Case 4:06-cv-03062 Document 21 Filed 01/22/2007 Page I of 8

UNITED STATES COURTS

IN

THE

UNITED

STATES

DISTRICT

COURSTOUTHERN

DISTRICT FILED

OF

TEXAS

FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

JAN g ~ 2:007

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff

M~CH~EL N. BILLY, CLEI~ OF COURT CIVIL ACTION NO. H-06-3062

MIKE ALBERT LEASING, INC., Defendant
PLEA IN INTERVENTION
TO THE HONORABLE COURT: Michael C. Beller, Intervenor, files this Plea in Intervention and respectfully shows:

Intervenor is an individual whose business address is 2441 High Timbers, Suite 100, The Woodlands, Texas 77380.
II.
Plaintiff, the Equal Employment Opportunity Commission, is an agency of the United States of America, whose local address is 1919 Smith Street, 7th Floor, Houston, Texas 77002.
Defendant, Mike Albert Leasing, is a Delaware corporation doing business in the State of Texas, and its registered agent, Corporation Service Company, has an address of 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.
The subject lawsuit was brought, in part, to provide relief to Fred Reynders (hereinafter "Reynders"), whose address is 17 Sweetleaf Court, The Woodlands, Texas 77381.
III. Intervenor has a justiciable interest in the matters in controversy in this litigation in that Intervenor is party to that certain Attorney Consultation and Fee Contract for Contingency Cases regarding Reynders termination of employment by Mike Albert Leasing, Inc. (hereinafter "Contract"). Said Contract was executed September 9, 2005, by and between Intervenor as "Attorney" and Reynders as "Client". A portion of said Contract reads as follows:
"’In consideration of serviccs rendered and to be rendered by the Attorney, the Client hereby agrees to pay to Attorney the following amounts on any settlements, monies, judgments, or other consideration which have or may be paid on this legal matter:

Case 4:06-cv-03062 Document 21 Filed 01/22/2007 Page 2 of 8
30.00 percent prior to the filing of a lawsuit; 33.33 percent if collected after said filing of a lawsuit; 40.00 percent if after a trial; and an additional 7 percent if an appeal is required to a higher
court."
"In consideration of Attorney’s services, the Client hereby sells, conveys, and assigns to the Attorney an interest to the Client’s claim and cause of action, and in any action, compromise, settlement, judgment, payment of services, profits or recovery thereon."
A copy of said Attorney Consultation and Fee Contract for Contingency Cases is attached hereto as Exhibit "A" and made a part hereof.
IV. Intervenor’s claim in connection with the ongoing litigation and the parties to this suit is that Intervenor was retained on or about September 9, 2005, by Reynders to represent him in a claim against Defendant for age discrimination. Intervenor interviewed witnesses, corresponded with Defendant, Mike Albert Leasing, advised, counseled and assisted Reynders with his claim and communicated with Plaintiff on behalf of Reynders concerning his claim. Plaintiff determined Defendant had engaged in age discrimination and decided to file charges on behalf of Reynders. Reynders subsequently terminated the attorney-client relationship with Intervenor. Intervenor retains an assignment of interest in any claim, cause of action, compromise, settlement, judgment or recovery which may be granted to Reynders in the subject lawsuit pursuant to the Attorney Consultation and Fee Contract for Contingency Cases. Intervenor has properly notified all parties of said connection with the ongoing litigation and above-described assignment of interest.
PRAYER FOR RELIEF Intervenor requests that the parties take notice of the filing of this Plea in Intervention, and that on final hearing Intervenor have judgment as follows: 1. Damages in a sum within the jurisdiction of this Court. 2. Pre- and post-judgment interest as provided by law. 3. Costs of suit. 4. Such other and further relief to which Intervenor may be justly entitled.

Case 4:06-cv-03062 Document 21 Filed 01/22/2007 Page 3 of 8

Respectfully submitted,

Mich~e~ C. Beller Texas Bar No. 02105780 2441 High Timbers, Suite 100 The Woodlands, Texas 77380 Tel. (281)362-0220 Fax. (281 )465-0578

CERTIFICATE OF SERVICE

I certify that on ~’(Zr~. I~ Intervention was served as follows:

., 2007, a true and correct copy ofthe above Plea in

VIA TELEFAX: 713-209-3402 Ms. Aimee L. McFerren Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston, Texas 77002-8049

VIA TELEFAX: 513-381-0205 Mr. Mark J. Stepaniak Taft, Stettinius & Hollister, L.L.P. 425 Walnut Street, Suite 1800 Cincinnati, Ohio 45202-3957

Case 4:06-cv-03062 Document 21 Filed 01/22/2007 Page 4 of 8
ATTORNEY CONSULTATION AND FEE CONTRACT FOR CONTINGENCY CASES
THIS AGREEMENT is made between Fred Reynders hereinafter referred to as the "Client", and Michael C. Beller, of The Woodlands, Montgomery County, Texas, hereinafter referred to as the "Attorney":
In consideration of the mutual promises herein contained, the parties hereto agree as follows: I. PURPOSE OF REPRESENTATION
1.01 The Client hereby retains and employs the Attorney to sue for and recover all damages and compensation to which the Client may be entitled as well as to compromise and settle all claims described below:
Do to his termination of employment by Mike Albert Leasing, Inc.
I1. ATTORNEY’S FEES AND EXPENSES 2.01 In consideration of services rendered and to be rendered by the Attorney, the Client hereby agrees to pay to Attorney the following amounts on any settlements, monies, judgments or other consideration which have or may be paid on this legal matter: 30.00 percent prior to the filing of a lawsuit, 33.33 percent if collected after said filing of a lawsuit, 40.00 percent if after a trial and an additional 7 percent if an appeal is required to a higher court. It is agreed and understood that if the amount of attorney’s fees on this claim or cause of action, are regulated or governed by law, and that law precludes any other fee arrangement other than the amount set by the law or regulation, then the amount payable hereunder to said Attorney shall be limited to the maximum so allowed by law.
II. ASSIGNMENT OF INTEREST 3.01 In consideration of Attorney’s services, the Client hereby sells, conveys, and assigns
Exhibit "A"

Case 4:06-cw03062 Document 21 Filed 01/22/2007 Page 5 of 8

to the Attorney an interest to the Client’s claim and cause of action, and in any action, compromise, settlement, judgment, payment of services, profits or recovery thereon.

3.02 All sums that may come due and payable under this contingency fee agreement, are

due at the Attorney’s office in Montgomery Texas.

IV. APPROVAL NECESSARY FOR SETTLEMENT

4.01 The Attorney is hereby authorized to enter into any and all settlement negotiations

on behalf of those whom Attorney represents as the Attorney deems appropriate. This includes, but is not limited to, the Attorney’s prerogative to pursue cash or structured payment settlement negotiations.

4.02 Client hereby grants unto Attorney a power of attorney to handle negotiations and

settlement discussions regarding the obtaining of possession of any and all monies or other things of value subject of the matter due to the Client under this claim as fully as the Client could do so in

person. a.

This expressly includes the right to sign Client’s name on and to any insurance

company drafts, money orders, cashier’s checks, checks or other negotiable instruments made

payable to the Attorney and the Client, the Attorney, or to the Client without the joinder of the

Attorney, submitted to the Attorney on behalf of the Client in full or partial settlement of this case.

b. This limited power of attorney further authorizes the Attorney to place these monies, referred to above, in the Attorney’s trust account and from that trust account, make distributions and

payments to the Attorney for the agreed to fee stated above, reimbursement to Attorney for any and

all expenses incurred by the Attorney in handling this case, payments to Client of Client’s interest

in the monies recovered as stated above, and payments to parties other than Client and Attorney for

their services performed, fees charged or bills rendered in connection with representing Client,

including but not limited to medical bills, court reporter fees, deposition fees, investigative services,

costs of exhibits or other special expenses incurred by Attorney on behalf of Client. 4.03 No settlement of any nature shall be made for any of the aforesaid claims or profits
of the Client without the complete approval of the Client, nor shall the Client obtain any settlement

Case 4:06-cv-03062 Document 21 Filed 01/22/2007 Page 6 of 8
on the aforesaid claims without the complete approval of the Attorney. 4.04 Attorney is hereby granted a limited power of attorney so that he or she may have full
authority to prepare, sign and file all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to conclude this representation including settlement and/or reduce to possession any and all monies or other things of value due to the Client under this claim as fully as the Client could do so in person.
V. REPRESENTATIONS 5.01 It is understood and agreed that the Attorney cannot warrant or guarantee the outcome of the case and the Attorney has not represented to the Client that the Client will recover all or any of the funds so desired. The Client has also been informed that obtaining a judgment does not guarantee that the opposing party will be able to satisfy the judgment.
VI. DEDUCTION OF EXPENSES 6.01 All reasonable expenses incurred by the Attorney in the handling of this project shall be paid by the Client at the time they are incurred. 6.02 The expenses contemplated above, include but are not limited to any and all out of pocket expenses incurred in connection with this case, including but not limited to the following expenses: filing fees, court costs, certified copies of documents, pleadings, orders etc., transcripts, depositions, duplication costs, postage, office supplies, photographs, trial exhibits, long distance phone & fax calls, appraisal fees, consultants, expert witnesses and other fees associated with preparation and trial testimony, investigation fees, delivery charges, overnight mail/parcel services, parking, toll road & mileage expenses, out of town expenses including travel expense, air fare, hotels, meals, and any other expense incurred in connection with the matter.
VII. COOPERATION OF CLIENT 7.01 The Client shall keep the Attorney advised of the Client’s whereabouts at all times, and provide the Attorney with any changes of address, phone number or business affiliation during the time period which Attorney’s services are required, and shall comply with all reasonable requests of the Attorney in connection with the preparation and presentation of the aforesaid representation.

Case 4:06-cv-03062 Document 21 Filed 01/22/2007 Page 7 of 8
7.02 The Attorney may, at his option, withdraw from the case and cease to represent the Client for any reason, including without limitation Client’s failure to timely pay fees and expenses or deposits for same in accordance with this Agreement, subject to the professional responsibility requirements to which attorneys are subject.
It is further understood and agreed between the parties that upon such termination of any services of the Attorney, any of Client’s deposits remaining in Attorney’s Trust Account shall be applied to any balance remaining owing to Attorney for fees and/or expenses and any surplus then remaining shall be refunded to Client.
VIIl. ASSOCIATION OF OTHER ATTORNEYS 8.01 The Attorney may, at the sole discretion and expense of the Attorney, associate any other attorneys in the representation of the aforesaid claims of the Client. 8.02 The Attorney may assign or refer this case to another attorney. The other attorney may or may not be associated with the undersigned Attorney. The other attorney may pay the undersigned Attorney a referral fee out of the total attorneys fees paid in this matter if allowed by the professional responsibility requirements to which attorneys are subject to. 8.03 The rights set forth in this agreement are subject to the professional responsibility requirements which regulate attorneys.
IX. TEXAS LAW TO APPLY 9.01 This Agreement shall be construed under and in accordance with the laws of Texas, and all obligations of the parties created hereunder are performable in Montgomery County, Texas.
X. PARTIES BOUND 10.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement.
XI. LEGAL CONSTRUCTION 11.01 In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or

Case 4:06-cv-03062 Document 21 Filed 01/22/2007 Page 8 of 8

unenforceability shall not affect any other provisions thereof and this Agreement shall be construed

as if such invalid, illegal, or unenforceable provision had never been contained herein. XII. PRIOR AGREEMENTS SUPERSEDED

12.01 This Agreement constitutes the sole and only Agreement of the parties and supersedes

any prior understandings or ~vritten or oral agreement between the parties respecting the within

subject matter. I certify and acknowledge that I have had the opportunity to read this Agreement. I further

slate that I have voluntarily entered into this Agreement fully aware of its terms and conditions.

Signed on this ~l~ , !

day of ,~a{O~("", 2005.

Prin~~ ~--~

Signed on this

day of,~~’¢"~ , 2005.
BY: ~ //~ichael C. Belier 2441 High Timbers,Suite 100 The Woodlands, Texas 77380 (281) 362-0220, (28 l) 465-0578 (telet~x) Texas Bar No. 02105780

 
 Unfted States Courts SouifIlm District of Texas
FILED

SEP 2 9 2006

IN THE UNITED STATES DISTRICT COURT

fIcbaaI N. _ , Clark

FOR THE SOUTHERN DISTRICT OF TEXAS
I HOUSTON DIVISION

- 0 6 EQUAL EMPLOYMENT

§

"

OPPORTUNITY COMMISSION

§

§

Plaintiff,

§

CIVIL ACTION NO.

§

v.

§

§

JURY TRIAL DEMANDED

MIKE ALBERT LEASING, INC.

§

§

Defendant.

§

---------------------------§

ORIGINAL COMPLAINT

1. This is an action under the Age Discrimination in Employment Act brought by the

Equal Employment Opportunity Commission ("the Commission") to correct unlawful and

discriminatory employment practices on the basis of age and to provide appropriate relief to Fred

Reynders. As alleged with greater particularity in paragraphs 9-16 below, in July 2005

Defendant fired Fred Reynders, because of his age, from his position as Area Manager for fleet

sales..

JURISDICTION AND VENUE

2. 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 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 626(b) (the "ADEA"),

which incorporates by reference §§ 16 (c) and 17 of the Fair Labor Standards Act of 1938 (the

"FLSA"), as amended, 29 U.S.C. §§216(c) and 17.

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

jurisdiction of the United States District Court for the Southern District of Texas, Houston

Division.

PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No.1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 5. Defendant Mike Albert Leasing ("MAL"), Inc., is a Delaware corporation. At all relevant times, Defendant has continuously been doing business in the State of Texas and the City of Houston, and has continuously had at least 20 employees. Defendant may be served by serving its registered agent for service of process, Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. 6. At all relevant times, Defendant MAL, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 11 (b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 7. Prior to institution of this lawsuit, the Commission's representatives attempted III good faith to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 8. Fred Reynders was born in 1945. In 1997, he began working for Defendant. Reynders worked as an Area Manager for fleet sales.
-2-

9. At a June 2004 sales meeting, Defendant's President Ms. Marty Betag9le commented that Defendant's sales force was "old and aging," and that the company needed some fresh young blood.
10. Reynders's sales numbers were better than those of the majority of his peers. In his last Exempt Employee Progress Evaluation Form, signed in November 2004, he received "Exceeds Expectations" ratings for several categories, and no "Unsatisfactory" ratings.
11. Of approximately twenty (20) Area Managers for fleet sales, Reynders was Defendant's oldest in Spring 2005.
12. In April 2005, Defendant fired its second oldest Area Manager for fleet sales. After his termination, his sales territory was covered by a substantially younger person.
13. In early May 2005, Defendant imposed on Charging Party a "plan" of supposed "business goals." Defendant threatened Reynders with termination if the goals were not met by July 2005.
14. The "business goals" were intentionally unrealistic and unattainable. Reynders was set up to fail. He did not meet the sham "goals."
15. In July 2005, Defendant fired Reynders. 16. Reynders was discharged because of his age in violation of §4(a)(1) of the ADEA, 29 U.S.c. §623 (a)(1). 17. The effect of the practices complained of above have been to deprive Reynders of equal employment opportunities and otherwise adversely affect his status as an employee, because of his age. 18. The unlawful employment practices complained of above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.c. §626(b).
-3-

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Mike Albert Leasing, Inc., 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 age against individuals 40 years of age and older. B. Order Defendant MAL to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant to pay appropriate back wages m an amount to be determined at trial, and an equal sum as liquidated damages, and prejudgment interest to Reynders. D. Order Defendant MAL to make Reynders whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to reinstatement or, in lieu of reinstatement, front pay. E. Grant such further relief as the Court deems necessary and proper in the public interest. F. 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.
Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
-4-

RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
{kWiwr;.~
Aimee L. McFerren Trial Attorney Attorney-in-Charge Kentucky Bar No.: 89912 Southern District No.: 36953 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209-3390 Fax: (713) 209-3402
OF COUNSEL:
Jim Sacher Regional Attorney
Rose Adewale-Mendes Supervisory Trial Attorney Equal Employment Opportunity Commission 1919 Smith Street, 6th Floor Houston, Texas 77002
-5-

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

vs.

§

§

MIKE ALBERT LEASING, INC.,

§

Defendant.

§

CIVIL ACTION H-06-3062

ORDER

This discovery dispute has its genesis in plaintiff’s last minute cancellation of

the deposition of Mike Hardesty, noticed for July 17, 2007 in Cincinnati, Ohio, due to a recent change in counsel and the need to review documents.1 Defense counsel

objected to the cancellation because he had purchased non-refundable airline tickets

to travel to Ohio. Counsel cross-noticed the Hardesty deposition in order to preserve

his ability to seek costs for the travel in the event the deposition did not go forward.

Plaintiff’s counsel did not appear at the July 17, 2007 cross-noticed deposition.

Plaintiff now seeks to depose Hardesty, as well as other four other corporate representatives of defendant.2 Defense counsel objects to a second deposition of

1

The district court has referred the pending motions (Dkts. 30, 32, 35) to this magistrate judge

for resolution (Dkts. 31, 39, 40).

2

Plaintiff has noticed the depositions of Hardesty, Jim Fitzgerald, Marty Betagole, Mike Pohl,

and Steve Johnson for August 14-16, 2007 in Cincinnati, Ohio, where they live and work.

Hardesty, as well as the other depositions, because all the depositions could have taken place during his July 17, 2007 trip to Ohio.
As is the case with most discovery disputes, compromise is in order. Plaintiff’s counsel’s last minute cancellation of the Hardesty deposition was inconvenient and apparently a result of poor planning. Plaintiff’s counsel’s conduct did cause defense counsel to incur expenses that could have been avoided and thus should be compensated. However, that conduct does not rise to the level of sanctionable misbehavior that should preclude plaintiff from needed discovery, including the deposition of Hardesty, and defense counsel’s refusal to cooperate on further depositions is unreasonable. It is therefore
ORDERED that Plaintiff’s motion for protection from defendant’s “crossnotice” of Mike Hardesty (Dkt. 30) is granted in part and denied in part. It is further
ORDERED that Plaintiff’s counsel shall pay defense counsel for his travel costs related to the July 17, 2007 deposition. Defense counsel shall provide receipts or other evidence to support the actual amount of his reimbursement request. It is further
ORDERED that Defendant’s motion for protective order (Dkt. 32) is denied and Plaintiff’s motion to compel depositions and for expedited consideration (Dkt. 35) is granted. It is further
2

ORDERED that counsel shall cooperate to schedule plaintiff’s depositions of Hardesty, Fitzgerald, Betagole, Pohl, and Johnson in Cincinnati, Ohio on August 1416 as noticed, or at other mutually agreed upon times prior to the discovery deadline of September 28, 2007.
Signed at Houston, Texas on August 8, 2007.
3

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

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION, §

§

Plaintiff,

§

§

v.

§

§

MIKE ALBERT LEASING, INC., §

§

Defendant.

§

§

Civil Action No. H-06-3062

ORDER

Pending before the Court is Defendant Mike Albert Leasing, Inc. 's Motion for

Complete Summary Judgment (Document No. 47). Having considered the motion,

submissions, and applicable law, the Court determines the motion should be denied.

Accordingly, the Court hereby

ORDERS that Defendant Mike Albert Leasing, Inc.'s Motion for Complete

Summary Judgment (Document No. 47) is DENIED.

3 SIGNED at Houston, Texas, on this

day of December, 2007.

DAVID HITTNER United States District Judge

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EEOC, Plaintiff,
V.
Mike Albert Leasing, Defendant.

§

§

§

§

C.A. No. 4:06-3062

§

§

§

ORDER OF DISMISSAL

The Court having been advised by counsel for the parties that

an amicable settlement has been reached in this action, it is

ORDERED that this cause be, and is hereby, dismissed on the

merits without prejudice to the right of counsel of record to move

for reinstatement within ninety days (90) days upon presentation of

adequate proof that final approval of the settlement could not be

obtained from the respective principals for whom counsel act. It

is further

ORDERED that all motions currently pending are DENIED WITHOUT

PREJUDICE. Any movant seeking to resubmit or reurge those motions

must do so with ten (10) days from the date of reinstatement.

SIGNED at Houston, Texas on this

day of December,

2007.

United States District Judge

 
 Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 1 of 13

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

) CIVIL ACTION NO. H-06-3062

vs.

)

)

MIKE ALBERT LEASING, INC.

)

Defendant.

)

CONSENT DECREE

THIS CONSENT DECREE is made and entered into by and between the Equal

Employment Opportunity Commission (the "EEOC") and Mike Albert Leasing, Inc.

("Defendant"), (collectively "the Parties") in the United States District Court for the

Southern District of Texas, with regard to the EEOC's Complaint, filed in Civil

Action No. H-06-3062. The Complaint was based upon a Charge of Discrimination

filed by Fred Reynders ("Mr. Reynders"), Charging Party, against the Defendant,

Charge No. 330-2006-01263.

The above referenced Complaint filed by the EEOC alleges that Defendant

violated the Age Discrimination in Employment Act ("ADEA") by discharging Mr.

Reynders from his position on account ofor because ofhis age. Defendant denies the

allegations made in the Complaint filed by the EEOC.

The Parties acknowledge that bona fide disputes and controversies exist

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 2 of 13
between them, both as to liability and the amount thereof, and by reason of such disputes and controversies, they desire to compromise and settle all claims and causes ofaction ofany kind whatsoever which the Parties have or may have arising out ofthe transaction or occurrence which is the subject ofthe Complaint brought by the EEOC. It is further understood and agreed that this is a compromise of a disputed claim, and nothing contained herein shall be construed as an admission ofliability by any Party, all such liability being expressly denied.
The EEOC and Defendant agree to compromise and settle the differences embodied in the Complaint filed by the EEOC, and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree").
NOW, THEREFORE, in consideration ofthe mutual promises and agreements set forth herein, the sufficiency ofwhich is hereby acknowledged, the Parties agree as follows, the Court finds appropriate, and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in the EEOC Charge referenced above. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives any further claims and/or litigation on all issues raised in the above-referenced Charge and Complaint. This Consent Decree
2

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 4 of 13
5. Defendant shall complete and post the Notice appended hereto as Attachment "A" on the employee bulletin board at the headquarters of Mike Albert Leasing, Inc., located in Cincinnati, Ohio, and shall distribute the Notice to all employees by email.facsimiletransmission.orU.S.mail. within thirty (30) days after the entry of this Consent Decree. Defendant shall report to the EEOC that it has complied with this requirement within fourteen (14) days after posting the Notice. The Notice shall remain posted at all times for four (4) years from the date of signing.
6. Defendant agrees to enforce its policies prohibiting discrimination in the workplace, including age discrimination, and its complaint procedures for employees to notify Defendant of any alleged complaints of discrimination.
7. For each year that the Consent Decree is in effect, Defendant agrees to and shall conduct an annual training session(s) for all supervisory employees, including managers and assistant managers employed by Defendant, advising them of the requirements and prohibitions ofthe federal anti-discrimination laws with a special emphasis on the ADEA. The training will inform the supervisory employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating the federal anti-discrimination laws. The training shall be at least two (2) hours in duration. The first ofthese sessions shall be held within 120 days ofthe entry
4

Case 4:06-cv-03062 Document 59-2 Filed 0212012008 Page 3 of 13
in no way affects the EEOC's right to process or litigate charges other than the abovereferenced charge, and the EEOC makes no waiver of such right.
2. Defendant is hereby enjoined from violating the provisions ofthe ADEA in all its employment practices. Defendant shall comply with all provisions and requirements of the ADEA and shall conduct all employment practices in a manner which does not subject any employee to discrimination on the basis of age as prohibited by the ADEA. Such employment practices include, but are not limited to, recruiting, screening, interviewing, selecting, disciplining, promoting, demoting, and terminating employees.
3. The Parties further agree that this Consent Decree does not constitute an admission by the Defendant of any violation ofany federal law or any law over which the Court has jurisdiction in this matter.
4. Defendant is also hereby enjoined from engaging in any discrimination or retaliation of any kind against any person working for Defendant because of opposition to any practice declared unlawful under the ADEA or because of (I) filing a charge ofdiscrimination; or (2) giving testimony or assistance or participating in any manner in any investigation, proceeding or hearing under the ADEA. Defendant shall take all reasonable and necessary steps to insure that such discrimination or retaliation does not occur within its workplace.
3

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 5 of 13
ofthis Consent Decree. Defendant may elect for the supervisory employees described herein to complete this training in-person, by video presentation, or through on-line training. Defendant may also elect for one (1) hour of the two (2) hours of training required under this paragraph to be fulfilled through attendance at the training described in paragraph 8.
8. Further, for each year the Consent Decree is in effect, Defendant agrees to provide annual general in-person anti-discrimination training sessions for all employees working for Defendant, said training to be at least one (1) hour in duration. The training shall include information about the complaint procedure for individuals who believe they have experienced discrimination. The first ofthese training sessions shall be held within 120 days of the entry of this Consent Decree. However, employees working outside ofthe State ofOhio may complete this training in-person, by video presentation, or through on-line training.
9. At least 30 days prior to each in-person and video training session described in paragraphs 7 and 8 ofthis Consent Decree, Defendant agrees to and shall provide to the EEOC the name of the instructor, his or her title or affiliation (if the training is not provided in-house), and the qualifications of the individual for conducting the training. The curriculum for supervisors shall include training which advises them of the requirements and prohibitions of the federal anti-discrimination
5

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 6 of 13
laws with a special emphasis on the ADEA. The curriculum for all employees shall include training regarding the complaint procedure for individuals who believe they have experienced discrimination, and advising the employees ofthe consequences of violating the federal anti-discrimination laws.
The person who shall administer the training shall be either an attomey(s) or person(s) possessing at least five (5) years of experience in labor and employment law. At least 30 days prior to officially designating anyon-line training sessions described in paragraph 7 of this Consent Decree for use by its managers and supervisors, Defendant agrees to and shall provide to the EEOC all ofthe information described above, to the extent it is available, as well as the name and web address of the resource to be utilized for on-line training.
10. No more than 30 days after each such in-person training seSSIOn described in paragraphs 7 and 8 of this Consent Decree is conducted, Defendant agrees to and shall provide written notice to the EEOC as to the date and location of the training and the name of the person providing the training. Defendant shall also provide a written acknowledgment of receipt of the training by each and every individual who attends the training, which legibly includes each such individual's name, signature and job title. Defendant may utilize a group sign-in sheet for this purpose so long as all the information required herein is provided. For each video and
6

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 7 of 13
on-line training session, Defendant shall provide an individual acknowledgment form to be signed by each individual who completes such a session. The form shall include the name of each such individual, his or her job title, and his or her location by city and state. Defendant may utilize an acknowledgment form supplied by an on-line trainer so long as the form includes the information required herein.
11. Defendant agrees to and shall remove from all its personnel files pertaining to Mr. Reynders all documents, entries and references relating to: the facts and circumstances which led to the filing ofhis Charge ofDiscrimination; the Charge itself; and the Complaint filed by the EEOC in federal court based upon the Charge. Defendant shall segregate any such documents and maintain them in a separate litigation file which shall be maintained at a location at its Cincinnati, Ohio office other than the one housing the personnel file ofMr. Reynders. Defendant shall report to the EEOC within 30 days of the entry of this Consent Decree regarding its compliance with this paragraph 11.
12. Defendant agrees to pay to Fred Reynders the total sum ofOne Hundred Thousand and nollOO dollars ($100,000.00) (the "Settlement Payment") in full and final settlement of all claims which were or could have been raised in this cause inclusive of costs and attorneys' fees.
7

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 8 of 13
13. The Settlement Payment shall be made as set forth in paragraphs 12, 13 and 14. The sum of Sixty-Six Thousand Six Hundred Sixty-Six and 67/100 Dollars ($66,666.67) ("Payment Portion") shall be tendered to the EEOC within two (2) business days upon entry of this Consent Decree. The EEOC agrees to hold the Payment Portion in trust for the full seven (7) day mandatory period required under the OWPBA after Mr. Reynders has executed the Full and Complete Release and Indemnity Agreement. However, if within this seven day period Mr. Reynders revokes the Full and Complete Release and Settlement Agreement, the EEOC agrees to return the Payment Portion and all parties agree to set a hearing to revise this Consent Decree accordingly. As time is of the essence in the payment of$66,666.67 to Mr. Reynders, the EEOC may exercise its option to seek immediate judicial enforcement of the payment of the Payment Portion to Mr. Reynders, as set forth in paragraphs 20 and 21 of this Consent Decree. The Parties agree that no one has a claim on any portion of the Payment Portion other than Fred Reynders.
14. The remaining portion of the Settlement Payment in the sum of ThirtyThree Thousand Three Hundred Thirty-Three and 33/100 Dollars ($33,333.33) (hereinafter "the Remaining Portion"), shall be paid as follows: Defendant shall pay the Remaining Portion into the Registry of the Court within ten (10) days following entry ofthis Consent Decree by the Court. Such payment shall be made in compliance
8

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 9 of 13
with the provisions and procedures set forth at 28 U.S.c. §§ 2041 & 2042, Federal Rule of Civil Procedure 67 and General Orders 83-6 & 88-15.
15. Any withdrawal(s) of the Remaining Portion shall be made pursuant to the order of this Court upon motion filed by the EEOC in compliance with the provisions and procedures set forth at 28 U.S.C. §§ 2041 & 2042, Federal Rule of Civil Procedure 67 and General Orders 83-6 & 88-15.
16. The Parties agree that no one has a claim on any portion of the Remaining Portion other than Fred Reynders and/or Michael Beller. Thus, any costs or legal fees incident to the resolution of any alleged breach of this Consent Decree shall be born by the respective Parties and shall not ever be conceived as a claim against the Remaining Portion. In limiting the stakeholders in this paragraph to Messrs. Reynders and Beller, there is no implication, admission or agreement by either Party that Mr. Beller is entitled to share in any portion of the aforesaid Remaining Portion or the Settlement Payment generally.
17. With regard to each payment of the Settlement Payment and the Remaining Portion, Defendant shall simultaneously report to the EEOC that the payment has been made. All reports to the EEOC required by this Decree shall be
sent to Connie K. Wilhite, Trial Attorney, EEOC, 1919 Smith St., i h Floor, Houston,
Texas 77002.
9

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 10 of 13
18. This Consent Decree shall be binding on Defendant and all of Defendant's successors-in-interest, and Defendant shall notify all such successors-ininterest of the existence and terms of this Consent Decree.
19. Neither the EEOC nor Defendant shall contest the validity of this Consent Decree nor the retained and continuing jurisdiction of the federal district court to enforce this Consent Decree and to permit entry of such further orders or modifications as may be appropriate.
20. Nothing in this Consent Decree shall be construed to preclude the EEOC from enforcing this Decree in the event Defendant fails to perform the promises, agreements, representations and orders contained herein. The EEOC shall be authorized, upon beliefthat a material breach ofthis Consent Decree has occurred, to seek compliance with the Consent Decree through civil action in the United States District Court. The EEOC also reserves the right to seek contempt sanctions for nonpayment and/or other non-compliance with this Consent Decree.
21. Prior to seeking enforcement of this Consent Decree, as described in paragraph 20, the EEOC shall provide notice to Defendant of Defendant's noncompliance. For any alleged breach other than non-payment of any portion of the Settlement Payment, the Parties shall mediate the claim of non-compliance by Defendant within thirty (30) days ofthe date ofsaid notice, with each Party to bear its
10

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 11 of 13
own costs. If the Parties are unable to mediate the claim within thirty (30) days ofthe date of notice by the EEOC due to any failure on the part of Defendant to participate in scheduling or attending said mediation, the EEOC shall be authorized to immediately seek compliance with this Consent Decree through civil action in the United States District Court, as set forth in paragraph 20 ofthis Consent Decree. For any alleged breach ofthe payment ofany portion ofthe Settlement Payment, set forth in paragraphs 12, 13 and 14 above, the EEOC shall notify the Defendant of the default, in writing to its undersigned counsel, and shall retain the right to seek immediate judicial enforcement of the specified terms ofthis Consent Decree if such breach is not corrected within five (5) business days after notice of the breach.
22. Nothing in this Consent Decree shall be construed to preclude the EEOC from filing a separate action under the ADEA or any other statute which the EEOC enforces in the future for any alleged violations by Defendant not resolved by this Consent Decree and the agreements of the Parties set forth herein.
23. The Parties to this Consent Decree agree to bear their own costs and attorney's fees associated with this lawsuit and any dispute related to the Consent Decree.
24. All claims brought by Intervenor Michael Beller ("Intervenor") are hereby dismissed with prejudice in their entirety as against all Parties to this lawsuit in
11

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 12 of 13

consideration ofthe payment ofthe Remaining Portion ofthe Settlement Payment, as

described in paragraph 14 herein, into the Registry of the Court, and the Full and

Complete Release and Indemnity Agreement executed by Intervenor.

25. The term of this Decree shall be for four (4) years.

~....J~SO ORDERED, ADJUDGED AND DECREED this t.. , day of

~ 2008.

( ~,~ \ ,~I~L...:L':- :::__.

THE HONORABLE DAVID HITTNER UNITED STATES DISTRICT COURT JUDGE

12

Case 4:06-cv-03062 Document 59-2 Filed 02/20/2008 Page 13 of 13
AGREED AS TO FORM AND SUBSTANCE:
FOR THE PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:
JAMES SACHER, Texas State Bar No. 17503300 Regional Attorney
ROSE ADEWALE-MENDES, Ohio State Bar No. 0024652 Supervisory Trial Attorney
lsi Connie K. Wilhite- CONNIE K. WILHITE, Texas State Bar No. 00792916 S.D. Tex No. 23624 Trial Attorney Houston District Office 1919 Smith St., 7th Floor Houston, Texas 77002 Tel. No. 713-209-3390; Fax No. 713-209-3402
FOR DEFENDANT MIKE ALBERT LEASING, INC.:
~sl Patrick Smith, by perm's. CKW_ _ PATRICK SMITH, Texas State BarNo. 00797458 S.D. Tex No. 21740
RAMSEY & MURRAY, P.e.
800 Gessner, Suite 1100 Houston, Texas 77024 Tel. No. 713-613-5400; Fax No. 713-613-5414
FORINTERVENTOR, MICHAEL BELLER
_lsi Andy McCormick, by perm's CKW_ _ ANDY MCCORMICK, Texas State BarNo. 13457100 5909 West Loop South, Suite 5500 Bellaire, TX 77401 Phone: 713)523-0400
13

 
 Case: 4:06-cv-3062 As of: 05/31/2017 10:34 AM CDT 1 of 6

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:06−cv−03062

CLOSED,MOTREF

Equal Employment Opportunity Commission v. Mike Albert Leasing Inc Assigned to: Judge David Hittner Cause: 29:626 Job Discrimination (Age)
Plaintiff

Date Filed: 09/29/2006 Date Terminated: 12/06/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Aimee Lynn McFerren EEOC 1919 Smith 7th Floor Houston, TX 77002 713−209−3390 Fax: 713−209−3402 Email: aimee.mcferren@eeoc.gov TERMINATED: 07/11/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Connie Wilhite Gatlin EEOC 1919 Smith St. 6th Floor Houston, TX 77002 713−651−4976 Fax: 713−651−7995 Email: connie.wilhite@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Mike Albert Leasing Inc

represented by Mark J Stepaniak Taft, Stettinius & Hollister LLP 425 Walnut Street Suite 1800 Cincinnati, OH 45202−3857 513−381−2838 Fax: 513−381−0205 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick Nichols Smith Bush & Ramirez, PLLC 5615 Kirby Drive Suite 900 Houston, TX 77005 713−626−1555 Fax: 713−622−8077 Email: psmith.atty@bushramirez.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachel S Zahniser TERMINATED: 08/08/2007

Case: 4:06-cv-3062 As of: 05/31/2017 10:34 AM CDT 2 of 6

Intervenor Plaintiff Michael C. Beller

represented by Andrew P McCormick McCormick, Lanza & McNeel, LLP 4950 Bissonnet Street Bellaire, TX 77401 713−523−0400 Fax: 713−523−0408 Email: andy@mmtxtrial.com ATTORNEY TO BE NOTICED
Michael Carl Beller Attorney at Law 2441 High Timbers Ste 100 The Woodlands, TX 77380 281−367−0220 Email: mike@michaelbeller.com ATTORNEY TO BE NOTICED

Date Filed 09/29/2006
09/29/2006 09/29/2006
10/03/2006 10/06/2006 10/31/2006 10/31/2006 11/02/2006 11/02/2006 11/02/2006 11/02/2006 11/07/2006 11/07/2006 11/21/2006

# Docket Text
1 COMPLAINT against Mike Albert Leasing Inc (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(bdaniel, ) Additional attachment(s) added on 10/2/2006 (hler, ). (Entered: 09/29/2006)
Summons Issued as to Mike Albert Leasing Inc , filed.(bdaniel, ) (Entered: 09/29/2006)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/13/2006 at 10:00 AM in Courtroom 702 before Magistrate Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (bdaniel, ) (Entered: 09/29/2006)
Fee waived re: 1 Complaint , filed. (agould, ) (Entered: 10/03/2006)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 10/06/2006)
4 MOTION for Mark J Stepaniak to Appear Pro Hac Vice by Mike Albert Leasing Inc, filed. Motion Docket Date 11/20/2006. (sbyrum, ) (Entered: 11/02/2006)
5 MOTION for Rachel Zahniser to Appear Pro Hac Vice by Mike Albert Leasing Inc, filed. Motion Docket Date 11/20/2006. (sbyrum, ) (Entered: 11/02/2006)
6 PROPOSED ORDER on Motion to Transfer Venue (Motion not on file at this time) , filed.(chorace, ) (Entered: 11/03/2006)
7 ANSWER to Complaint by Mike Albert Leasing Inc, filed.(ypippin, ) (Entered: 11/06/2006)
8 CERTIFICATE OF INTERESTED PARTIES by Mike Albert Leasing Inc, filed.(ypippin, ) (Entered: 11/06/2006)
9 MOTION to Transfer Venue to Southern District Of Ohio by Mike Albert Leasing Inc, filed. Motion Docket Date 11/22/2006. (ypippin, ) (Entered: 11/06/2006)
10 ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Mark J. Stepaniak .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/08/2006)
11 ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Rachel S. Zahniser.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 11/08/2006)
12 RESPONSE to 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit # 2 Proposed Order # 3)(McFerren, Aimee) (Entered: 11/21/2006)

Case: 4:06-cv-3062 As of: 05/31/2017 10:34 AM CDT 3 of 6

12/01/2006 12/05/2006 12/05/2006 12/05/2006 12/06/2006 12/11/2006 12/13/2006
12/13/2006
01/22/2007 01/29/2007 02/06/2007 02/06/2007 02/07/2007 02/21/2007 07/11/2007 07/17/2007
07/18/2007 07/19/2007

13 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 12/01/2006)
14 MOTION for Leave to File Memorandum in Support of Motion to Transfer Venue by Mike Albert Leasing Inc, filed. Motion Docket Date 12/26/2006. (Attachments: # 1 Proposed Order)(sbyrum, ) (Entered: 12/06/2006)
15 REPLY Memorandum in Support of 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Mike Albert Leasing Inc. (sbyrum, ) (Entered: 12/06/2006)
16 SUPPLEMENTAL Declaration of Michael T Hardesty by Mike Albert Leasing Inc, filed.(sbyrum, ) (Entered: 12/06/2006)
17 ORDER granting 14 Motion for Leave to File Reply Memorandum.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/07/2006)
18 SURREPLY to 9 MOTION to Transfer Case to Southern District Of Ohio, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(McFerren, Aimee) (Entered: 12/11/2006)
19 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 12/13/2006. Scheduling order issued. Appearances: Aimee Lynn McFerren, Patrick Nichols Smith, Rachel S Zahniser.(ERO:C. Peebles), filed.(jmarchand) (Entered: 12/13/2006)
20 SCHEDULING ORDER: Trial Term: January/February 2008. ETT: 4 days. Jury trial. Amended Pleadings due by 4/2/2007. Joinder of Parties due by 2/1/2007. Pltf Expert Witness List due by 3/1/2007. Deft Expert Witness List due by 4/2/2007. Discovery due by 9/28/2007. Dispositive Motion Filing due by 10/19/2007. Non−Dispositive Motion Filing due by 10/19/2007. Joint Pretrial Order due by 12/28/2007.( Signed by Judge Stephen Wm Smith ) Parties notified.(jmarchand) (Entered: 12/13/2006)
21 INTERVENOR COMPLAINT against Mike Albert Leasing Inc filed by Michael C. Beller.(pawilliams, ) (Entered: 01/23/2007)
22 MOTION to Strike Plea in Intervention by all defendants, filed. Motion Docket Date 2/20/2007. (Smith, Patrick) (Entered: 01/29/2007)
23 MOTION for Protective Order by all defendants, filed. Motion Docket Date 2/26/2007. (Smith, Patrick) (Entered: 02/06/2007)
24 Proposed Agreed Protective Order by all defendants, filed. (Smith, Patrick) Modified on 2/16/2007 (ltien, ). (Entered: 02/06/2007)
25 AGREED PROTECTIVE ORDER.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/08/2007)
26 ORDER denying 9 Motion to Transfer Case ; denying 22 Motion to Strike Plea in Intervention.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/23/2007)
27 NOTICE of attorney substitution by Equal Employment Opportunity Commission. Attorney Connie K. Wilhite added. Attorney Aimee Lynn McFerren terminated, filed. (kosborne, ) (Entered: 07/12/2007)
28 Plaintiff's Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/6/2007. (Attachments: # 1 Exhibit A−N# 2 Proposed Order)(rvazquez, ) (Entered: 07/17/2007)
29 ORDER Striking Document re: 28 MOTION for Protective Order. Document not in 14 point font.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 07/19/2007)
30 PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/8/2007. (Attachments: # 1 Proposed Order)(pcrawford, ) (Entered: 07/20/2007)

Case: 4:06-cv-3062 As of: 05/31/2017 10:34 AM CDT 4 of 6

07/23/2007
08/06/2007
08/06/2007 08/06/2007 08/06/2007
08/06/2007 08/06/2007 08/06/2007 08/06/2007 08/07/2007 08/08/2007 08/08/2007 08/23/2007 08/29/2007 08/29/2007 08/30/2007

31 ORDER 30 MOTION PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 30 MOTION PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 07/24/2007)
32 MOTION for Protective Order and RESPONSE to Plaintiff's 30 MOTION for Protection by Mike Albert Leasing Inc, filed. Motion Docket Date 8/27/2007. (Attachments: # 1 Exhibit Exhibit List# 2 Exhibit Exhibits 1−10A# 3 Exhibit Exhibits 11−20# 4 Exhibit Exhibits 21−25)(Smith, Patrick) Linked to #30 on 8/15/2007 (ltien, ). (Entered: 08/06/2007)
33 PROPOSED ORDER re: 32 MOTION for Protective Order, filed.(Smith, Patrick) (Entered: 08/06/2007)
34 PROPOSED ORDER re: 30 MOTION PLAINTIFF'S Objection to and Motion for Protection from Defendant's Cross−Notice of Defendant's Party Witness Mike Hardesty, filed.(Smith, Patrick) (Entered: 08/06/2007)
35 MOTION to Compel Depositions, MOTION to Expedite Hearing on Motions by Equal Employment Opportunity Commission, filed. Motion Docket Date 8/27/2007. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K# 12 Exhibit Exhibit L# 13 Exhibit Exhibit M# 14 Exhibit Exhibit N# 15 Exhibit Exhibit O# 16 Exhibit Exhibit P# 17 Proposed Order Proposed Order −− Mtn to Expedite# 18 Proposed Order Proposed Order −− Mtns Compel/Protection)(Wilhite, Connie) (Entered: 08/06/2007)
36 RESPONSE to 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions, filed by Mike Albert Leasing Inc. (Smith, Patrick) (Entered: 08/06/2007)
37 PROPOSED ORDER re: 36 Response to Motion, filed.(Smith, Patrick) (Entered: 08/06/2007)
38 Corrected PROPOSED ORDER re: 36 Response to Motion, filed.(Smith, Patrick) (Entered: 08/06/2007)
39 ORDER 32 MOTION for Protective Order, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 32 MOTION for Protective Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 08/07/2007)
40 ORDER 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions, MOTIONS REFERRED to Magistrate Judge Stephen Wm Smith: 35 MOTION to Compel Depositions MOTION to Expedite Hearing on Motions.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 08/08/2007)
41 NOTICE OF WITHDRAWAL OF COUNSEL by Mike Albert Leasing Inc, filed. (Smith, Patrick) (Entered: 08/08/2007)
42 ORDER granting 35 Motion to Compel; granting 35 Motion to Expedite; granting in part and denying in part 30 Motion for Protection; denying 32 Motion for Protective Order. ( Signed by Judge Stephen Wm Smith ) Parties notified. (jmarchand) (Entered: 08/08/2007)
43 MOTION to Enforce Court's Order of August 8, 2007 by Mike Albert Leasing Inc, filed. Motion Docket Date 9/12/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)(Smith, Patrick) (Entered: 08/23/2007)
44 MOTION to Withdraw 43 MOTION to Enforce Court's Order of August 8, 2007 by Mike Albert Leasing Inc, filed. Motion Docket Date 9/18/2007. (Smith, Patrick) (Entered: 08/29/2007)
45 PROPOSED ORDER re: 44 MOTION to Withdraw 43 MOTION to Enforce Court's Order of August 8, 2007, filed.(Smith, Patrick) (Entered: 08/29/2007)
46 ORDER granting 44 Motion to Withdraw Defendant's Motion to Enforce the Court's August 8, 2007 Order.( Signed by Judge David Hittner ) Parties notified.(ealexander, )

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10/19/2007
10/19/2007 11/08/2007 11/09/2007
11/09/2007
11/09/2007 11/14/2007
11/30/2007 12/03/2007 12/04/2007 12/05/2007 12/06/2007 02/20/2008
02/21/2008 02/25/2008 02/27/2008

(Entered: 08/31/2007)
47 MOTION for Complete Summary Judgment by Mike Albert Leasing Inc, filed. Motion Docket Date 11/8/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B−1# 3 Exhibit B−2 (pgs 10−23)# 4 Exhibit C# 5 Proposed Order)(Smith, Patrick) Modified on 10/25/2007 (ltien, ). (Entered: 10/19/2007)
48 Concise Summary in Support of 47 MOTION for Complete Summary Judgment by Mike Albert Leasing Inc, filed. (Smith, Patrick) Modified on 10/25/2007 (ltien, ). (Entered: 10/19/2007)
49 RESPONSE in Opposition to 47 MOTION for Complete Summary Judgment, filed by Equal Employment Opportunity Commission. (Wilhite, Connie) Modified on 11/9/2007 (sbyrum, ). (Entered: 11/08/2007)
50 Exhibits to RESPONSE in Opposition to 47 MOTION for Complete Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit B: Reynders Deposition# 2 Exhibit D: Fitzgerald Deposition# 3 Exhibit E: Betagole Deposition# 4 Exhibit F: Johnson Deposition# 5 Exhibit G: Pohl Deposition# 6 Exhibit H: Kassner Affidavit)(Wilhite, Connie) Modified on 11/9/2007 (sbyrum, ). (Entered: 11/09/2007)
51 Concise Summary of Plaintiff's 49 RESPONSE to 47 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Denying Defendant's MSJ)(Wilhite, Connie) Linked to #47 on 11/13/2007 (ltien, ). (Entered: 11/09/2007)
52 EXHIBITS re: 49 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit A, Part 2# 2 Exhibit A, Part 3# 3 Exhibit C, Part 1# 4 Exhibit C, Part 2)(Wilhite, Connie) (Entered: 11/09/2007)
53 Supplemental RESPONSE to 47 MOTION for Summary Judgment by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order Granting Leave, If Necessary)(Wilhite, Connie) Linked to #47 on 11/16/2007 (ltien, ). (Entered: 11/14/2007)
54 REPLY to Response to 47 MOTION for Complete Summary Judgment, filed by Mike Albert Leasing Inc. (Attachments: # 1 Exhibit A)(Smith, Patrick) (Entered: 11/30/2007)
55 ORDER denying 47 Motion for Summary Judgment.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/03/2007)
56 ORDER that the parties are to exchange all trial exhibits on or before December 28, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/05/2007)
57 ORDER, ETT: 4 day trial. jury trialPretrial Conference set for 12/12/2007 at 09:45 AM in Courtroom 8A before Judge David Hittner.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/05/2007)
58 ORDER OF DISMISSAL. Case terminated on December 6, 2007.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 12/06/2007)
59 Agreed MOTION for Entry of Order re: AGREED CONSENT DECREE by Equal Employment Opportunity Commission, filed. Motion Docket Date 3/11/2008. (Attachments: # 1 Proposed Order Agreed Consent Decree# 2 Appendix Attachment A to Agreed Consent Decree)(Wilhite, Connie) (Entered: 02/20/2008)
60 Consent Decree.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 02/22/2008)
$33,333.33 was deposited into the Court registry. Receipt number 589409 re: 60 Order, filed. (knguyen, ) (Entered: 02/25/2008)
61 MOTION to Reinstate Plea in Intervention by Michael C. Beller, filed. Motion Docket Date 3/18/2008. (Attachments: # 1 Exhibit A# 2 Proposed Order Order)(McCormick, Andrew) (Entered: 02/27/2008)

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02/27/2008 03/14/2008
03/17/2008 04/20/2009 04/22/2009 04/29/2009 04/30/2009 11/09/2009 11/12/2009 11/20/2009

62 MOTION to Reinstate Plea in Intervention by Michael C. Beller, filed. Motion Docket Date 3/18/2008. (Attachments: # 1 Exhibit A# 2 Proposed Order)(McCormick, Andrew) (Entered: 02/27/2008)
63 RESPONSE in Opposition to 62 MOTION to Reinstate Plea in Intervention, 61 MOTION to Reinstate Plea in Intervention, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order Denying Motion to Reinstate Plea in Intervention)(Wilhite, Connie) (Entered: 03/14/2008)
64 ORDER denying 61 Motion to Reinstate; denying 62 Motion to Reinstate.( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/18/2008)
65 Unopposed MOTION for Withdrawal of Funds by Michael C. Beller, filed. Motion Docket Date 5/11/2009. (Attachments: # 1 Release, # 2 Assignment of Interest)(McCormick, Andrew) (Entered: 04/20/2009)
66 ORDER granting 65 Motion for Withdrawal of Funds.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 04/23/2009)
67 Mail Returned Undeliverable as to attorney Michael Carl Beller re: 66 Order on Motion for Withdrawal of Funds, filed. (unable to frwd) (hler, ) (Entered: 04/29/2009)
Disbursement of Registry Funds to Michael C Beller in the amount of $33,653.58 on 4/30/2009 re: 66 Order on Motion for Withdrawal of Funds, filed. (knguyen, ) (Entered: 05/05/2009)
68 DOCKETED IN WRONG CASE. MOTION for Edward R Young to Appear Pro Hac Vice by Guardsmark, LLC, filed. Motion Docket Date 11/30/2009. (jewilliams, ) Modified on 11/13/2009 (jewilliams, ). (Entered: 11/11/2009)
69 ORDER granting 68 Motion to Appear Pro Hac Vice on behalf of Edward R. Young.(Signed by Judge David Hittner) Parties notified.(ealexander, ) (Entered: 11/13/2009)
70 Mail Returned Undeliverable as to attorney Michael Carl Beller re: 69 Order on Motion to Appear Pro Hac Vice, filed. (sjones, ) (Entered: 11/20/2009)