Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 1 of 13

RITA BYRNES KITTLE, Trial Attorney NELSON G. ALSTON, Senior Trial Attorney Equal Employment Opportunity Commission 303 East 17th Avenue, Suite 5.10 Denver, CO 80203 Telephone: (303) 866-1347 Facsimile: (303) 866-1375
CAROLA. STATKUS Assistant United States Attorney PO Box 668 Cheyenne, WY 82003-0668 Telephone (307) 772-2124
Facsimile (307)772-2•907

r:L ~-J~~!<
us. Dl:;TH!GJ COURT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

Civil Action No. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. CUNDY ASPHALT PAVING CONSTRUCTION, INC.

ot'CV 044D

Defendant.

COMPLAINT AND JURY TRIAL DEMAND

Receipt # ~"/l..IA.!--_­
Summons:~ issued
- -not issued
/

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 2 of 13

NATURE OF THE ACTION

This action arises under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, to

correct unlawful employment practices on the basis of sex (pregnancy) and to provide appropriate relief

to Kimberly A. Dalby ("Dalby"), a former employee of Defendant, Cundy Asphalt Paving Construction,

Inc. As set forth more fully below, the EEOC alleges that Defendant unlawfully terminated Dalby

because of her pregnancy, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).

JURISDICTION AND VENUE

I.

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 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 ofthe Civil

Rights Act of 1991,42 U.S.C. § 1981(A).

2.

The employment practices alleged to be unlawful were committed within the jurisdiction

of the United States District Court for the District of Wyoming.

PARTIES

3.

Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an 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) of Title VII, 42 U.S.C. § 2000e-

5(f)(1).

4.

At all relevant times, Defendant, Cundy Asphalt Paving Construction, Inc., has

continuously been a Wyoming corporation doing business in the State of Wyoming and has continuously

had at least fifteen employees.

2

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 3 of 13

5.

At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce within the meaning of Sections 70 I(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, Ms. Dalby filed a charge

with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the

institution of this lawsuit have been fulfilled.

7.

On or about April 29, 1998, Defendant engaged in unlawful employment practices, in

violation of Section 703(a)(l) of Title VII, 42 U.S.C. § 2000e-2(a)(l), by discharging Ms. Dalby because

of her pregnancy.

8.

Ms. Dalby was employed by Defendant in Gillette, Wyoming, as a trainee truck driver.

9.

Ms. Dalby was initially hired by Defendant in March 1998, as part of a apprenticeship

program.

10. In March or April 1998, Ms. Dalby attended classes as part of the apprenticeship

program.

II. From April 20, 1998, through April 28, 1998, Ms. Dalby was assigned to work at one or

more jobsites.

12. During the time Ms. Dalby worked for Defendant, she performed the duties of driver

trainee, as well as other general labor and flagger duties as assigned.

13. On April 28, 1998, Ms. Dalby informed her supervisor of her pregnancy, and provided a

physician's statement indicating that she was restricted from lifting more than 25 pounds.

3

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 4 of 13
14. On April 29, 1998, the Defendant terminated Ms. Dalby's employment. 15. Defendant told Ms. Dalby that she was terminated because there were no jobs available which did not require lifting more than 25 pounds. 16. Defendant's job description for the position of driver trainee does not indicate the job requires lifting of more than 25 pounds. 17. Defendant's job description for the position of flagger does not indicate the job requires lifting of more than 25 pounds. 18. Because of Ms. Dalby's pregnancy, Defendant denied her equal employment opportunities and otherwise adversely affected her status as an employee. 19. As a result of Defendant's wrongful termination of Ms. Dalby's employment, she has suffered damages, including but not limited to emotional distress, lost earnings and benefits, medical and job search expenses, in amounts subject to proof. 20. The unlawful employment practices complained of in the foregoing paragraphs were intentional, or were committed with reckless disregard for Ms. Dalby's federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of pregnancy.
4

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 5 of 13
B. Order the Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for pregnant employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendant to make whole Ms. Dalby, by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative and equitable relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, rightful-place reinstatement of Ms. Dalby, or front pay where appropriate.
D. Order the Defendant to make whole Ms. Dalby, by providing compensation for past, and future pecuniary losses, including but not limited to job search expenses and medical expenses incurred as a result of the unlawful employment practices described above, in amounts to be determined at trial.
E. Order the Defendant to make whole Ms. Dalby, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
WRY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
5

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 6 of 13

Dated: March 14, 200 I

Respectfully submitted,
GWENDOLYN REAMS Associate General Counsel
JOSEPH H. MITCHELL Regional Attorney
NANCY A. WEEKS Supervisory Trial Attorney

RITA BYRNES KITTLE Trial Attorney (303) 866-1347
NELSON G. ALSTON Senior Trial Attorney (303) 866- 1378
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Denver District Office 303 East 17th Avenue, Suite 510 Denver, CO 80203
DAVID D. FREUDENTHAL United States Attorney
CAROLA. STATKUS Assistant United States Attorney
PLEASE NOTE: It is sufficient for purposes of service on the Plaintiff Equal Employment Opportunity Commission that pleadings, notices, and any other court document be served upon the Trial Attorney. Therefore, duplicate service is not required on the General Counselor Associate General Counsel located in Washington, D.C.
6

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 7 of 13
RITA BYRNES KITTLE, Trial Attorney NELSON G. ALSTON, Senior Trial Attorney Equal Employment Opportunity Commission 303 East 17th Avenue, Suite 510 Denver, CO 80203 Telephone: (303) 866-1347 Facsimile: (303) 866-1375 CAROL A. STATKUS Assistant United States Attorney PO Box 668 Cheyenne, WY 82003-0668 Telephone (307) 772-2124 Facsimile (307)772-2907
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING
Civil Action No. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CUNDY ASPHALT PAVING CONSTRUCTION, INC.
Defendant.
COMPLAINT AND JURY TRIAL DEMAND

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 8 of 13
NATURE OF THE ACTION This action arises under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, to correct unlawful employment practices on the basis of sex (pregnancy) and to provide appropriate relief to Kimberly A. Dalby ("Dalby"), a former employee of Defendant, Cundy Asphalt Paving Construction, Inc. As set forth more fully below, the EEOC alleges that Defendant unlawfully terminated Dalby because of her pregnancy, in violation of Section 703(a) ofTitie VII, 42 U.S.C. § 2000e-2(a).
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 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. § 1981(A). 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the District of Wyoming.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an 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) of Title VII, 42 U.S.C. § 2000e-5(f)(I).
2

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 9 of 13
4. At all relevant times, Defendant, Cundy Asphalt Paving Construction, Inc., has continuously been a Wyoming corporation doing business in the State of Wyoming and has continuously had at least fifteen employees.
5. At all relevant times, Defendant 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, Ms. Dalby filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. . 7. On or about April 29, 1998, Defendant engaged in unlawful employment practices, in violation of Section 703(a)(1) ofTitle VII, 42 U.S.C. § 2000e-2(a)(1), by discharging Ms. Dalby because of her pregnancy. 8. Ms. Dalby was employed by Defendant in Gillette, Wyoming, as a trainee truck driver. 9. Ms. Dalby was initially hired by Defendant in March 1998, as part of a apprenticeship program. 10. In March or April 1998, Ms. Dalby attended classes as part of the apprenticeship program.
3

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 10 of 13
11. From April 20, 1998, through April 28, 1998, Ms. Dalby was assigned to work at one or more jobsites.
12. During the time Ms. Dalby worked for Defendant, she performed the duties of driver trainee, as well as other general labor and flagger duties as assigned.
13. On Apri128, 1998, Ms. Dalby informed her supervisor of her pregnancy, and provided a physician's statement indicating that she was restricted from lifting more than 25 pounds.
14. On April 29, 1998, the Defendant terminated Ms. Dalby's employment. 15. Defendant told Ms. Dalby that she was terminated because there were no jobs available which did not require lifting more than 25 pounds. 16. Defendant's job description for the position of driver trainee does not indicate the job requires lifting of more than 25 pounds. 17. Defendant's job description for the position of flagger does not indicate the job requires lifting of more than 25 pounds. 18. Because of Ms. Dalby's pregnancy, Defendant denied her equal employment opportunities and otherwise adversely affected her status as an employee. 19. As a result of Defendant's wrongful termination of Ms. Dalby's employment, she has suffered damages, including but not limited to emotional distress, lost earnings and benefits, medical and job search expenses, in amounts subject to proof.
4

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 11 of 13
20. The unlawful employment practices complained of in the foregoing paragraphs were intentional, or were committed with reckless disregard for Ms. Dalby's federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of pregnancy.
B. Order the Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for pregnant employees, and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendant to make whole Ms. Dalby, by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative and equitable relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, rightful-place reinstatement of Ms. Dalby, or front pay where appropriate.
D. Order the Defendant to make whole Ms. Dalby, by providing compensation for past, and future pecuniary losses, including but not limited to job search expenses and medical expenses incurred as a result of the unlawful employment practices described above, in amounts to be determined at trial.
5

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 12 of 13
E. Order the Defendant to make whole Ms. Dalby, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
6

Case 2:01-cv-00044-WFD Document 1 Filed 03/15/2001 Page 13 of 13

Dated: March 14,2001

. Respectfully submitted,
GWENDOLYN REAMS Associate General Counsel
JOSEPH H. MITCHELL Regional Attorney
NANCY A. WEEKS Supervisory Trial Attorney

NELSON G. ALSTON Senior Trial Attorney (303) 866-1378
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Denver District Office 303 East 17th Avenue, Suite 510 Denver, CO 80203
DAVID D. FREUDENTHAL United States Atto~
~f.sT~US
Assistant United States Attorney
PLEASE NOTE: It is sufficient for purposes of service on the Plaintiff Equal Employment Opportunity Commission that pleadings, notices, and any other court document be served upon the Trial Attorney. Therefore, duplicate service is not required on the General Counselor Associate General Counsel located in Washington, D.C.
7

 
 Case 2:01-cv-00044-WFD Document 19 Filed 07/31/2001 Page 1 of 3

f ~.: ':' .<.~"i" COLTiT IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

vs.

)

)

CUNDY ASPHALT PAVING

)

CONSTRUCTION, INC.,

)

)

Defendant.

)

Case No. OI-CV-44-D

ORDER RULING ON PLAINTIFF EEOC'S MOTION TO COMPEL DISCOVERY, INCLUDING STATEMENT OF DEFENDANT'S POSITION
The above-entitled matter having come before the Court on Plaintiff EEOC's Motion to Compel Discovery, Including Statement of Defendant's Position, and the Court having carefully considered the motion, which contains each parties arguments and positions, and being fully advised in the premises FINDS:
1. This action comes before the Court on the Title VII claim of pregnancy discrimination arising out of Defendant's decision to terminate Kimberly Dolby on April 28,1998, the day after she advised her supervisor she was pregnant and subject to a 25-pound lifting restriction Defendant admits Ms. Dalby was terminated because of the 25-pound lifting restriction, asserting there were no jobs available without that requirement, but denies he was terminated because of
1

ICJ

Case 2:01-cv-00044-WFD Document 19 Filed 07/31/2001 Page 2 of 3
pregnancy. 2. The plaintifffiles the instant motion seeking a court order requiring the defendant to
produce copies of the personnel records for current and former employees who participated in the decision to terminate Kimberly Dalby, and copies of personnel records for all current and former employees who "at any time during their employment had a temporary or permanent medical condition and/or physical limitation." The defendant does not object to the plaintiffs discovery request, but is unwilling to turn over private personnel records absent either a court order or a release from the individuals whose. records are to be produced. The parties have also indicated to the Court that they will stipulate to and enter into a protective order preventing the urmecessary or illegal dissemination of the materials contained in the personnel records.
3. The Court will require the defendant to produce for inspection by the plaintiff, the requested personnel records for all current and former employees who participated in the decision to terminate Kimberly Dalby, and the personnel records of current and former employees who "at any time during their employment had a temporary or permanent medical condition and/or physical limitation." The produced documents will be identified as confidential and will be subject to a protective order to be entered by this Court. Said protective order shall be stipulated to and entered into by both parties, and shall be similar in form to the protective order submitted by the parties in support for this motion.
4. The plaintiffs request for a "Statement ofthe Defendant's Position" shall be denied
2

Case 2:01-cv-00044-WFD Document 19 Filed 07/31/2001 Page 3 of 3

since the plaintiff failed to present argumentation in support thereof.
NOW, THEREFORE, IT IS ORDERED that PlaintiffEEOC's Motion to Compel Discovery, be, and the same hereby is, GRANTED, as set forth more fully above. It is.
FURTHER ORDERED that PlaintiffEEOC's Motion to Compel a Statement ofDefendant's Position be, and the same hereby is, DENIED.

_-;),....f!.
Dated thiti...&,L day of July, 2001.

. Beaman, United States Magistrate Judge

3

 
 Case 2:01-cv-00044-WFD •

Document 21

Filed 09/18/2001 Page 1 of 8
::ILED DISTRICT OF \tWOI"iING
CASPEr,

2001 SEP 18 PM 4: 36

CLERr< U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

Civil Action No. 01 CV 044D EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CUNDY ASPHALT PAVING CONSTRUCTION, INC., Defendant.

CONSENT DECREE

I. RECITALS

1. This matter was instituted by Plaintiff, Equal Employment Opportunity

Commission ("Commission" or "Plaintiff" or "EEOC"), an agency of the United States, alleging

that Defendant Cundy Asphalt Paving Construction, Inc, discriminated against Kimberly Dalby

because of her sex and pregnancy, in violation of Section 703(a) of Title VII of the Civil Rights

Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e-2(a).

2. The Commission and Defendant, desiring to settle this action by an appropriate

Consent Decree ("Decree"), agree to the jurisdiction of this Court over the parties and the subject

matter of this action, and agree to the power of this Court to enter a Consent Decree enforceable

against Defendant.

3. This Decree is final and binding upon the parties as to the issues resolved, as well

as upon their successors and assigns.

I!NTEREO ON THE DOCKEt
- " S~f'

Case 2:01-cv-00044-WFD Document 21 Filed 09/18/2001 Page 2 of 8
4. This Decree, being voluntarily entered into by the parties, shall not constitute an admission or an adjudication of the merits or the damages of this case.
5. The parties agree that this Consent Decree fairly resolves the issues alleged in this lawsuit, and constitutes a complete resolution of all of the Commission's claims of unlawful employment practices under Title VII that were made or could have been made in this action.
6. For the purpose of amicably resolving disputed claims, the Defendant joins with the Commission in requesting this Court to adjudge as follows:
IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: II. JURISDICTION
7. The parties stipulate to the jurisdiction of the Court over the parties and subject matter of this action, and have waived the entry of findings offact and conclusions oflaw.
8. The duration of this Decree shall be three years from the date of signing by the Court, subject to the reporting provisions at Section IV(C).
III. ISSUES RESOLVED 9. This Decree resolves all claims for damages arising out of the issues and claims set forth in Civil Action No. 01 CV 044D. 10. Defendant and its officers, agents, employees, successors, and all other persons in active concert or participation with any of them will not interfere with the relief herein ordered, but shall cooperate in the implementation of this Decree.
IV. COMPLIANCE A. Monetary Relief
11. Defendant agrees to pay $25,000 to Kimberly Dalby, as payment for back pay, compensatory damages, and interest.
11.1 Payment pursuant to this Section IV(A)(11)(a) shall be paid to Kimberly Dalby within five business days after entry of this Consent Decree by the Court;
2

Case 2:01-cv-00044-WFD Document 21 Filed 09/18/2001 Page 3 of 8
11.2 Defendant shall pay all administrative and/or other costs associated with the payment ofmonetary relief under this Decree.
B. Injunctive Relief
12. During the term ofthis Consent Decree, Defendant, its officers, agents, successors and other persons in active concert or participation with it, or any ofthem, is enjoined from engaging in any employment practice which discriminates on the basis of sex.
13. During the term ofthis Consent Decree, Defendant, its officers, agents, successors and other persons in active concert or participation with it, or any ofthem, is enjoined from engaging in reprisal or retaliation of any kind against any person because of such person's opposition to any practice made unlawful under Title VII, because of such person's filing a charge, testifying or participating in any manner in any investigation, proceeding or hearing under any ofthese statutes, because such person was identified as a witness or possible witness for the Commission, because such person participated in any manner in this action or in the investigation giving rise to this action, or because such person is designated as an aggrieved individual under this Decree. C • Record Keeping and Reporting Provisions
14. Defendant shall maintain all records concerning its implementation of this Consent. Decree during the term ofthe Decree. The Commission shall have the right to interview any personnel employed by Defendant for the purpose of determining Defendant's compliance with the terms of this Consent Decree. In the event the Commission exercises its right to interview personnel pursuant to this paragraph, said interviews shall be scheduled with due regard to the convenience of the individual to be interviewed.
15. Each party shall bear its own costs in conjunction with the maintenance of records, preparation of any report, access or copying ofrecords, or interviews of employees.
16. Defendant shall provide semi-annual reports for each six month period following the date the Court signs the Decree. The reports shall be due thirty days following the end ofthe
3

Case 2:01-cv-00044-WFD Document 21 Filed 09/18/2001 Page 4 of 8
respective six month period, except the final report which shall be submitted to the Commission two weeks prior to the date on which the Consent Decree is to expire.
17. Each report shall provide the following information: 17.1 The name, address and telephone number of each person making a complaint of gender discrimination to the Defendant or to any federal, state, or local govemment agency; the date of the complaint, and the name of the individual(s) who allegedly engaged in the discriminatory conduct; 17.2 A brief summary of each complaint, including the date of the complaint, the name of the individual(s) who allegedly engaged in the discriminatory conduct, the Defendant's response to the complaint, the name of the person who investigated or responded to the complaint, and what, if any resolution was reached; 17.3 Copies of all documents memorializing or referring to the complaint, investigation, and/or resolution thereof.
D. Posting of Notice 18. Within five business days of the entry of this Consent Decree, Defendant shall post
in a conspicuous place in each of its facilities, where notices to employees and applicants for employment are customarily kept or posted, the Notice attached as Attachment A to this Decree. The Notice shall remain posted for the duration of this Decree. If the Notice becomes defaced or illegible, Defendant will replace it with a clean copy. Defendant shall certify to the Commission, in writing, within twenty (20) days of entry of this Decree that the Notice has been properly posted.
E. GENDERIPREGNANCY DISCRIMINATION POLICY 19. Defendant shall adopt or maintain a policy prohibiting discrimination based on sex or pregnancy, and proscribing retaliation against any employee who complains about gender or
4

Case 2:01-cv-00044-WFD Document 21 Filed 09/18/2001 Page 5 of 8
pregnancy discrimination. ("Discrimination Policy"). Defendant's Discrimination Policy shall contain all the elements shown in the sample policy attached hereto as Attachment B. For the duration of this Decree, Defendant shall post in a conspicuous place in each of its facilities, where notices to employees and applicants for employment are customarily kept or posted, a copy of the Discrimination Policy. For the duration of this Decree, Defendant shall provide each employee a copy of the Discrimination Policy. Within thirty days of the execution of this Decree, Defendant shall forward a copy of its Discrimination Policy to the Commission and a letter indicating that the Discrimination Policy has been posted and distributed.
F. REFERENCE 20. Defendant agrees that in response to inquiries or requests for references regarding Kimberly Dalby, it will provide only Ms. Dalby's dates of employment, the title of the position she held, and the starting and ending salaries she received. Defendant will make no mention of this action or Decree to any such prospective employer or other person.
G. TRAINING 21. For the duration of the term of this Decree, the Defendant shall conduct annual training for all its supervisory and managerial employees, on the subject of compliance with federal laws prohibiting employment discrimination, including specifically Title VII provisions prohibiting discrimination based on sex or pregnancy, and provisions prohibiting retaliation against individuals who complain about perceived discrimination. 22. Defendant agrees that the training will be conducted by an outside consultant, in person or by videotape and, the first such session will take place as soon a practicable but not later than January 31,2002. 23. Each seminar training session shall be no less than 4 hours of instruction. The registry of attendance shall be submitted to the EEOC and retained by Defendant for the duration of this Decree.
5

Case 2:01-cv-00044-WFD Document 21 Filed 09/18/2001 Page 6 of 8
24. The Commission, at its discretion, may designate one or more Commission representatives to attend any of the seminar-training sessions described above, and the representative(s) shall have the right to attend and fully observe all of the sessions.
V. RETENTION OF JURISDICTION AND FILING OF DECREE 25. This Court shall retain jurisdiction of this case for purposes of compliance with this Decree and entry of such further orders or modifications as may be necessary or appropriate to effectuate equal employment opportunities for employees. Upon submission of the final report referenced at Section IV(C), and the expiration of a period of 15 days after submission of said report, within which the Commission has not filed an objection thereto, the Commission and Defendant shall promptly file a Joint Stipulation for Dismissal with Prejudice ("Joint Stipulation") of this civil action, upon which filing this Decree shall automatically dissolve, and this Civil Action shall be dismissed with prejudice. If the Commission files an objection to the final report within said 15-day period, the Parties will file the Joint Stipulation promptly after the Court's resolution ofthe Commission's objection.
VI. ENFORCEMENT 26. There is no private right of action to enforce Defendant's obligations under the Decree and only the Commission and Defendant, or their successors or assigns may enforce compliance herewith. 27. Enforcement may be had by the Commission or Defendant petitioning the Court for enforcement of the terms of this Decree.
VII. EEOC AUTHORITY 28. With respect to matters or charges outside the scope of this Decree, this Decree shall in no way limit the powers of the Commission to seek to eliminate unrelated employment practices or acts made unlawful by any of the statutes over which the EEOC has enforcement authority.
6

Case 2:01-cv-00044-WFD Document 21 Filed 09/18/2001 Page 7 of 8 •

VIII. COSTS AND ATTORNEY'S FEES 29. Each party shall be responsible for and shall pay its own costs and attorney's fees.
IX. NOTICE 30. Any notice, report, or communication required under the provisions ofthis Decree shall be sent by certified mail, postage prepaid, to the appropriate parties as follows:

Regional Attorney Denver District Office Equal Employment Opportunity
Commission 303 E. 17th Avenue, Suite 510 Denver, CO 80203

Cundy Asphalt Paving Construction, Inc. P.O. Box 2469 Gillette, WY 82717
James L. Edwards Stevens, Edwards & Hallock, P.C. P.O. Box 1148 Gillette, WY 82717-1148

k.-~6rl~I---''---' SO ORDEREDthis

2001.

BY THE COURT:
~~...--~
United States District Judge

7

Case 2:01-cv-00044-WFD Document 21 Filed 09/18/2001 Page 8 of 8

APPROVED AS TO FORM:
Joseph H. Mitchell Regional Attorney Nancy A. Weeks Superv· ory Trial Attorney

J es 1. Edwards St ens, Edwards & Hallock, P.C.
1 S. Kendrick P.O. Box 1148
Gillette, Wyoming 82717-1148
Attorneys for Defendant

Equal Employment Opportunity Commission 303 East 17th Avenue, Suite 510 Denver, CO 80203

Attorneys for Plaintiff

BY CONSENT:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

~~ BY: Joseph . Mitchell

Date ~ I

I

Regional Attorney

Date
8

 
 CM/ECF-LIVE-District of Wyoming - Docket Report

https://ecf.wyd.uscourts.gov/cgi-bin/DktRpt.pl?102693710087526-L_9...

U.S. District Court District of Wyoming (Cheyenne) CIVIL DOCKET FOR CASE #: 2:01-cv-00044-WFD

TERMED

EEOC v. Cundy Asphalt Constr Assigned to: Honorable William F Downes Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/15/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Carol A Statkus US ATTORNEY'S OFFICE P O Box 668 Cheyenne, WY 82003-0668 307/772-2124 Fax: 307/772-2123 Email: carol.statkus@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nelson G Alston EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 303 East 17th Avenue, Suite 510 Denver, CO 80203 303/866-1374 Fax: 866-1375 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rita Byrnes Kittle EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 303 East 17th Avenue, Suite 510 Denver, CO 80203 303/866-1374 Fax: 866-1375 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Cundy Asphalt Paving Construction Inc

represented by James L Edwards STEVENS EDWARDS & HALLOCK P O Box 1148

1 of 3

6/6/2007 4:48 PM

CM/ECF-LIVE-District of Wyoming - Docket Report

https://ecf.wyd.uscourts.gov/cgi-bin/DktRpt.pl?102693710087526-L_9...

Gillette, WY 82717-1148 307/682-1444 Fax: 307/687-2896 Email: jim@vcn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/15/2001 03/15/2001 03/15/2001 03/15/2001 03/16/2001
03/16/2001
03/27/2001 04/02/2001 04/06/2001
04/13/2001 05/04/2001
05/08/2001 05/30/2001

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Docket Text

1 COMPLAINT (summons(es) issued); jury demand (dn) (Entered: 03/15/2001)
2 NOTIFICATION OF COMPLEXITY OF CASE by plaintiff; the case is non-complex (dn) (Entered: 03/15/2001)
3 MOTION by plaintiff for attorney Nelson G Alston to appear pro hac vice referred to Magistrate Judge William C. Beaman (dn) (Entered: 03/15/2001)
4 MOTION by plaintiff for attorney Rita Byrnes Kittle to appear pro hac vice referred to Magistrate Judge William C. Beaman (dn) (Entered: 03/15/2001)
5 ORDER by Magistrate Judge William C. Beaman granting motion for attorney Nelson G Alston to appear pro hac vice [3-1] (cc: all counsel 3/16/01) (dn) (Entered: 03/16/2001)
6 ORDER by Magistrate Judge William C. Beaman granting motion for attorney Rita Byrnes Kittle to appear pro hac vice [4-1] (cc: all counsel 3/16/01) (dn) (Entered: 03/16/2001)
7 RETURN OF SERVICE executed upon defendant Cundy Asphalt Constr on 3/19/01 (dn) (Entered: 03/27/2001)
8 ANSWER by defendant to complaint [1-1] (dktclerk) (Entered: 04/02/2001)
9 NOTICE: initial pretrial conference set on 5/9/01 at 10:00am in Cheyenne before Magistrate Judge William C. Beaman (cc: all counsel 4/9/01) (dn) (Entered: 04/06/2001)
10 RESPONSE by WY Contractor's Assn to defendant's subpoena duces tecum (jlg) (Entered: 04/16/2001)
11 NOTICE: initial pretrial conference re-set to 5/8/01 at 10:00am in Cheyenne before Magistrate Judge William C. Beaman (cc: all counsel by fax 5/4/01) (dn) (Entered: 05/04/2001)
INITIAL PRETRIAL conference held (jg) (Entered: 05/15/2001)
12 INITIAL PRETRIAL CONFERENCE ORDER by Honorable William C Beaman motion filing deadline is 8/31/01 ; dispositive motion hearing set on 9/17/01 at 1:30pm in Casper ; plaintiff designation is 7/13/01 ; defendant designation ddl is 8/13/01 ; discovery deadline is 8/31/01 ; stipulation deadline is 9/10/01 ; final pretrial conference set on 10/22/01 at 8:30am in Casper ; jury trial set on 11/5/01 at 9:30am in Casper (#4/4 days) (cc: all counsel 5/31/01) (dn) (Entered: 05/30/2001)

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CM/ECF-LIVE-District of Wyoming - Docket Report

https://ecf.wyd.uscourts.gov/cgi-bin/DktRpt.pl?102693710087526-L_9...

06/15/2001 07/13/2001 07/13/2001 07/16/2001
07/17/2001 07/25/2001 07/31/2001 08/31/2001 09/18/2001 09/18/2001

13 MOTION by defendant to reset/continue hearing on motion for summary judgment (dn) (Entered: 06/15/2001)
14 UNOPPOSED MOTION by EEOC to amend order on initial pretrial conference referred to Magistrate Judge William C. Beaman (dn) (Entered: 07/13/2001)
15 DESIGNATION of treating physician witness by EEOC (dn) (Entered: 07/13/2001)
16 ORDER by Magistrate Judge William C. Beaman granting motion to amend order on initial pretrial conference [14-1] plaintiff designation ddl extended to 8/20/01 ; defendant designation ddl extended to 9/20/01; deadline to conduct expert depositions is 10/12/01 (cc: all counsel 7/17/01) (dn) (Entered: 07/17/2001)
17 MINUTE ORDER by Chief Judge William F. Downes granting motion to reset hearing on motion for summary judgment [13-1] ; dispositive motion hearing reset for 10/03/01 at 10:30 am (counsel mld 07/17/01) (dd) (Entered: 07/17/2001)
18 MOTION by plaintiff to compel discovery referred to Magistrate Judge William C. Beaman (dn) (Entered: 07/25/2001)
19 ORDER by Magistrate Judge William C. Beaman granting in part and denied in part motion to compel discovery [18-1] (cc: all counsel mld 7/31/01) (dktclerk) (Entered: 07/31/2001)
20 JOINT MOTION by plaintiff and defendant for dismissal with prejudice subject to consent decree (jc) (Entered: 08/31/2001)
21 CONSENT JUDGMENT by Chief Judge William F. Downes dismissing case; each party shall be responsible for and shall pay its own costs and attorneys fees (cc: all counsel mld 09/19/01) (dd) (Entered: 09/19/2001)
Docket Modification (Utility Event) terminating party WY Contractor's Assn (jg) (Entered: 04/16/2002)

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