal employment opportunity as

13 set forth in Title VII.

14

II. NON-ADMISSION OF LIABILITY

15

This consent decree is not an adjudication or finding on the merits of this case and shall

16 not be construed as an admission of a violation of Title VII by Defendants.

17

The Court has reviewed the terms of this Consent Decree in light of the pleadings, the

18 record herein, and the applicable law, and now approves the Consent Decree in its entirety.

19

Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

20

III. GENERAL PROVISIONS

21

1. This Court has jurisdiction over the subject matter and the parties to this action.

22

2. This Consent Decree constitutes a full resolution of Plaintiff’s complaint in Civil

23 Action No. C-05-3952-MMC and the underlying charge of discrimination filed with the EEOC.

24

3. This Consent Decree shall become effective upon its entry by the Court.

25

4. Each party shall bear its own costs and attorney fees.

26

27

28

CONSENT DECREE CIVIL ACTION N. C-05-3952-MMC

2

Case 3:05-cv-03952-MMC Document 24 Filed 10/18/2006 Page 3 of 5

1

IV. MONETARY RELIEF

2

1. Defendant Ricoh will pay to Chene Gasper the gross sum total of $30,600.00

3 in full settlement of the discrimination claims made in this lawsuit.

4

2. The settlement amount identified in paragraph one is being paid in complete

5 compromise of all disputed issues arising out of the Complaint filed in this lawsuit, Civil Action

6 No. C-05-3952-MMC, U.S. District Court for the Northern District of California.

7

3. The monetary relief shall be paid as follows:

8

a. Within ten days of the entry of this Consent Decree, Defendant Ricoh will

9

issue a check in the amount of $30,600.00 to Chene Gasper. Defendant

10

Ricoh shall make payment in the form of a business check, cashier’s

11

check, or certified check made payable to Chene Gasper, respectively.

12

Ricoh will also send Ms. Gasper a Form 1099 with this payment.

13

4. Defendant Ricoh will mail the check to Chene Gasper respectively and will send a

14 copy of the check to Sanya Hill Maxion, Senior Trial Attorney, for the EEOC within ten (10)

15 days of mailing the check.

16

V. NON-MONETARY RELIEF

17

1. Race and Sex (Pregnancy) Discrimination: Defendant Taylor Made and its

18 successors and assigns (including Defendant Ricoh) will comply with all requirements of Title

19 VII with respect to providing a work environment free from discrimination on the basis of race

20 and sex and pregnancy.

21

2. Retaliation: Defendant Taylor Made and its successors and assigns (including

22 Defendant Ricoh) agree not to engage in, implement or permit any action, policy or practice

23 with the purpose of retaliating against any current or former employee of Defendants because he

24 or she opposed any practice of race discrimination or sex (pregnancy) discrimination made

25 unlawful under Title VII; filed a charge of discrimination alleging any such practice; testified or

26 participated in any manner in any investigation (including, without limitation, any internal

27

28

CONSENT DECREE CIVIL ACTION N. C-05-3952-MMC

3

Case 3:05-cv-03952-MMC Document 24 Filed 10/18/2006 Page 4 of 5

1 investigation undertaken by Defendants), proceeding or hearing in connection with this case

2 and/or relating to any claim of sex discrimination or pregnancy discrimination or identified as a

3 possible witness in this action.

4

3. Race and Sex (Pregnancy) Discrimination Policy: Ricoh has had and will

5

continue to have posted on its company intranet website its anti-discrimination

6

policy which includes but is not limited to race and sex (pregnancy)

7

discrimination. All Ricoh employees have access to this website and the

8

information on it, including Ricoh’s Code of Ethics and its policies against

9

harassment and discrimination in the workplace. Within ninety (90) days of this

10

decree, Defendant Ricoh agrees to provide EEOC, c/o Sanya Hill Maxion, a copy

11

of posted policies and will provide EEOC with a letter affirming that Ricoh will

12

continue to keep these policies on-line and updated.

13

4. Regarding any inquiries from prospective employers to Defendant Ricoh, as is its

14

corporate policy, all inquires will be directed to Mary Ann Hanna, the Executive

15

Assistant to the Vice President for Human Resources, Corporate Human

16

Resources, Ricoh Corporation, Five Dedrick Place, West Caldwell, NJ 07006,

17

telephone number: (973) 882-2213. Ricoh will inform any prospective employer

18

of the dates that Ms. Gasper worked for Taylor Made Digital Systems and the

19

positions she held. Ricoh will make no reference to the underlying charge in this

20

action or this lawsuit growing out of said charge.

21

22

VI. RETENTION OR JURISDICTION AND

EXPIRATION OF CONSENT DECREE

23

1. This Consent Decree shall terminate within one (1) year from the date of entry

24

by the Court.

25

////

26

////

27

28

CONSENT DECREE CIVIL ACTION N. C-05-3952-MMC

4

Case 3:05-cv-03952-MMC Document 24 Filed 10/18/2006 Page 5 of 5

1

This Court shall retain jurisdiction over this action for the purposes of enforcing

2 the provisions of this Consent Decree.

3

On behalf of Plaintiff:

4 5 DATE: 6

10/17/06

/s/
WILLIAM R. TAMAYO Regional Attorney

7 8 DATE: 9

10/17/06

/s/
JONATHAN T. PECK Supervisory Trial Attorney

10 11 DATE: 12

10/13/06

/s/
SANYA HILL MAXION Senior Trial Attorney

13

U.S. EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

14

15

16

On behalf of the DEFENDANT:

17

18 DATE: 19 20

10/11/06

/s/ RICHARD T. BOWLES MARY P. SULLIVAN BOWLES & VERNA LLP

21

IT IS SO ORDERED.

22

23 DATE: October 18, 2006 24

HONORABLE MAXINE M. CHESNEY

25

26

27

28

5

 
 CAND-ECF - Docket Report

Page 1 of 5

ADRMOP, CLOSED, E-Filing, MEDIATION
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:05-cv-03952-MMC

Equal Employment Opportunity Commission v. Taylor Made Digital System, Inc. Assigned to: Hon. Maxine M. Chesney Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/29/2005 Date Terminated: 10/18/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by William Robert Tamayo U.S. EEOC 350 Embarcadero Street Suite 500 San Francisco, CA 94105-1687 415-625-5645 Fax: 415-625-5657 Email: william.tamayo@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan T. Peck EEOC San Francisco District Office 350 The Embarcadero Suite 500 San Francisco, CA 94105-1687 415/625-5600 Fax: 415-625-5657 Email: Jonathan.Peck@eeoc.gov ATTORNEY TO BE NOTICED

Sanya P. Hill Maxion U.S. EEOC 350 The Embarcadero Suite 500 San Francisco, CA 94105-1260 415-625-5650 Fax: 415-625-5657 Email: sanya.hill@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?986500633355829-L_353_0-1

6/11/2007

CAND-ECF - Docket Report

Page 2 of 5

Taylor Made Digital System, Inc.
Defendant Ricoh Corporation a subsidiary of Ricoh Company, LTD. doing business as Ricoh Business Systems, Inc.

represented by Mary P. Sullivan Bowles & Verna LLP 2121 N. California Boulevard, Suite 875 Walnut Creek, CA 94596 925/935-3300 Fax: 925-935-0371 Email: msullivan@bowlesverna.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard T. Bowles Bowles & Verna LLP 2121 N. California Boulevard Suite 875 Walnut Creek, CA 94596 925-935-3300 Fax: 925-935-0371 Email: rbowles@bowlesverna.com ATTORNEY TO BE NOTICED
represented by Mary P. Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard T. Bowles (See above for address) ATTORNEY TO BE NOTICED

Date Filed 09/29/2005
09/29/2005
09/29/2005 09/29/2005 10/04/2005

#

Docket Text

1 COMPLAINT Under Civil Rights Employment Discrimination; Jury Trial Demand against Taylor Made Digital System, Inc. (Filing fee Waived). Filed byEqual Employment Opportunity Commission. (gba, COURT STAFF) (Filed on 9/29/2005) Additional attachment(s) added on 10/25/2005 (gba, COURT STAFF). (Entered: 10/01/2005)

2 ADR SCHEDULING ORDER: Case Management Statement due by 1/20/2006. Case Management Conference set for 1/27/2006 01:30 PM. (Attachments: # 1 CMC Standing Order# 2 Standing Order #2)(gba, COURT STAFF) (Filed on 9/29/2005) (Entered: 10/01/2005)

Summons Issued as to Taylor Made Digital System, Inc.. (gba, COURT STAFF) (Filed on 9/29/2005) (Entered: 10/01/2005)

CASE DESIGNATED for Electronic Filing. (gba, COURT STAFF) (Filed on 9/29/2005) (Entered: 10/01/2005)

3 CLERK'S NOTICE TO PLAINTIFF RE: Consent to Proceed before a

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10/20/2005 10/26/2005 11/01/2005 11/28/2005
11/28/2005 11/30/2005
12/21/2005 12/22/2005 12/23/2005 01/13/2006 01/13/2006 01/13/2006 01/17/2006

U.S. Magistrate Judge. Form due by OCT. 18, 2005. (klh, COURT STAFF) (Filed on 10/4/2005) (Entered: 10/04/2005)
4 CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer re: #1 Complaint. (gba, COURT STAFF) (Filed on 10/20/2005) (Entered: 10/20/2005)
5 CLERK'S SECOND NOTICE TO PLAINTIFF RE: Consent to Proceed before a U.S. Magistrate Judge. Form due by NOV. 9, 2005. (klh, COURT STAFF) (Filed on 10/26/2005) (Entered: 10/26/2005)
6 CONSENT to Proceed Before a US Magistrate Judge by Equal Employment Opportunity Commission.. (Hill Maxion, Sanya) (Filed on 11/1/2005) (Entered: 11/01/2005)
7 ERRONEOUSLY FILED AS A STIPULATION Unopposed "Motion" to Extend Time to Respond to Complaint) by Equal Employment Opportunity Commission. (Hill Maxion, Sanya) (Filed on 11/28/2005) Modified on 11/30/2005 (klh, COURT STAFF). Modified on 11/30/2005 (klh, COURT STAFF). (Entered: 11/28/2005)
8 Proposed Order Granting Motion to Extend Time to Respond to Complaint by Equal Employment Opportunity Commission. (Hill Maxion, Sanya) (Filed on 11/28/2005) (Entered: 11/28/2005)
9 ORDER GRANTING [Docket No. 7] Unopposed Motion to Extend Time to Respond to Complaint filed by Equal Employment Opportunity Commission. Answer due by 12/27/5. Signed by Judge Joseph C. Spero on 11/30/2005. (klh, COURT STAFF) (Filed on 11/30/2005) (Entered: 11/30/2005)
10 AMENDED COMPLAINT (First) against all defendants. Filed byEqual Employment Opportunity Commission. (Hill Maxion, Sanya) (Filed on 12/21/2005) (Entered: 12/21/2005)
Summons Issued as to Ricoh Corporation. (gba, COURT STAFF) (Filed on 12/22/2005) (Entered: 12/23/2005)
Summons Issued as to Taylor Made Digital System, Inc.. (gba, COURT STAFF) (Filed on 12/23/2005) (Entered: 12/23/2005)
11 Declination to Proceed Before a U.S. Magistrate Judge by Taylor Made Digital System, Inc., Ricoh Corporation. (Sullivan, Mary) (Filed on 1/13/2006) (Entered: 01/13/2006)
12 ANSWER to Amended Complaint byTaylor Made Digital System, Inc., Ricoh Corporation. (Sullivan, Mary) (Filed on 1/13/2006) (Entered: 01/13/2006)
13 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klh, COURT STAFF) (Filed on 1/13/2006) (Entered: 01/13/2006)
14 ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Joseph C. Spero no longer

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01/25/2006 03/24/2006 03/31/2006
03/31/2006 04/18/2006 04/21/2006 05/04/2006 05/09/2006 05/15/2006 07/25/2006

assigned to case.Signed by Executive Committee on 1/17/06. (as, COURT STAFF) (Filed on 1/17/2006) (Entered: 01/17/2006)
15 CLERK'S NOTICE: Case Management Conference set for 3/31/2006 10:30 AM, before Judge Maxine M. Chesney, Courtroom 7, 19th Floor, 450 Golden Gate Avenue, San Francisco. Case Management Statement due by 3/24/2006. Attachments: # 1 Supplement Standing Order) (epb, COURT STAFF) (Filed on 1/25/2006) (Entered: 01/25/2006)
16 JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Taylor Made Digital System, Inc., Ricoh Corporation, Equal Employment Opportunity Commission. (Sullivan, Mary) (Filed on 3/24/2006) (Entered: 03/24/2006)
17 Minute Entry: Initial Case Management Conference held on 3/31/2006 before Maxine M. Chesney (Date Filed: 3/31/2006), Case referred to mediation.. Discovery due by 12/8/2006. Expert discovery due by 2/2/2007. Dispositive Motions due by 2/16/2007. Final Pretrial Conference set for 5/8/2007 03:00 PM. Jury Trial (10 days)set for 5/21/2007 09:00 AM in Courtroom 7, 19th Floor, San Francisco. Status Conference set for 2/9/2007 10:30 AM in Courtroom 7, 19th Floor, San Francisco, joint statement due by 2/2/2007. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 3/31/2006) (Entered: 03/31/2006)
18 PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 3/31/2006. (tl, COURT STAFF) (Filed on 3/31/2006) (Entered: 03/31/2006)
19 ADR Clerk's Notice Appointing Alan R. Berkowitz as Mediator. (cmf, COURT STAFF) (Filed on 4/18/2006) (Entered: 04/18/2006)
Mediator hopes to conduct the Pre MED phone conference before 5/5/2006. (cmf, COURT STAFF) (Filed on 4/21/2006) (Entered: 04/21/2006)
20 Proposed Order and Stipulation re Mediation Cutoff Date by Taylor Made Digital System, Inc., Ricoh Corporation. (Sullivan, Mary) (Filed on 5/4/2006) (Entered: 05/04/2006)
21 STIPULATION AND ORDER RE MEDIATION CUT-OFF DATE. The mediation cutoff date of June 30, 2006 is extended to July 31, 2006. Signed by Judge Maxine M. Chesney on May 9, 2006. (mmclc1, COURT STAFF) (Entered: 05/09/2006)
Set/Reset Hearings: Mediation Hearing set for 7/19/2006 at 10:00 AM at Bingham McCutchen in San Francisco, Three Embarcadero Center, 24th Floor. Written statements due by close of business on 7/14/2006. (cmf, COURT STAFF) (Filed on 5/15/2006) (Entered: 05/15/2006)
22 CERTIFICATION OF MEDIATION Session dated 7/20/2006 by Alan R. Berkowitz; Mediation session held 7/19/2006; Case did not settle; Phone discussions expected within next two weeks; mediation process

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10/17/2006 10/18/2006

continues. (cmf, COURT STAFF) (Filed on 7/25/2006) (Entered: 07/25/2006)
23 Proposed Order "Consent Decree" by Equal Employment Opportunity Commission. (Hill Maxion, Sanya) (Filed on 10/17/2006) (Entered: 10/17/2006)
24 CONSENT DECREE. Signed by Judge Maxine M. Chesney on October 18, 2006. (mmclc1, COURT STAFF) (Entered: 10/18/2006)

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