Case 1:05-cv-00970-DFH-WTL Document 1 Filed 06/29/2005 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

'. I
2005 JUN ? 9 Ptl 2: I 1

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

DAVIS HOMES, LLC

)

)

Defendant.

)

--------------------------------~)

CIVIL ACTION NO.
1 :!OS-cv-0970-DFH-WTL
COMPLAINT
JURY TRIAL DEMAND

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 retaliation, and to provide appropriate relief to Allesha Collins who was adversely affected by such practices. As alleged with greater particularity in paragraphs 7, 8, 9 and 10 below, the Commission alleges that Defendant retaliated against Collins in violation of Title VII and engaged in practices contrary to public policy as a result of Collins filing a charge with the EEOC.
JURISDICTION AND VENUE 1. Jurisdiction of this 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 of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.

Case 1:05-cv-00970-DFH-WTL Document 1 Filed 06/29/2005 Page 2 of 6
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District oflndiana, Indianapolis Division.
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)(l) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant, Davis Homes LLC ("Davis" or the "Employer"), has continuously been doing business in the State of Indiana and the City of Indianapolis, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Allesha Collins filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least April 2004, Defendant Employer has engaged in unlawful employment practices at its Indianapolis facility, in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a). Defendant Employer subjected Collins to retaliatory practices by requiring
2

Case 1:05-cv-00970-DFH-WTL Document 1 Filed 06/29/2005 Page 3 of 6

Collins to release her employment discrimination claims as a condition of receiving previously

earned commissions.

8.

Since at least April 2004, Defendant Employer has engaged in unlawful

employment practices at its Indianapolis facility, in violation of Section 704(a) of Title VII, 42

U.S.C. § 2000e-3(a). Defendant Employer subjected Collins to retaliatory practices by requiring

Collins to withdraw her EEOC charge as a condition of receiving previously earned

commIssIOns.

9.

Since at least April 2004, Defendant Employer has engaged in unlawful

employment practices at its Indianapolis facility, in violation of Section 704(a) of Title VII, 42

U.S.c. § 2000e-3(a). Defendant Employer subjected Collins to different terms and conditions for

receipt of previously earned commissions, in retaliation for filing a charge with the EEOC.

10. Since at least June 2004, Defendant Employer has engaged in employment

practices in violation of public policy at its Indianapolis facility, by restricting Collins from

disclosing accurate information to the EEOC as a condition of receiving previously earned

commIssIOns.

11. The effect of the practices complained of in paragraphs 7,8,9 and 10 above has

been to deprive Allesha Collins of equal employment opportunities and otherwise adversely

affect her status as an employee, because she filed a charge with the EEOC.

12. The unlawful employment practices complained of in paragraphs 7,8,9 and 10

above were intentional.

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Case 1:05-cv-00970-DFH-WTL Document 1 Filed 06/29/2005 Page 4 of 6
13. The unlawful employment practices complained of in paragraphs 7, 8, 9 and 10 above were done with malice or with reckless indifference to the federally protected rights of Ms. Collins.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against employees for having filed a charge with the Commission or otherwise invoking the protections of Title VII or assisting others in doing so. B. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from requiring employees to release their discrimination claims or withdraw EEOC charges in order to receive previously earned commissions. C. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in employment practices which violate public policy by restricting the free flow of information from employees or former employees to the EEOC. D. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals who have filed a charge with the Commission or who otherwise avail themselves of the protections of Title VII or assist
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Case 1:05-cv-00970-DFH-WTL Document 1 Filed 06/29/2005 Page 5 of 6
others in doing so, and which eradicate the effects of its past and present unlawful employment practices.
E. Order Defendant Employer to make whole Allesha Collins by providing her with previously earned commissions plus prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
F. Order Defendant Employer to make whole Allesha Collins, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7, 8, 9 and 10 above, in amounts to be determined at trial.
G. Order Defendant Employer to make whole Allesha Collins by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 8 above, including emotional pain, suffering, and inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
H. Order Defendant Employer to pay Allesha Collins punitive damages for its malicious and reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
I. Grant such further relief as the Court deems necessary and proper in the public interest.
J. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
S

Case 1:05-cv-00970-DFH-WTL Document 1 Filed 06/29/2005 Page 6 of 6

Respectfully Submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

MICHELL

, #12070-49

Supervisory Trial Attorney

~,D~~
NANCY DEAN EDMONDS Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office 101 W. Ohio St., Suite 1900 Indianapolis, IN 46204-4203 Phone: (317) 226-7229 Fax: (317) 226-5571 E-mail: Nancy.Edmonds@eeoc.gov

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 Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 1 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and ALLESHA COLLINS,
Intervenor Plaintiff, v.
DAVIS HOMES, LLC,
Defendant.

) ) ) ) ) ) ) ) ) CAUSE NO: 1:05-cv-0970 DHF-WTL ) ) ) )

INTERVENOR PLAINTIFF’S FIRST AMENDED COMPLAINT AND DEMAND FOR TRIAL BY JURY

I. Introduction.

1. Intervenor Plaintiff, Allesha Collins (hereinafter “Collins”) intervenes as a Party

Plaintiff in the unlawful retaliation claim brought by Plaintiff Equal Employment Opportunity

Commission (“EEOC”) against her former employer Defendant Davis Homes, LLC

(“Defendant”). Collins also asserts claims of race discrimination in employment against

Defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as

amended (“Title VII”), and §1981 of the Civil Rights Act of 1866 (“Section 1981"). Collins also

asserts a claim for unpaid commission, liquidated damages and attorney fees against Defendant

under the wage claim statutes Indiana Code §§22-2-9-2 and 22-2-5-2.

II. Parties.

2. Collins, at all times relevant to this action, resided within the geographical

boundaries for the Southern District of Indiana.

3. Defendant, at all times relevant, an Indiana corporation that has continuously done

business within the geographical boundaries for the Southern District of Indiana.

Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 2 of 8
III. Jurisdiction and Venue. 4. Collins satisfied her obligation to exhaust administrative remedies in pursuit of claims of race discrimination in violation of Title VII, having timely filed a charge of discrimination (EEOC Charge No. 240-2004-04842) with the United States Equal Employment Opportunity Commission alleging race discrimination in her employment. Having received the appropriate Dismissal and Notice of Rights, Collins filed her original complaint within ninety (90) days of her receipt thereof. 5. Collins’ state law claim arises from the same common nucleus of operative facts. and are so related to her federal law claims that they form a single case and controversy under Article III of the United States Constitution. Pursuant to IC §22-2-9-4(b) Collins has the appropriate statutory authorization to pursue her wage claims in a private action having received the appropriate referral from the Indiana Department of Labor and Attorney General dated July 7, 2005. [See Exhibit “A” attached hereto.] 6. Defendant is an “employer” as that term is defined by 42 U.S.C. §2000-e(b). 7. Collins, at all times relevant to this action, was an “employee” as that term is defined by 42 U.S.C. §2000-e(f). 8. Jurisdiction is conferred on this Court by 28 U.S.C. § 1331, 28 U.S.C. §1343, 28 U.S.C. §1367, 42 U.S.C. §1981 and 42 U.S.C. §2000e-5. 9. All events, transactions and occurrences concerning this action having arisen within the geographical environs of the Southern District of Indiana, venue is proper in the Court pursuant to 28 U.S.C. §1391.
IV. Factual Allegations. 10. Collins is an African-American female, who commenced her employment with
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Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 3 of 8
Defendant in or about November, 2002 as a Commissioned Sales Representative. 11. At all times relevant, Collins met or exceeded Defendant’s legitimate expectations
of performance. 12. Notwithstanding her performance, Collins was summarily terminated on or about
March 29, 2004. Defendant had no basis for terminating Collins’ employment and provided her with no reason for the decision. As such, Defendant’s proffered reasons for its termination of Collins are a pretext for unlawful discrimination in violation of Title VII and Section 1981.
13. Similarly-situated employees who are not African-American were not subjected to similar treatment.
14. Subsequent to her termination, Defendant failed to promptly pay Collins outstanding and earned commissions that were due and owing. Defendant does not similarly delay or deny payment of such commissions to non-African-Americans.
15. Defendant refused to promptly pay Collins her outstanding and earned commissions that were due and owing in retaliation for Collins having previously complained of race discrimination. Similarly situated employees who have not engaged in such previous protected activity are not subjected to this same adverse treatment.
16. Defendant’s failure to pay Collins her earned and outstanding commissions subsequent to the termination of her employment is a violation of the Indiana Wage Claim Statute.
V. Legal Allegations. COUNT 1: Violations of Title VII (Race Discrimination) 17. Collins hereby incorporate by reference the allegations outlined in paragraphs one (1) through sixteen (16) of this Complaint, as if the same were set forth at length herein.
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Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 4 of 8
18. Defendant denied Collins the same privileges, terms, and conditions of the employment relationship as those afforded to similarly-situated non-African American individuals when it summarily terminated her employment for no reason. Any subsequent reasons advanced by Defendant for taking this action against Collins are a pretext for unlawful race discrimination.
19. Defendant’s unlawful action toward Collins was intentional and was done with reckless indifference to the federally protected rights of Collins in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq..
20. Collins has suffered harm and injury resulting from Defendant’s unlawful actions. COUNT 2: Violations of 42 U.S.C. §1981 (Race Discrimination)
21. Collins hereby incorporates by reference the allegations outlined in paragraphs one (1) through twenty (20) of this Complaint, as if the same were set forth at length herein.
22. Collins’ employment relationship with Defendant was contractual in nature. 23. Defendant denied Collins the same privileges, terms, and conditions of the employment relationship as those afforded to similarly-situated non-African American individuals when it summarily terminated her employment for no reason. Any subsequent reasons advanced by Defendant for taking this action against Collins are a pretext for unlawful race discrimination. 24. Defendant’s actions were willful, intentional and were taken with reckless indifference for Collins’ civil rights and in violation of the Civil Rights Act of 1866, 42 U.S.C. §1981. 25. Collins has suffered harm and injury resulting from Defendant’s unlawful actions.
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Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 5 of 8
COUNT 3: Violation of 42 U.S.C. §1981 (Race Discrimination) 26. Collins hereby incorporates by reference the allegations outlined in paragraphs one (1) through twenty-five (25) of this Complaint, as if the same were set forth at length herein. 27. Collins’ employment relationship with Defendant was contractual in nature. 28. Defendant denied Collins the same privileges, terms, and conditions of the employment relationship as those afforded to similarly-situated non-African American individuals when it refused to pay her earned commissions subsequent to her discharge of her employment. 29. Defendant’s actions were willful, intentional and were taken with reckless indifference for Collins’ civil rights and in violation of the Civil Rights Act of 1866, 42 U.S.C. §1981. 30. Collins has suffered harm and injury resulting from Defendant’s unlawful actions.
COUNT 4: Violation of 42 U.S.C. §1981 (Retaliation) 31. Collins hereby incorporates by reference the allegations outlined in paragraphs one (1) through thirty (30) of this Complaint, as if the same were set forth at length herein. 32. Collins’ employment relationship with Defendant was contractual in nature. 33. Defendant denied Collins the same privileges, terms, and conditions of the employment relationship as those afforded to similarly-situated non-African American individuals when it refused to pay her earned commissions subsequent to her discharge of her employment. 34. Defendant’s actions were willful, intentional and were taken with reckless indifference for Collins’ civil rights and in violation of the Civil Rights Act of 1866, 42 U.S.C. §1981.
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Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 6 of 8
35. Collins has suffered harm and injury resulting from Defendant’s unlawful actions. COUNT 5: Violation of the Indiana Wage Claim Statute
36. Collins hereby incorporates by reference the allegations outlined in paragraphs one (1) through thirty-five (35) of this Complaint, as if the same were set forth at length herein.
37. Subsequent to her discharge of employment Defendant has failed to pay the earned and outstanding commissions owed to Collins.
38. Defendant’s failure to pay the amount due and owing to Collins is in violation of the Indiana Wage Claim Statute, I.C. §22-2-9-2.
39. As a result of Defendant’s unlawful actions, Collins has suffered harm and injury. VI. Requested Relief.
WHEREFORE, Intervenor Plaintiff, Allesha Collins, by counsel, respectfully requests that this Court enter judgment in her favor and award the following relief:
1. Enjoin Defendant from further discrimination based on race. 2. Order Defendant to pay to Collins the wages, benefits, compensation, and all monetary loss suffered as a result of Defendant’s unlawful acts, in an amount that will make her whole; 3. Order Defendant to reinstate Collins or award her front pay in lieu thereof; 4. Order Defendant to pay to Collins compensatory and punitive damages; 5. Order Defendant to pay to Collins liquidated damages and attorney fees for Defendant’s intentional violation of the Indiana Wage Claim Statute, IC 22-2-5-2; 6. Order Defendant to pay to Collins pre- and post-judgment interest on all sums recoverable; 7. Order Defendant to pay Collins’ reasonable attorney’s fees and costs incurred
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Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 7 of 8
as a result of litigating this matter; 7. Order any and all other just relief appropriate under the circumstances. Respectfully submitted, /s/ Denise K. LaRue Denise K. LaRue (#14877-49)
/s/ Jeffrey B. Halbert Jeffrey B. Halbert (#22727-49) Attorneys for Plaintiff, Allesha Collins HASKIN LAUTER LARUE & GIBBONS 255 North Alabama Street Indianapolis, Indiana 46204 Telephone: (317) 955-9500 Facsimile: (317) 955-2570 Email: dlarue@hlllaw.com jhalbert@hlllaw.com DEMAND FOR TRIAL BY JURY Comes now the Intervenor Plaintiff, Allesha Collins, by counsel, and request a trial by jury on all issues so triable.
Respectfully submitted,
/s/ Denise K. LaRue Denise K. LaRue (#14877-49) Jeffrey B. Halbert (#22727-49) HASKIN LAUTER LARUE & GIBBONS CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing document was electronically filed August 26, 2005 as an attachment to Collins’ Motion for Leave to File
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Case 1:05-cv-00970-DFH-WTL Document 213-21 Filed 08/2361/2005 Page 8 of 8
her First Amended Complaint and Demand for Trial by Jury. Parties may access this filing through the Court’s electronic filing system. Notice of this filing will be sent to the following counsel of record by operation of the Court’s system: Stephen W. Lyman Jonathan C. Bumgarner Craig M. Willaims
HALL, RENDER, KILLIAN, HEATH, & LYMAN,P.C.
slyman@HallRender.com cwilliams@HallRender.com Jbumgarn@HallRender.com Laurie A. Young Nancy Dean Edmonds EQUAL EMPLOYMENT OPPORTUNITY COMMISSION legal.station@eeoc.gov nancy.edmonds@eeoc.gov
/s/ Denise K. LaRue Denise K. LaRue (#14877-49)
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Case 1:05-cv-00970-DFH-WTL Document 21-3 Filed 08/26/2005 Page 1 of 1

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and ALLESHA COLLINS,

)

)

Intervenor Plaintiff,

)

)

v.

)

)

DAVIS HOMES, LLC,

)

)

Defendant.

)

1:05-cv-0970-DFH-WTL

ENTRY ON PLAINTIFFS’ MOTION TO QUASH, FOR PROTECTIVE ORDER AND FOR EXPEDITED REVIEW OF THIRD PARTY REQUESTS AND SUBPOENAS ISSUED BY DEFENDANT

This Matter is before the Court on Plaintiffs’ Motion to Quash, for Protective Order and

for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant. The Motion

is fully briefed and the parties, by counsel, appeared for a status conference on February 22,

2006, to discuss Plaintiffs’ Motion. The Court, now being duly advised, finds as follows:

1. Plaintiff’s Motion to Quash and for Protective Order in regards to the Non-Party

Request for Production and Accompanying Third Party Subpoena to Wal-Mart

Supercenter is GRANTED IN PART. Plaintiffs shall produce to Defendant

within fifteen (15) days from the date of this Entry Allesha Collins’ 2005 W2

Form. Also, Plaintiff shall produce to Defendant within fifteen (15) days from the

date of this Entry Allesha Collins’ most recent pay stub. Further, counsel for

Plaintiffs is instructed to get Allesha Collins’ job application, if any such job

application exists, from Wal-Mart Supercenter and submit this job application to

the Court for an in camera review within fifteen (15) days from the date of this Entry. 2. Plaintiffs’ Motion to Quash and for Protective Order in regards to the Non-Party Request for Production and Accompanying Third Party Subpoena to Union Federal Bank is GRANTED. 3. Plaintiffs’ Motion to Quash and for Protective Order in regards to the Non-Party Request for Production and Accompanying Third Party Subpoena to Teachers Credit Union is also GRANTED. However, Plaintiffs shall disclose to Defendant the amount of any and all gifts of money that Allesha Collins testified to in her deposition. This disclosure shall also be made within fifteen (15) days from the date of this Entry. Defendant is instructed to immediately return to Plaintiffs’ Counsel all information it may have received as a result of the Non-Party Requests and Subpoenas served on the above entities. Further, Defendant is instructed to notify each of the above entities that they need not respond to the Requests and Subpoenas. ENTERED this 23rd day of February, 2006.

Distribution:

___________________________________ William T. Lawrence United States Magistrate Judge S_o_u_th_e_r_n__D_i_st_r_ic_t_o_f__In_d_i_a_n_a_________
Hon. William T. Lawrence, Magistrate Judge United States District Court Southern District of Indiana
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Jonathan C. Bumgarner HALL RENDER KILLIAN HEATH & LYMAN jbumgarner@hallrender.com Nancy Dean Edmonds EEOC nancy.edmonds@eeoc.gov Denise K. LaRue HASKIN LAUTER LARUE & GIBBONS dlarue@hlllaw.com Stephen W. Lyman HALL RENDER KILLIAN HEATH & LYMAN slyman@hallrender.com Craig M. Williams HALL RENDER KILLIAN HEATH & LYMAN cwilliams@HallRender.com Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION legal.station@eeoc.gov
3

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and ALLESHA COLLINS,
Plaintiff Intervenor, v. DAVIS HOMES, LLC
Defendant.

)

)

)

)

)

)

CIVIL ACTION NO.

)

)

1:05-cv-0970-DFH-WTL

)

)

)

)

)

)

)

CONSENT DECREE

Civil Action No. 1:05-CV-0970-DFH-WTL was instituted by the Equal Employment Opportunity Commission (“EEOC” or “Commission”) under the authority granted to it under Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 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. The Commission’s action was brought to correct alleged unlawful employment practices on the basis of retaliation. Plaintiff Intervenor (“Collins”) intervened, alleging unlawful race discrimination in employment against Defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as amended (“Title VII”), and §1981 of the Civil Rights Act of 1866 (“Section
1981"). Collins also asserts a claim for unpaid commission, liquidated damages and attorney fees
against Defendant under the wage claim statutes Indiana Code §§22-2-9-2 and 22-2-5-2. Davis

denies these allegations and this Consent Decree does not constitute any admission by Davis Homes that any action that Davis took with respect to Collins was wrongful, unlawful, or in violation of any local, state, or federal law, rule, regulation, or constitution.
The Commission, Collins and the Defendant, Davis Homes, LLC (“Davis”), hereby stipulate to the jurisdiction of the Court over the parties and the subject matter of this action.
The Commission, Collins and Davis have advised this Court that they desire to resolve Civil Action No. 1:05-CV-0970-DFH-WTL without the burden and expense of further litigation.
It is, therefore, the finding of this Court, based on the pleadings and the record as a whole that the applicable requirements of Title VII will be carried out by the implementation of this Decree, and this Decree resolves the issues raised by the Complaints of the Commission and Collins.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant agrees that it will not discriminate against employees on the basis of race. 2. Defendant agrees that there will be no discrimination or retaliation of any kind against any person because of opposition to any practice made unlawful under Title VII, or because of the filing of a charge, the giving of testimony, assistance, or participation in any manner in an investigation, proceeding or hearing under Title VII. 3. Defendant agrees that terminated employees will not be required to waive their right to file a charge of discrimination, in order to receive pipeline commissions. 4. Defendant agrees to post the Notice of Non-Discrimination Policy attached as Appendix A to this Decree in a conspicuous place at its offices. Said notice shall remain posted
2

throughout the term of this Decree. 5. Defendant agrees to pay Allesha Collins, or her heirs and assigns in the event of
her death, the total sum of thirty nine thousand three hundred seventy five dollars ($39,375.00), as follows: (1) a check (and W-2) to Allesha Collins in the amount of $14,125.31, less applicable federal, state, and local withholding taxes, in full settlement of Allesha Collins’ claim for lost wages (Defendant shall not deduct from this amount the employer’s share of any costs, taxes or social security required by law to be paid by the Defendant); (2) a check (and form1099, when available) in the amount of $9,499.69 to Allesha Collins, in full settlement of Allesha Collins’ claim for compensatory, punitive and/or liquidated damages; and (3) a check (and form 1099 to Collins and LaRue, when available) in the amount of $15,750 to Denise LaRue, in full settlement of Allesha Collins’ claim for attorneys fees and expenses. Upon entry of this Decree, the EEOC or counsel for Allesha Collins will forward a release (Appendix B) to Ms. Collins for her execution. When the executed release is received, the EEOC or counsel for Collins will transmit to defense counsel, by facsimile, a copy thereof. Defendant agrees to issue the above referenced checks to counsel for Collins within five business days of both entry of the Consent Decree and receipt of the executed release. Proof of delivery shall be sent to the Commission within 15 days of exchange said checks. Upon receipt of proof of delivery, the EEOC or counsel for Collins shall forward the original release to counsel for Davis.
6. Within thirty (30) days of the date of entry of this Decree, the Defendant agrees to provide Allesha Collins with a signed letter of reference, attached as Appendix C to this Decree.
7. Within thirty (30) days of the date of entry of this Decree, the Defendant agrees to implement or to have implemented an anti-retaliation policy. The Defendant agrees that the
3

policy will or has been included in an employees’ manual or other printed memorandum which will or have been distributed to each employee. The Defendant agrees that the anti-retaliation policy will be explained to each employee at the time he or she receives the written copy of the policy. Employees subsequently hired shall have the policy explained to them at the time of hire.
8. Defendant agrees to submit reports to EEOC detailing their compliance with this Decree. Within sixty (60) days of the date of this Decree, Defendant will certify to the EEOC Regional Attorney that the distribution and explanation of the anti-retaliation policy to employees has been completed and provide EEOC with a copy of the personnel manual or memoranda containing the policy prohibiting retaliation. Defendant will also report to the EEOC in accordance with paragraph 5. Reports shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204.
9. The Defendant agrees that the Commission may review compliance with this Decree. As part of such review, the EEOC may inspect the premises, interview employees, examine and copy documents.
10. In the event that EEOC alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, EEOC will give notice in writing thereof, specifically identifying the alleged violation to Defendant. The Defendant will have thirty (30) days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before Plaintiff exercises any remedy provided by law.
11. The term of this Decree shall be for three (3) years following the date of the entry
4

of this Decree. 12. All parties will bear their own costs. 13. RETENTION OF JURISDICTION BY COURT The Court shall retain
jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

___3_/_2_4_/_2_0_0_6_____________ Date

___________________________________ Judge,DUA.SV. IDDisFtr.icHt CAoMurItLTON, JUDGE
United States District Court Southern District of Indiana

Copies to:
Nancy Dean Edmonds Equal Employment Opportunity Commission 101 W. Ohio Street, Suite 1900 Indianapolis, IN 46204
Denise K. LaRue Jeffrey B. Halbert Haskin Lauter LaRue & Gibbons 255 N. Alabama St. Indianapolis, IN 46204
Stephen W. Lyman Craig M. Williams Jonathan C. Bumgarner
HALL, RENDER, KILLIAN, HEATH, & LYMAN,P.C.
One American Square Box 82064 Suite 2000 Indianapolis, Indiana 46282
5

6

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office
101 West Ohio Street Suite 1900
Indianapolis IN 46204-4203 PH: (317) 226-7212
TDD: (317) 226-5162 FAX: (317) 226-7953
EMPLOYEE NOTICE NOTICE TO ALL EMPLOYEES OF
DAVIS HOMES, LLC 1. Federal law requires that there be no discrimination against any employee because of the
employee's race, color, religion, sex, national origin, age (over 40) or disability. 2. The Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating against
employees because they have exercised their rights, reported an alleged violation under the law or have given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U.S. Equal Employment Opportunity Commission. 3. Davis supports and will comply with such Federal law in all respects and will not take any actions against employees because they have exercised their Title VII rights. 4. An employee may contact the U.S. Equal Employment Opportunity Commission at the address listed above for the purpose of filing a charge of employment discrimination. THIS IS AN OFFICIAL NOTICE AND SHALL NOT BE DEFACED BY ANYONE This notice must remain posted for thirty six (36) months from the date of posting and may not be altered, defaced or covered by any other material.
APPENDIX A

RELEASE

In consideration of the payment to me by Davis Homes, LLC (“Davis”) of $_________, and

in consideration of the Consent Decree agreed to by the Equal Employment Opportunity

Commission, myself and Davis in Civil Action 1:05-CV-0970-DFH-WTL entered by the Court on

the _________ day of ________________, 2006, of which this Release is a part, I, Allesha Collins,

hereby fully and forever release and discharge Davis, its successors and assigns, including its present

and former directors, officers, employees and agents, from any claim or obligation based on alleged

discrimination in violation of Title VII, which was or could have been raised in Civil Action No.

1:05-CV-0970-DFH-WTL.

I have read this Release and I execute it voluntarily, without coercion or threat of reprisal.

IN WITNESS WHEREOF, this Release is signed and executed by me on the _______ day of

__________________, 2006.

___________________________

County of )

)SS

State of

)

Subscribed and sworn to before me this ________ day of _________________, 2006.
____________________________ Notary Public
My Commission Expires:_______________________________
County and State of Residence:_______________________

APPENDIX B

To Whom it May Concern: Allesha Collins was employed by Davis Homes, LLC from December 9, 2002 until March
29, 2004 and held the position of Sales Manager/Consultant. During her employment Ms. Collins was recognized for her performance as follows:
Twice nominated for Davis Homes "Allstars"; Bonus Award Winner, December 2003; Spec Home Contest Award Winner, January 2004; 2003 Top 10 Net Sales Volume Award Certificate, January 2004; 2003 Million Dollar Sales Person Award Certificate, January 2004.
Very Truly Yours _____________________ Jean A. Hawkins Human Resources and Benefits Coordinator Davis Homes, LLC
APPENDIX C
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CLOSED, CMP
U.S. District Court Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:05-cv-00970-DFH-WTL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION et al v. DAVIS HOMES, LLC Assigned to: Judge David Frank Hamilton Referred to: Magistrate Judge William T. Lawrence Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/29/2005 Date Terminated: 03/24/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7202 Fax: (317)226-7203 Email: legal.station@eeoc.gov ATTORNEY TO BE NOTICED

Nancy Dean Edmonds EEOC 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7229 Fax: (317)226-5571 Email: nancy.edmonds@eeoc.gov ATTORNEY TO BE NOTICED

Intervenor Plaintiff ALLESHA COLLINS

represented by Denise K. LaRue HASKIN LAUTER LARUE & GIBBONS 255 North Alabama Indianapolis, IN 46204 (317)955-9500 Fax: (317)955-2570 Email: dlarue@hlllaw.com ATTORNEY TO BE NOTICED

V. Defendant

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DAVIS HOMES, LLC

represented by Craig M. Williams HALL RENDER KILLIAN HEATH & LYMAN One American Square Suite 2000 Indianapolis, IN 46282 (317)633-4884 Fax: (317)633-4878 Email: cwilliams@HallRender.com ATTORNEY TO BE NOTICED
Jonathan C. Bumgarner HALL RENDER KILLIAN HEATH & LYMAN One American Square Suite 2000 Indianapolis, IN 46282 (317) 977-1474 Fax: (317) 633-4888 Email: jbumgarner@hallrender.com ATTORNEY TO BE NOTICED
Stephen W. Lyman HALL RENDER KILLIAN HEATH & LYMAN One American Square Suite 2000 Indianapolis, IN 46282 (317)977-1422 Fax: (317)633-4888 Email: slyman@hallrender.com ATTORNEY TO BE NOTICED

Date Filed 06/29/2005
06/29/2005 06/29/2005 06/29/2005 07/06/2005

#

Docket Text

1 COMPLAINT against DAVIS HOMES, LLC with Jury Demand, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(DH, ) (Entered: 06/29/2005)
2 CIVIL COVER SHEET filed by Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (DH, ) (Entered: 06/29/2005)
3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction. (DH, ) (Entered: 06/29/2005)
4 Summons Issued as to C. Richard Davis, Registered Agent for DAVIS HOMES, LLC. (DH, ) (Entered: 06/29/2005)
5 MOTION for Leave to Intervene, filed by petitioner Allesha Collins, by counsel. (Attachments: # 1 Text of Proposed Order)(LSC, ) (Entered: 07/06/2005)

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07/06/2005 07/07/2005 07/07/2005 07/07/2005 07/12/2005 07/12/2005 07/12/2005 07/12/2005 07/14/2005
08/11/2005
08/18/2005
08/19/2005 08/19/2005 08/19/2005 08/26/2005
08/26/2005

6 Submission of Intervening Pltf's Rule 8 Pleading as Required Under Rule 24(c), filed by petitioner Allesha Collins by counsel. (LSC, ) (Entered: 07/06/2005)
7 ORDER granting petitioner Allesha Collins' 5 Motion to Intervene . Signed by Judge David Frank Hamilton on 7/7/2005. (LSC, ) (Entered: 07/07/2005)
8 NOTICE of Appearance by Jeffrey B. Halbert on behalf of ALLESHA COLLINS (Halbert, Jeffrey) (Entered: 07/07/2005)
9 NOTICE of Appearance by Denise K. LaRue on behalf of ALLESHA COLLINS (LaRue, Denise) (Entered: 07/07/2005)
10 NOTICE of Appearance by Stephen W. Lyman on behalf of DAVIS HOMES, LLC (Lyman, Stephen) (Entered: 07/12/2005)
11 NOTICE of Appearance by Jonathan C. Bumgarner on behalf of DAVIS HOMES, LLC (Bumgarner, Jonathan) (Entered: 07/12/2005)
12 CORPORATE DISCLOSURE STATEMENT and Business Entity Disclosure Statement by DAVIS HOMES, LLC. (Lyman, Stephen) (Entered: 07/12/2005)
13 NOTICE of Parties' First Extension of Time by DAVIS HOMES, LLC (Lyman, Stephen) (Entered: 07/12/2005)
14 SCHEDULING ORDER: Initial Pretrial Conference set for 9/27/2005 08:30 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 07/14/2005. c/m WTL (TMA, ) (Entered: 07/14/2005)
15 RETURN of Service by CMRRR by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. DAVIS HOMES, LLC served on 6/30/2005. (LSC, ) (Entered: 08/11/2005)
16 *** PLEASE DISREGARD - INCORRECT DOCUMENT ATTACHED (See corrected entry 17) *** NOTICE of Appearance by Craig M. Williams on behalf of DAVIS HOMES, LLC (Williams, Craig) Modified on 8/19/2005 (Carpentier, Wendy). (Entered: 08/18/2005)
17 NOTICE of Appearance by Craig M. Williams on behalf of DAVIS HOMES, LLC (Williams, Craig) (Entered: 08/19/2005)
18 ANSWER to Complaint and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 08/19/2005)
19 ANSWER to Complaint of Intervenor Plaintiff and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 08/19/2005)
20 First MOTION to Strike Certain of Defendant's Affirmative Defenses by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 08/26/2005)
21 First MOTION for Leave to File Amended Complaint and Demand for Trial by Jury by ALLESHA COLLINS. (Attachments: # 1 Supplement First Amended Complaint# 2 Exhibit Exhibit "A" to Amended Complaint# 3 Text of Proposed Order)(LaRue, Denise) (Entered: 08/26/2005)

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08/31/2005 08/31/2005 09/01/2005 09/02/2005 09/14/2005 09/16/2005 09/20/2005 09/27/2005
09/27/2005 10/04/2005 11/11/2005 11/22/2005 11/28/2005

22 ORDER granting 21 Intervenor Plaintiff, Allesha Collins' Motion for Leave to File amended complaint. Signed by Judge William T. Lawrence on 08/31/2005. c/m WTL (TMA, ) (Entered: 09/01/2005)
23 FIRST AMENDED COMPLAINT against DAVIS HOMES, LLC, filed by ALLESHA COLLINS. (Attachments: # 1 Exhibit A)(TMA, ) (Entered: 09/01/2005)
24 First MOTION to Withdraw 20 First MOTION to Strike Certain of Defendant's Affirmative Defenses by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 09/01/2005)
25 ORDER granting 24 Motion to Withdraw motion to strike, and withdrawing 20 First MOTION to Strike Certain of Defendant's Affirmative Defenses. Signed by Judge William T. Lawrence on 09/02/2005. c/m WTL (TMA, ) (Entered: 09/02/2005)
26 Defendant's ANSWER to Amended Complaint (of Intervenor Plaintiff) and Affirmative Defenses by DAVIS HOMES, LLC.(Lyman, Stephen) (Entered: 09/14/2005)
27 CASE MANAGEMENT PLAN TENDERED by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Supplement)(Edmonds, Nancy) (Entered: 09/16/2005)
28 NOTICE of Parties First Extension of Time to 10/26/2005 to Respond to Discovery, filed by DAVIS HOMES, LLC. (Williams, Craig) Modified on 9/21/2005 (LSC, ). (Entered: 09/20/2005)
29 ENTRY - Parties appear by counsel for initial pretrial conference. Conference held and concluded without further order. SCHEDULING ORDER: Telephonic Status Conference set for 12/21/2005 01:00 PM before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 09/27/2005. c/m WTL (TMA, ) (Entered: 09/27/2005)
30 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. SCHEDULING ORDER: Dispositive Motions due by 5/29/2006. Signed by Judge William T. Lawrence on 09/27/2005. c/m WTL (TMA, ) (Entered: 09/27/2005)
31 SCHEDULING ORDER: Final Pretrial Conference set for 12/29/2006 at 11:00 AM in room #330. Jury Trial set for 1/8/2007 at 09:00 AM in room #344; both before Judge David Frank Hamilton. Signed by Judge David Frank Hamilton on 10/4/2005. (LSC, ) (Entered: 10/04/2005)
32 NOTICE of Parties' First Extension of Time to 12/15/2005 to respond to deft's discovery requests, filed by ALLESHA COLLINS (Halbert, Jeffrey) Modified on 11/14/2005 (LSC, ). (Entered: 11/11/2005)
33 Exhibit List Joint Preliminary by all plaintiffs., Witness List Joint Preliminary by all plaintiffs. (Halbert, Jeffrey) (Entered: 11/22/2005)
34 MOTION for Leave to File an Amended Answer by DAVIS HOMES, LLC. (Attachments: # 1 Amended Answer and Affirmative Defenses to Intervenor Plaintiff's First Amended Complaint and Demand for Trial by Jury)(Williams,

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11/29/2005 11/29/2005 11/29/2005 12/21/2005
12/22/2005 12/22/2005 01/11/2006 01/12/2006 01/23/2006
01/23/2006 01/24/2006
02/01/2006 02/01/2006

Craig) (Entered: 11/28/2005)
35 Submission of proposed Order on Defendant's Motion for Leave to File an Amended Answer by DAVIS HOMES, LLC. (Williams, Craig) (Entered: 11/29/2005)
36 ORDER granting 34 Defendant's Motion for Leave to File an amended answer. Signed by Judge William T. Lawrence on 11/29/2005. c/m WTL (TMA, ) (Entered: 11/30/2005)
37 AMENDED ANSWER to 23 First Amended Complaint by DAVIS HOMES, LLC. (TMA, ) (Entered: 11/30/2005)
38 ENTRY - Parties appear by counsel for status conference. Conference held andconcluded without further order. SCHEDULING ORDER: Status Conference set for 2/1/2006 09:00 AM in Telephonic before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 12/21/2005. c/m WTL (TMA, ) (Entered: 12/21/2005)
39 Witness List Defendant's Preliminary Witness List by DAVIS HOMES, LLC. (Williams, Craig) (Entered: 12/22/2005)
40 Exhibit List Defendant's Preliminary Exhibit List by DAVIS HOMES, LLC.. (Williams, Craig) (Entered: 12/22/2005)
41 MOTION to Withdraw as Attorney Jeffrey B. Halbert by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(Halbert, Jeffrey) (Entered: 01/11/2006)
42 ORDER granting 41 Motion to Withdraw appearance of Jeffrey B. Halbert as attorney on behalf of plaintiff. Signed by Judge William T. Lawrence on 01/12/2006. c/m WTL (TMA, ) (Entered: 01/12/2006)
43 MOTION to Quash For Protective Order and Expedited Review by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order Final Order# 2 Text of Proposed Order Emergency Order# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5)(Edmonds, Nancy) (Entered: 01/23/2006)
44 ENTRY sets forth briefing schedule for Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests andSubpoenae Issued by Defendant. Signed by Judge William T. Lawrence on 01/23/2006. c/m WTL (TMA, ) (Entered: 01/23/2006)
45 Re-Submission of Exhibits 1-5 re 43 MOTION to Quash For Protective Order and Expedited Review (Exhibits blank on prior submission), filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit 2# 2 Exhibit 3# 3 Exhibit 4# 4 Exhibit 5)(Edmonds, Nancy) Modified on 1/25/2006 (LSC, ). (Entered: 01/24/2006)
46 Submission of Proposed ORDER by ALLESHA COLLINS (LaRue, Denise) Modified on 2/2/2006 (LSC, ). (Entered: 02/01/2006)
47 ENTRY - Parties appear by counsel for status conference. Conference held andconcluded without further order. SCHEDULING ORDER: Settlement

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02/02/2006
02/02/2006
02/07/2006 02/23/2006 03/10/2006
03/13/2006 03/23/2006 03/23/2006 03/24/2006 03/24/2006

Conference set for 3/9/2006 09:00 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 02/01/2006. (TMA, ) (Entered: 02/01/2006)
48 ORDER - During a telephonic status conference held before the Court on this day, Plaintiffs motioned the Court for a stay of response concerning the non-party subpoenae. The Court has considered the motion for stay of response and finds that it is made for good cause. Accordingly, the Court GRANTS the motion. Signed by Judge William T. Lawrence on 02/02/2006. c/m WTL (TMA, ) (Entered: 02/02/2006)
49 RESPONSE in Opposition re 43 MOTION to Quash For Protective Order and Expedited Review Defendant's Response to Plaintiff's Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant filed by DAVIS HOMES, LLC. (Attachments: # 1 Exhibit Application for Employment# 2 Exhibit Termination Letter# 3 Exhibit Collins deposition# 4 Exhibit Timesheets# 5 Exhibit Answer to Interrogatory)(Williams, Craig) (Entered: 02/02/2006)
50 REPLY in support of Motion re 43 MOTION to Quash For Protective Order and Expedited Review filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Edmonds, Nancy) (Entered: 02/07/2006)
51 ORDER granting in part 43 Plaintiffs' Motion to Quash, for Protective Order and for Expedited Review of Third Party Requests and Subpoenas Issued by Defendant. Signed by Judge William T. Lawrence on 02/23/2006. c/m WTL (TMA, ) (Entered: 02/23/2006)
52 ENTRY - Parties appear in person and by counsel for settlement conference on 3/9/06. Conference held and concluded. The Court has been advised that a settlement has been reached. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates, if any, are VACATED.IT IS ORDERED that within 30 days of this date, counsel for the plaintiffshall file a motion to dismiss or a stipulation of dismissal. Signed by Judge William T. Lawrence on 03/10/2006. (TMA, ) (Entered: 03/10/2006)
53 ENTRY ON PLAINTIFF INTERVENOR'S SUBMISSION OF WAL-MART EMPLOYMENT APPLICATION FOR IN CAMERA REVIEW. Signed by Judge William T. Lawrence on 03/13/2006. c/m WTL (TMA, ) (Entered: 03/13/2006)
54 Joint MOTION to Dismiss by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order)(LaRue, Denise) (Entered: 03/23/2006)
55 Joint MOTION for Entry of Consent Decree by ALLESHA COLLINS. (Attachments: # 1 Text of Proposed Order Consent Decree)(LaRue, Denise) (Entered: 03/23/2006)
56 CONSENT Decree, filed by all parties. (LSC, ) (Entered: 03/24/2006)
57 CLOSED - DISMISSED with prejudice, without the assessment of costs against either party. Signed by Judge David Frank Hamilton on 3/24/2006. (LSC, ) (Entered: 03/24/2006)

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03/28/2006

58 DOCUMENT CORRECTION re 57 ORDER of Dismissal. Signed by Judge David Frank Hamilton on 3/27/2006. (LSC, ) (Entered: 03/28/2006)

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