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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

WESTERN CONTAINER COMPANY,

)

)

Defendant.

)

__________________________________________)

NO. 06-0815-CV-W-HFS
COMPLAINT JURY TRIAL DEMANDED

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 race and to provide

appropriate relief to Keith Simmons who was adversely affected by such practices. The

Commission alleges that Keith Simmons, an African-American male, was racially harassed by

co-workers and members of management at Western Container Company.

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)(1) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Western District of Missouri, Western

Division.

1

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, Western Container Company (the "Employer"), has continuously been a Missouri corporation doing business in the State of Missouri and the City of Kansas City, 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, Keith Simmons filed a charge with the Commission alleging a violation of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 2003, Defendant Employer has engaged in unlawful employment practices at its Kansas City, Missouri facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1).
(A) Defendant Employer has violated Section 703(a)(1), 42 U.S.C. § 2000e2(a)(1) by subjecting Keith Simmons to racial harassment.
8. The effect of the practices complained of in paragraph 7(A) above has been to deprive Keith Simmons of equal employment opportunities and otherwise adversely
2

affect his status as an employee, because of his race. 9. The unlawful employment practices complained of in paragraph 7(A) above were
intentional. 10. The unlawful employment practices complained of in paragraph 7(A) above were
done with malice or with reckless indifference to the federally protected rights of Keith Simmons.
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 engaging in racial harassment and any other employment practice that discriminates on the basis of race. B. Order Defendant Employer to institute and carry out policies, practices, and programs that provide equal employment opportunities for African-Americans, and that eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Keith Simmons, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7(A) above in amounts to be determined at trial. D. Order Defendant Employer to make whole Keith Simmons by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7(A) above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial. E. Order Defendant Employer to pay Keith Simmons punitive damages for its
3

malicious and reckless conduct described in paragraph 7(A) above, in amounts to be determined
at trial.
F. Grant such further relief as the Court deems necessary and proper in the public
interest.
G. 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.
Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
Robert G. Johnson Regional Attorney
Barbara Seely Supervisory Trial Attorney
/s/ Anne E. Gusewelle Anne E. Gusewelle Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office Gateway Tower II 4th and State Avenue, 9th Floor Kansas City, KS 66101 (913) 551-5844 (tel) (913) 551-6957 (fax)
4

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff,

)

)

and

)

)

KEITH SIMMONS

)

)

Plaintiff-Intervenor,

)

vs.

)

)

WESTERN CONTAINER COMPANY

)

)

Defendant.

)

CASE NO. 06-0815-CV-W-HFS JURY TRIAL DEMANDED

COMPLAINT

I. Preliminary Statement

1. COMES NOW Plaintiff, Keith Simmons, by and through his attorney of record,

and brings this cause of action against Defendant, Western Container Company. This action

seeks declaratory, injunctive and equitable relief, compensatory and punitive damages, and costs

and attorney's fees for the discrimination suffered by Plaintiff in the terms and conditions of his

employment with Defendant.

II. Jurisdiction

2. This action arises under Title VII of the Civil Rights Act of 1964 (hereinafter

“Title VII”), 42 USC § 2000e et seq., the Civil Rights Act of 1991, 42 USC § 1981a, 42 USC §

1983 and the and the Missouri Human Rights Act (hereinafter “MHRA”), 213.010, et seq.,

R.S.MO.

3. Jurisdiction is invoked pursuant to 28 USC § 1343 (4), 42 USC § 2000e-5 (f), 42 USC § 1981, et seq., 42 USC § 1983 et seq., and 213.010, et seq., R.S.MO. A right-to-sue letter was issued by the Missouri Commission on Human Rights (MCHR) on February 5, 2007, a true and accurate copy of which is attached hereto as Exhibit 1. This right-to-sue letter was based upon a charge affidavit timely filed with both the EEOC and the MCHR, a copy of which is attached hereto as Exhibit 2.
4. Declaratory, injunctive, and equitable relief is sought pursuant to 28 USC §§ 2201, 2202, 42 USC § 1981, et. seq., 42 USC § 1983 et seq., and 213.010, et seq., R.S.MO.
5. Costs and attorney's fees may be awarded pursuant to 42 USC § 2000e-5(k), 42 USC § 1981, et. seq., 42 USC § 1983 et seq., and 213.010, et seq., R.S.MO and Fed R Civ P 54.
6. All conditions precedent to filing this action have been met. III. Venue
7. This action properly lies in the Western District of Missouri, pursuant to 29 USC § 1391(b), because the claim arose in this judicial district, and pursuant to 42 USC § 2000e5(f)(3), because the unlawful employment practice was committed in this judicial district. IV. Parties
8. Plaintiff is an African-American citizen and resident of the United States, the state of Missouri and of this judicial district.
9. Defendant is an employer who, upon information and belief, employs more than 100 regular employees. Defendant was doing business in this judicial district at all times alleged herein. Defendant is an employer within the meaning of 42 USC § 12101 et seq., and 213.010, et seq., R.S.MO.
2

V. Facts 10. Mr. Simmons was initially hired by Defendant in August of 2003. 11. Throughout his employment, Mr. Simmons was subjected to frequent
harassment. 12. Examples of this conduct have included being subjected to racially offensive
jokes, being subjected to the use of the words “nigger” and “coon” in reference to AfricanAmericans, being subjected to racially offensive pictures and being treated as an inferior employee.
13. This conduct was race-based and intended to offend Mr. Simmons as an AfricanAmerican.
14. This conduct created a racially hostile working environment for Mr. Simmons. 15. Following this treatment, Mr. Simmons initiated complaints of discrimination with the Defendant. 16. No substantive efforts were made by Defendant to address the legitimate allegations raised by Mr. Simmons. 17. Following his complaints, the improper treatment of Mr. Simmons and hostile working environment continued. 18. The individuals involved in the treatment of Mr. Simmons were employees of Defendant. 19. Defendant treated Mr. Simmons disparately as compared to other employees who were not African-American.
3

20. Mr. Simmons was targeted for disparate treatment by Defendant on account of his race.
21. During his employment, Mr. Simmons has continually performed his assigned duties at a level which met Defendant’s legitimate performance expectations and was able to perform all essential functions of his position.
22. Defendant’s conduct and actions have violated Defendant’s own policies and procedures.
23. Mr. Simmons’ compensation included wages, benefits, insurance, paid sick leave and retirement and/or § 401 (k) benefits.
24. Mr. Simmons has no plain, adequate, or complete remedy at law to redress the wrongs alleged and is now suffering and will continue to suffer irreparable injury from his treatment by Defendant unless Defendant is enjoined by this Court.
25. Mr. Simmons has suffered, is now suffering, and will continue to suffer emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses as a direct result of Defendant’s conduct.
26. Mr. Simmons will suffer future pecuniary losses as a direct result of Defendant’s conduct.
27. Defendant engaged in discrimination against Mr. Simmons with malice or in reckless indifference to Plaintiff’s rights under Title VII, 42 USC § 1981, 42 USC § 1983 and the MHRA. VI. Cause of Action
COUNT I - RACIAL HARASSMENT 28. Plaintiff incorporates as if realleged paragraphs 1 through 27.
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29. Defendant’s actions, as noted above, constituted racial harassment against Plaintiff in violation of Title VII, 42 USC § 1981 and the MHRA.
30. Defendant’s actions, as noted above, were discriminatory, continuous, arbitrary and capricious and constituted a disparity in treatment toward Plaintiff and, as such, were unlawful employment practices in violation of Title VII, 42 USC § 1981 and the MHRA.
31. At the time these actions were taken by Defendant, Defendant knew that its actions were unlawful.
32. The actions of Defendant toward Plaintiff and other persons evidence a pattern and practice of discrimination in violation of the provisions of Title VII, 42 USC § 1981 and the MHRA.
33. Plaintiff has been damaged by Defendant’s unlawful employment actions. VII. Prayer for Relief
34. Wherefore, Plaintiff prays that this Court: a. Declare the conduct engaged in by Defendant to be in violation of Mr. Simmons’ rights; b. Enjoin Defendant from engaging in such conduct; c. Award Mr. Simmons equitable relief of back salary and fringe benefits; d. Award Mr. Simmons prejudgment interest; e. Award Mr. Simons compensatory, punitive and liquidated damages; f. Award Mr. Simmons his costs and attorneys’ fees; and g. Grant such other relief as it may deem just and proper.
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DEMAND FOR A JURY TRIAL Plaintiff demands trial by jury on all issues as triable by a jury in this complaint.
Respectfully submitted, /s/
Kevin A. Graham MO Bar No. 41709 FLOOK & GRAHAM, P. C. 11 East Kansas Liberty, Missouri 64068 (816) 792-0500 FAX (816) 781-6843 ATTORNEY FOR PLAINTIFF
6

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

KEITH SIMMONS,

)

)

Plaintiff-Intervenor, )

)

v.

)

)

WESTERN CONTAINER COMPANY,

)

)

Defendant.

)

No. 06-0815-CV-W-HFS

CONSENT DECREE Introduction
Plaintiff Equal Employment Opportunity Commission instituted this action alleging that Defendant Western Container Company discriminated against an African-American employee, Keith Simmons, by subjecting him to racial harassment in violation of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. Keith Simmons was permitted by the Court to intervene as a party plaintiff, with his own retained counsel and asserted additional claims against Defendant for racial harassment under Title VII and the Missouri Human Rights Act (“MHRA”).
The parties enter into this Decree on a compromise basis, for purposes of settlement and in order to avoid further litigation and expense. Defendant specifically denies the allegations made by the EEOC and Keith Simmons in this lawsuit. Neither the execution of this Decree nor the consideration herein specified shall constitute or be construed as an admission by Defendant of any violation of Title VII, the MHRA, or any executive order, law, rule or regulation dealing

with race discrimination in employment, including racial harassment, or of any wrongful, illegal or discriminatory act in connection with the employment of Keith Simmons or otherwise.
For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay, and burden of further litigation.
THEREFORE, it is the finding of this Court, made on the pleadings, the record as a whole, and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of Title VII and the MHRA will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in controversy in this lawsuit among all the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: I. General Provisions
1. Defendant shall not discriminate against African-American employees by subjecting them to race discrimination. Hereinafter the term “discrimination” shall be understood to include harassment.
2. Defendant shall not discriminate or retaliate against any employee because he or she has opposed any practices alleged in this action as unlawful under Title VII, has participated in an investigation conducted under this law with respect to this complaint, has participated in this lawsuit, or has benefited in any way as a result of this Decree.
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II. Relief for Aggrieved Person 3. Pursuant to a separate Settlement Agreement and Release, Defendant has agreed to pay, on a compromise basis in order to avoid further litigation and expense, $126,250.00 to resolve this matter.
III. Injunctive Relief 4. Within thirty (30) days after the date the Court approves this Decree, Defendant shall disseminate an anti-discrimination notice to all supervisory and non-supervisory employees. Such anti-discrimination notice shall include a statement by the Chief Executive Officer that racial discrimination will not be tolerated by the company. Further, the notice shall state that employees who engage in such discriminatory conduct will be subject to discipline, up to and including termination, that all employees are encouraged to report racial harassment of which they become aware or to which they believe they have been subjected, and that employees who make such reports will not be subject to retaliation. Along with the anti-discrimination notice, Defendant shall maintain and distribute an anti-discrimination policy, which shall include, at a minimum, a definition of unlawful harassment and discrimination, a clear and effective procedure with multiple reporting channels for employees to report possible harassment or discrimination, and a statement that no employee will be subjected to retaliation for reporting possible discrimination or harassment, participating in the investigation of such a report, and/or any other protected activity. Defendant will provide certification that it has complied with the requirements of this paragraph to the EEOC as provided in paragraph 10, below. 5. Within ninety (90) days after the date the Court approves this Decree, Defendant will provide eight (8) hours of training on racial harassment and discrimination to all supervisory
3

employees. It shall also provide six (6) hours of such training to all non-supervisory employees. Such non-supervisory employee training shall take place on two separate occasions, the first of which shall take place within ninety (90) days of the Court’s approval of this Decree and the second of which shall occur within one hundred eighty (180) days of the first session. Such sessions will be for one hour per shift. Defendant shall schedule a single make-up session for any employee absent on the day of initial training. During the second year of the Consent Decree, defendant shall provide two hours of follow-up training to its supervising employees.
All training shall include, at a minimum, the following topics: recognizing racial harassment; learning how to prevent or eliminate racial harassment and discrimination in the workplace; respecting racial and cultural diversity; emphasizing the procedure, with multiple reporting channels, for employees to report possible racial harassment or discrimination; and reinforcing Western Container Company’s policy to provide a work environment free of racial harassment and discrimination.
All such training shall be done by an outside, reputable vendor whose name and qualifications will be submitted to the EEOC for review at least thirty (30) days prior to the start of such training. Defendant will provide certification to the EEOC that it has complied with the requirements of this paragraph, including actual dates and times of such training and a list of the names and positions of all employees receiving such training, as provided in paragraph 10 below.
6. Defendant agrees that, in conjunction with the training that it provides to its supervisory employees under Paragraph 5 of this Decree, it will instruct its managers and supervisors that the effective and prompt handling of equal employment opportunity issues, including the receipt of verbal or written complaints made to them about racial harassment and
4

discrimination in the workplace, is a part of their job duties and that failure to report such complaints could have a tangible impact on their employment. Defendant will provide certification that it has complied with the requirements of this paragraph as provided in Paragraph 10, below.
IV. Posting 7. Defendant shall continue to post and cause to remain posted the posters required to be displayed in the workplace by EEOC regulation 29 C.R.F. § 1601.30 on the primary bulletin board that is publicly visible at the facility. 8. Within fifteen (15) days of the entry of this Decree, Defendant shall post and cause to remain posted copies of the Notice attached hereto as Exhibit A on the same bulletin board publicly visible to all employees for the term of the Decree. Defendant will provide certification that it has complied with the requirements of this paragraph to the EEOC as provided in paragraph 10, below.
V. Reporting and Access 9. Defendant agrees that twice yearly for the term of the Decree beginning six (6) months from the date that the Court approves the Decree, it shall provide a written report to the Commission regarding all internal complaints of racial discrimination made verbally or in writing to Defendant’s management. The reports shall include the following information: (a) name (if applicable), race, last known residential address, and land line and/or cell
telephone number of the person who made the complaint; (b) name, race, and position title of person about whom a complaint was made; (c) date of the complaint; (d) allegations of the complaint;
5

(e) name, race, and position title of any person who participated in any investigation or decision-making regarding the complaint;
(f) actions taken, if any, as a result of the investigation of the complaint, and (g) copies of all documents, not otherwise protected from disclosure by operation of
the attorney-client privilege or work product doctrine, pertaining to any investigation into the matter. 10. Defendant shall provide all written reports required by this Decree to Jean P. Kamp, Acting Regional Attorney, United States Equal Employment Opportunity Commission, St. Louis District Office, 1222 Spruce St., Rm. 8.100, St. Louis, MO 63103. 11. During the term of this Decree Defendant shall allow representatives of the Commission to review Defendant’s compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officials on their premises, and inspecting Defendant’s premises. Such review of compliance shall be initiated by written notice to the Defendant’s attorneys of record at least five (5) business days in advance of any inspection.
VI. Term and Effect of the Decree 12. This Decree shall be binding upon the parties hereto, their successors and assigns. 13. This Decree shall be in force for a period of two (2) years. During the Decree’s term, the Court shall retain jurisdiction of this cause for purposes of enforcement. 14. The parties shall bear their own costs.

DATE: April 2, 2008

/s/ Howard F. Sachs UNITED STATES DISTRICT JUDGE

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BY CONSENT:
FOR PLAINTIFF EEOC:
Jean P. Kamp Acting Regional Attorney
Barbara Seely Supervisory Trial Attorney
/s/ ANNE E. GUSEWELLE Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office Gateway Tower II 4th and State Avenue, 9 Floor Kansas City, KS 66101 (913) 551-5844 (tel) (913) 551-6957 (fax)

FOR DEFENDANT WESTERN CONTAINER COMPANY
/s/ STINSON MORRISON HECKER LLP Paul E. Donnelly Erin C. Kobler 1201 Walnut, Suite 2900 Kansas City, MO 64106 (816) 842-8600 (Tel.) (816) 691-3495 (Fax)

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EXHIBIT A
NOTICE
This Notice is being posted as part of the remedy agreed to pursuant to a Consent Decree between Western Container Company and the Equal Employment Opportunity Commission (EEOC). Federal Law requires that there be no discrimination against any employee or applicant for employment because of the individual’s race, color, religion, sex, national origin, disability or age (40 and over) with respect to hiring, firing, promotions, compensation, or other terms, conditions or privileges of employment. Western Container Company supports and will comply with such federal law in all respects and will not take any action against employees because they have exercised their rights under the law. Western Container Company will take prompt and appropriate action to investigate and resolve complaints of race discrimination at its facility. Western Container Company employees are encouraged and requested to promptly report to their supervisor, to any other supervisor, or to the Controller any possibly unlawful discrimination or harassment. Complaints will be handled with as much confidentiality as possible, and no employee who makes a report or provides information as a witness will be penalized or retaliated against. An investigation will be conducted as soon as possible and appropriate corrective action, as necessary, will be taken, up to and including termination of a wrongdoer. An employee also may report possibly unlawful discrimination or harassment to the Equal Employment Opportunity Commission, Gateway Tower II, 4 and State Ave., 9 Flr., Kansas City, KS 66101, (913) 551-5655.
Signed this ____________ DAY OF ________________________, 2008
Chief Executive Officer Western Container Company

8538189

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 CM/ECF Western District of Missouri

4/22/08 3:27 PM

CLOSED, EAPADMIN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:06-cv-00815-HFS

Equal Employment Opportunity Commission v. Western Container Assigned to: District Judge Howard F. Sachs Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/29/2006 Date Terminated: 04/02/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Anne E. Gusewelle Equal Employment Opportunity Commission Gateway Tower II 4th and State Avenue, 9th Flr. Kansas City, KS 66101 (913) 551-5844 Fax: (913) 551-6957 Email: anne.gusewelle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Keith Simmons

represented by Kevin A Graham Flook & Graham, PC 11 East Kansas Liberty, MO 64068 (816) 792-0500 Fax: (816) 781-6843 Email: kevin@flookandgraham.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Western Container

represented by Erin C. Kobler

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CM/ECF Western District of Missouri

4/22/08 3:27 PM
Stinson Morrison Hecker, LLP-Walnut 1201 Walnut Street Suite 2900 Kansas City, MO 64106-6251 (816) 691-3328 Fax: (816) 691-3495 Email: ekobler@stinsonmoheck.com ATTORNEY TO BE NOTICED
Paul E. Donnelly Stinson Morrison Hecker, LLP-Walnut 1201 Walnut Street Suite 2900 Kansas City, MO 64106-6251 (816)691-3107 Fax: (816)691-3495 Email: pdonnelly@stinson.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2006
10/02/2006 11/16/2006 11/29/2006 11/29/2006
12/22/2006 01/03/2007 01/24/2007

# Docket Text
1 COMPLAINT against Western Container (Filing fee $350) Service due by 1/29/2007, filed by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Gusewelle, Anne) (Entered: 09/29/2006)
2 Notice of EAPADMIN (Attachments: # 1 General Order)(Kee, Georgia) (Entered: 10/02/2006)
3 WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Western Container waiver sent on 10/26/2006, answer due 12/26/2006. (Gusewelle, Anne) (Entered: 11/16/2006)
4 NOTICE of appearance by Paul E. Donnelly on behalf of Western Container (Donnelly, Paul) (Entered: 11/29/2006)
5 DISCLOSURE OF CORPORATE INTERESTS /CERTIFICATE OF INTEREST FOR DEFENDANT WESTERN CONTAINER COMPANY filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 11/29/2006)
6 ANSWER to Complaint filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 12/22/2006)
7 NOTICE OF PRETRIAL PROCEDURE signed by Judge Howard F. Sachs on 1/3/2007. The parties shall file a joint Proposed Scheduling Order by 2/9/2007.(Moritz, Julie) (Entered: 01/03/2007)
8 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by

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CM/ECF Western District of Missouri

4/22/08 3:27 PM

02/01/2007 02/09/2007 02/21/2007 03/29/2007 04/12/2007 05/10/2007
06/07/2007
06/07/2007 06/14/2007 07/09/2007

Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 01/24/2007)
9 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Anne E. Gusewelle on behalf of Plaintiff Equal Employment Opportunity Commission.(Gusewelle, Anne) (Entered: 02/01/2007)
10 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by Equal Employment Opportunity Commission, Western Container. (Gusewelle, Anne) (Entered: 02/09/2007)
11 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Supplemental Disclosures filed by Anne E. Gusewelle on behalf of Plaintiff Equal Employment Opportunity Commission.(Gusewelle, Anne) (Entered: 02/21/2007)
12 CERTIFICATE OF SERVICE by Western Container /First Interrogatories and First Request for Production of Documents filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 03/29/2007)
13 MOTION to intervene filed by Kevin A Graham on behalf of Keith Simmons. Suggestions in opposition/response due by 4/27/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit Complaint# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2)(Graham, Kevin) (Entered: 04/12/2007)
14 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 12 Certificate of Service of Responses to Defendant's First Interrogatories, First Request for Production of Documents and Privilege Log filed by Anne E. Gusewelle on behalf of Plaintiff Equal Employment Opportunity Commission. Related document: 12 Certificate of Service filed by Western Container.(Gusewelle, Anne) (Entered: 05/10/2007)
15 SCHEDULING ORDER signed by Judge Howard F. Sachs on 6/7/2007. Discovery is due by 10/1/2007. An Accelerated Jury Trial is set for 3/31/2008 at 09:00AM in Courtroom 7B, Kansas City (HFS) before Judge Howard Sachs. Dispositive Motions are due by 10/26/2007. (Moritz, Julie) (Entered: 06/07/2007)
16 ORDER granting Keith Simmons' motion to intervene (Doc. 13) signed by Judge Howard F. Sachs on 6/7/2007. Simmons is to file his intervenor complaint within 3 days of the date of this order. (Moritz, Julie) (Entered: 06/07/2007)
17 Intervenor COMPLAINT Service due by 10/15/2007. filed by Kevin A Graham on behalf of Keith Simmons. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Graham, Kevin) (Entered: 06/14/2007)
18 MOTION for extension of time to respond to the EEOC's discovery requests filed by Erin C. Kobler on behalf of Western Container. Suggestions in opposition/response due by 7/26/2007 unless otherwise directed by the court. (Kobler, Erin) (Entered: 07/09/2007)

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CM/ECF Western District of Missouri

4/22/08 3:27 PM

07/26/2007 07/27/2007 08/07/2007 09/13/2007 09/18/2007
09/18/2007 09/27/2007
09/28/2007 11/05/2007 11/08/2007 11/16/2007

19 CERTIFICATE OF SERVICE by Western Container filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 07/26/2007)
20 ORDER granting Western Container's motion for extension of time with retroactive effect (Doc. 18) signed by Judge Howard F. Sachs on 7/27/2007. Western Container's service of the discovery responses at issue on 7/25/2007 is deemed timely. (Moritz, Julie) (Entered: 07/27/2007)
21 ANSWER to Intervenor Complaint filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 08/07/2007)
22 NOTICE of filing by Western Container Revised Joint Proposed Scheduling Order and Discovery Plan (Donnelly, Paul) (Entered: 09/13/2007)
23 Motion to Amend the PROPOSED SCHEDULING ORDER Joint Motion of the Parties to Revise the Scheduling Order and Initial Discovery Plan by Western Container. (Attachments: # 1 Exhibit 1)(Donnelly, Paul) Modified on 9/18/2007 to correct the document type to a motion and to change the document title text. Suggestions in opposition/response due by 10/4/2007 unless otherwise directed by the court. (Beard, Melanie). (Entered: 09/18/2007)
24 SUGGESTIONS in support re 23 MOTION to amend/correct the Scheduling Order and Initial Discovery Plan filed by Paul E. Donnelly on behalf of Defendant Western Container. (Related document(s) 23 ) (Donnelly, Paul) (Entered: 09/18/2007)
25 ORDER granting the parties' joint motion to amend the scheduling order (Doc. 23) signed by Judge Howard F. Sachs on 9/27/2007. Discovery is to be completed by 1/30/2008. Dispositive motions are due by 3/3/2008. This matter will be set for trial on the fall accelerated jury trial docket commencing 10/14/2008.(Moritz, Julie) (Entered: 09/27/2007)
26 CERTIFICATE OF SERVICE by Keith Simmons of mailing PlaintiffIntervenor's initial discovery filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 09/28/2007)
27 Consent MOTION for extension of time to respond to the plaintiff-intervenor's discovery requests filed by Erin C. Kobler on behalf of Western Container. Suggestions in opposition/response due by 11/23/2007 unless otherwise directed by the court. (Kobler, Erin) (Entered: 11/05/2007)
28 CERTIFICATE OF SERVICE by Western Container filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 11/08/2007)
29 Consent MOTION to amend/correct 15 Scheduling Order, Motion of the Defendant to Revise the Amended Scheduling Order and Initial Discovery Plan filed by Paul E. Donnelly on behalf of Western Container. Suggestions in opposition/response due by 12/3/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit Attachment 1)(Related document(s) 15 ) (Donnelly, Paul) (Entered: 11/16/2007)

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CM/ECF Western District of Missouri

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11/16/2007
11/21/2007 11/21/2007
01/03/2008 01/03/2008 01/14/2008 01/14/2008 01/23/2008 01/23/2008 01/23/2008 01/28/2008 01/28/2008

30 SUGGESTIONS in support re 29 Consent MOTION to amend/correct 15 Scheduling Order, Motion of the Defendant to Revise the Amended Scheduling Order and Initial Discovery PlanConsent MOTION to amend/correct 15 Scheduling Order, Motion of the Defendant to Revise the Amended Scheduling Order and Initial Discovery Plan filed by Paul E. Donnelly on behalf of Defendant Western Container. (Related document(s) 29 ) (Donnelly, Paul) (Entered: 11/16/2007)
31 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 11/21/2007)
32 CERTIFICATE OF SERVICE by Western Container of Response to PlaintiffIntervenor's First Interrogatories to Defendant, Response to PlaintiffIntervenor's First Request for Production of Documents to Defendant and Defendant's Supplemental Fed.R.Civ.P. 26(a)(1) Initial Disclosures filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 11/21/2007)
33 NOTICE to take deposition of Keith Simmons filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 01/03/2008)
34 CERTIFICATE OF SERVICE by Keith Simmons of filing Plaintiff-Intervenor's discovery responses filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/03/2008)
35 NOTICE to take deposition of Rick Horton filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/14/2008)
36 NOTICE to take deposition of Kendall Sanders filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/14/2008)
37 NOTICE to take deposition of Luther Haney filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/23/2008)
38 NOTICE to take deposition of Mark Radosevich filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/23/2008)
39 NOTICE to take deposition of Larry Schroeder filed by Kevin A Graham on behalf of Intervenor Plaintiff Keith Simmons.(Graham, Kevin) (Entered: 01/23/2008)
40 CERTIFICATE OF SERVICE by Western Container of Defendant's Second Supplemental Fed. R. Civ. P. 26(a)(1) Disclosures filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/28/2008)
41 CERTIFICATE OF SERVICE by Western Container of Defendant's Supplemental Responses to EEOC's First Interrogatories filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/28/2008)

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CM/ECF Western District of Missouri

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01/29/2008 01/31/2008 01/31/2008 01/31/2008 02/05/2008 02/05/2008 03/27/2008
03/28/2008
04/02/2008

42 MOTION for order Setting New Trial Date filed by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission. Suggestions in opposition/response due by 2/13/2008 unless otherwise directed by the court. (Gusewelle, Anne) (Entered: 01/29/2008)
43 NOTICE to take deposition of Dennis Wilson filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/31/2008)
44 NOTICE to take deposition of Danielle Perkins filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/31/2008)
45 NOTICE to take deposition of Tezzie Wells filed by Erin C. Kobler on behalf of Defendant Western Container.(Kobler, Erin) (Entered: 01/31/2008)
46 Amended NOTICE to take deposition of Danielle Perkins filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 02/05/2008)
47 Amended NOTICE to take deposition of Tezzie Wells filed by Paul E. Donnelly on behalf of Defendant Western Container.(Donnelly, Paul) (Entered: 02/05/2008)
48 Joint MOTION for consent judgment filed by Anne E. Gusewelle on behalf of Equal Employment Opportunity Commission. Suggestions in opposition/response due by 4/11/2008 unless otherwise directed by the court. (Attachments: # Executed Consent Decree)(Gusewelle, Anne) Modified on 3/28/2008 to delete the proposed order, which was attached in error (Beard, Melanie). (Entered: 03/27/2008)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 3/27/08 as Document No. 48-2, Ex. A (Proposed Consent Decree). The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in WordPerfect format. This is a text entry only - no document is attached. (Beard, Melanie) (Entered: 03/28/2008)
49 ORDER granting 48 motion for consent judgment. (See order for details.) Signed by District Judge Howard F. Sachs on 04/02/08. (Duer, Tina) (Entered: 04/02/2008)

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