IN THE UNITED STATES DISTRICT COURT 'FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

U.S. DISTRICT COUR SO. DIST. AL
MOBILE. Al 36602
lOm FEB - I , A lQ: (

EQUAL EMPLOYMENT OPPORTUNXTY

)

COMMXSSXON,

)

)

Plaintiff,

)

)

v.

)

)

BELLSOUTH TELECOMMUNXCATXONS, XNC. )

)

)

Defendant.

)

FILED CLERK'S OFFICE
CrvXL ACTXON NO.
0\- 008rt- BH-S
COMPLAINT JURY TRXAL DEMAND

NATURE:: OF THE ACTXON This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991,to correct unlawful employment practices on the basis of race. The Conunission alleges that Defendant BellSouth Teleconununications, Inc. , ("BellSouth"), engaged iri a pattern and practice of discrimination and disparate treatment against Black employees in the BellSouth Mobile, Alabama, office including failing and refusing to promote Black employees and failing or refusing to allow them to participate in assessment testing and training which affected their privileges of employment.
JURXSDXCTXON AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f) (1) and (3) and Section 707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f) (1) and (3) and 2000e-6.

2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the Southern District of Alabama, Southern Division.
PARTiES 3. Plaintiff, Equal Employment Opportunity Commission (hereinafter referred to as the "Commission"), is an agency of the United States of America and is charged with the administration, interpretation, and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f) (1) and (3) and Section 707 of Title VII, 42 U.S.C. Section 2000e-5(f) (1) and (3) and 2000e-6. 4. At all relevant times, Defendant, BellSouth Telecommunications, Inc., (hereinafter referred to as the "Employer"), has been a corporation doing business in the State of Alabama and City of Mobile, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Employer has been and is now an employer engaged in an industry affecting' commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g) and (h).
STATEMENT OF CLAiM 6. Beginning on or about December 6, 1996, more than thirty (30) days prior to the institution of this lawsuit, charges of discrimination were filed with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From at least June 19, 1996, and continuing, Defendant

Employer engaged in unlawful employment practices at its Mobile, Alabama facility, in violation of Section 703(a) of Title VII, 42
u. S. C. Section 2000e-2 (a) . The practices include failing or
refusing to promote Black employees at the Mobile facility, and discriminatorily conducting assessment training which affected Black employees' ability to be promoted.
8. The effect of the practices complained of in paragraphs 6 and 7, above, has been to deprive Black employees in the Mobile, Alabama facility of equal employment opportunities and otherwise adversely affect their status as employees, because of their race.
9. As a direct and proximate result of these violations of their rights under Title VII, Black employees in the Mobile, Alabama facility have suffered damages in the form of emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation.
11. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of Black employees.
PRAYER FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant Employer, its officers, agents, employees, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practices which discriminate on the basis of race.
B. Order Defendant Employer to institute and carry out

policies, practices and programs which eradicate the effects of its unlawful employment practices.
C.. Order Defendant Employer to make whole the identified Black employees by providing appropriate back pay (including all employment related benefits) with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful-place reinstatement of the aggrieved individual.
D. Order Defendant Employer to make whole the identified Black employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices complained of in paragraphs 6 and 7, above.
E. Order Defendant Employer to make whole identified Black employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 6 and 7, above, including losses for emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in an amount to be determined at trial.
F. Order Defendant Employer to pay identified Black employees punitive damages for its malicious and/or reckless conduct described above, in an amount 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.
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, Northwest Washington, D.C. 20507
Charles Guerrier Regional Attorney
Hawes Crook Trial Attorney
Eunice H. Morrow Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Ridge Park Place 1130 22~ Street South Birmingham, AL 35205 (205) 731-0628

 
 IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

*
MELVIA CLEMMONS,

*
Plaintiff,

*

-v-

CIVIL ACTI9~

*
BELLSOUTH TELECOMMUNICATIONS,

NO.OI-0087-lJl(-S

INC.,

*

Defendant.

*

COMPLAINT

Jurisdiction and Venue

1. Plaintiff Melvia Clemmons brings this action pursuant to Title VII of the Civil Rights Act of 1964,42 U.S.C. Sec. 2000e, ~~. as amended by the Civil Rights Act of 1991.

2. Subject matter jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sec. 1331 and 1343,42 U.S.C. Sec. 2000e, ~~.

3. This action is brought within the State where the unlawful employment practice was

committed, making venue proper under 42 U.S.C. Section 2000e-5(t)(3).

The Parties

4. Plaintiff Clemmons is an. African-American citizen of the United States and of the State

of Alabama. She is a resident of Mobile, Alabama, (Mobile County) which makes her a

resident of this District and Division.

5. Defendant BellSouth Telecommunications, Inc. (hereinafter "BeUSouth") is an

employer within the meaning of Title VII of the 1964 Civil Rights Act and the 1991

1

amendments thereto. 6. BellSouth is located and doing business within this District and Division. 7. Plaintiff was an employee of BellSouth within the meaning of Title VII of the 1964 Civil Rights Act and the 1991 amendments thereto, up until her retirement February 21, 2001.
8. Prior to her retirement after thirty years of service to BellSouth or its corporate predecessors, Clemmons was employed as a service representative of BellSouth at their Mobile, Alabama office. 9. During Clemmons' employment, BellSouth subjected plaintiff to discriminatory terms and conditions of employment based upon her race, African-American. 10. During Clemmons' employment, she was discriminated against and treated differently because of her race, African-American, than similarly situated white employees. 11. In early 1998, Clemmons applied for a supervisory position for which she was qualified, but BellSouth refused to promote her because of her race and discriminatorily conducted assessment training which adversely affected Ms. Clemmons' ability to be promoted. 12. In June of 1998, BellSouth placed a white employee in the supervisory position which BellSouth had denied Clemmons. This white employee was, upon information and belief, less qualified than Clemmons. 13. As a result of BellSouth's discriminatory actions against her, Clemmons filed a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC") on or about December 15, 1998. This filing was within 180 days of the commission of the most
2

recent unlawful employment practice that had occurred at that time. 14. Following the flling of this charge, BellSouth intentionally retaliated against Clemmons in violation of Title Vll. 15. Such acts of retaliation by BellSouth against Clemmons included, but were not limited to, failing to use Clemmons as a relief supervisor. Since the filing of her charge, Clemmons has never been asked to relieve a supervisor, even though the relief positions are supposed to be assigned based on seniority. Just weeks after Clemmons filed her charge, a white employee who had been with BellSouth for less than two years was asked to relieve the supervisor while Clemmons was present at work and fully capable of relieving. Further, two other white employees have been placed in permanent supervisory positions after December 15, 1998. 16. In taking the above described actions, defendant BellSouth intentionally retaliated against plaintiff because she filed an EEOC Charge against it. The actions of defendant were taken with malice or reckless indifference to the federally protected rights of plaintiff. 17. As a proximate consequence of these actions and the violation of Title Vll, Clemmons has lost income and benefits, suffered mental anguish and emotional distress, and suffered other injuries and damages.
CLAIM I TITLE VII - Race Discrimination 18. Clemmons realleges and incorporates herein by reference Paragraphs 1 through 17 above as if they are recopied and restated herein in full. 19. Clemmons has been intentionally discriminated against on the basis of race in violation
3

,.
of Title VII based on the following: A. In early 1998, Clemmons applied for a supervisory position for which she
was qualified, but BellSouth refused to promote her because of her race and discriminatorily conducted assessment training which adversely affected Ms. Clemmons' ability to be promoted.
B. In June of 1998, a white employee was placed in the supervisory position which BellSouth had denied Clemmons.
C. This white employee was, upon information and belief, less qualified than Clemmons.
D. Clemmons was denied this promotion on the basis of her race, AfricanAmerican, in violation of Title VII.
20. In taking the above described action, BellSouth intentionally discriminated against Clemmons on the basis of her race, African-American. The actions of BellSouth were taken with malice or reckless indifference to the federally protected rights of Clemmons.
21. As a proximate consequence of BellSouth's actions and the violation of Title VII, Clemmons has lost income and benefits, suffered mental anguish and emotional distress, and suffered other injuries and damages.
22. Clemmons has satisfied all administrative prerequisites to bringing this claim. A. On or about December 15, 1998, plaintiff filed a Charge of
Discrimination with the Equal Employment Opportunity Commission ("EEOC"), which was filed within 180 days of the commission of the most recent unlawful employment practice that
4

had occurred at that time. B. On February I, 2001, the EEOC ftled suit against BellSouth on the basis
of Clemmons', and other African American employees', charges of discrimination against BellSouth.
C. This complaint in intervention has been timely ftled. WHEREFORE, plaintiff respectfully requests that this Court grant the following relief: A. Grant plaintiff a declaratory judgment that the practices complained of herein
vn are violative of the provisions of Title of the Civil Rights Act of 1964, and the 1991
amendments thereto; B. Grant plaintiff an order enjoining defendant and all persons acting in concert
with defendant from engaging in discriminatory employment practices on the basis of race; C. Grant Clemmons an appropriate amount of back pay and other damages and
which she was discriminatorily denied, adjusting her retirement benefits accordingly; D. Grant Clemmons an award of compensatory damages, including but not limited
to an award for mental anguish and emotional distress, as well as punitive damages; E. Award Clemmons her costs and expenses, including an award of reasonable
attorney's fees; and, F. Award such other relief as may be appropriate. CLAIM II TITLE VII- RETALIATION 23. Clemmons realleges and incorporates herein by reference Paragraphs 1 through
22 above as if they are recopied and restated herein in full. 5

,.
24. Clemmons has been intentionally retaliated against in violation of Title VIT based on the following:
A. Clemmons timely filed an EEOC Charge against the BellSouth on the basis of race discrimination.
B. Since the filing of her Charge, BellSouth engaged in acts of retaliation against Clemmons which included, but were not limited to, failing to use Clemmons as a relief supervisor. Since the filing of her charge, Clemmons has never been asked to relieve a supervisor, even though the relief positions are supposed to be assigned based on seniority. Just weeks after Clemmons filed her charge, a white employee who had been with BellSouth for less than two years was asked to relieve the supervisor while Clemmons was present at work and fully capable of relieving. Further, two other white employees have been placed in permanent supervisory positions after December 15, 1998.
25. In taking the above described actions, BellSouth intentionally retaliated against Clemmons because she filed an EEOC Charge against it. The actions of BellSouth were taken with malice or reckless indifference to the federally protected rights of plaintiff.
26. As a proximate consequence of these actions and the violation of Title VIT, Clemmons has lost income and benefits, suffered mental anguish and emotional distress, and suffered other injuries and damages.
27. Clemmons has satisfied all administrative prerequisites to bringing this claim. WHEREFORE, Clemmons respectfully requests that this Court grant the following relief:
6

, . .
A. Grant Clemmons a declaratory judgment that the practices complained of herein are violative of the provisions of Title VII of the Civil Rights Act of 1964, and the 1991 amendments thereto;
B. Grant Clemmons an order enjoining defendant and all persons acting in concert with defendant from engaging in discriminatory employment practices on the basis of race;
C. Grant Clemmons an appropriate amount of back pay and other damages; D. Grant Clemmons an award of compensatory damages, including but not limited to an award for mental anguish and emotional distress, as well as punitive damages; E. Award Clemmons her costs and expenses, including an award of reasonable attorney's fees; and, F. Award such other relief as may be appropriate.
PLAINTIFF DEMANDS TRIAL BY STRUCK JURY ON ALL CLAIMS SO TRIABLE
Respectfully submitted, GARDNER, MIDDLEBROOKS, GIBBONS & KITTRELL, P.C. Attorneys for the Plaintiff 1119 Government Street P.O. Drawer 3103 Mobile, AL 36652 (334) 433-8100 (Telephone) (3 ) 433-8181 (Fa .Ie)
7

. .

CERTIFICATE OF SERVICE

I certify..tJj.at a co~ 0MgOing was served by U.S. Mail on the following counsel of

U record this ~day of " -

, 2001.

Gwendolyn Young Reams, Esq. Equal Employment Opportunity Commission 1801 "L" Street, Northwest Washington, D.C. 20507

Eunice Morrow, Esq. Equal Employment Opportunity Commission Ridge Park Place 1130 22nd Street, South Birmingham, AL 35205

BellSouth Telecommunications, Inc. 3103 Airport Blvd. Room408·A Mobile, AL 36606

8

 
 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

EEOC,

*

Plaintiff,

*

and

*

MELVIA CLEMMONS, et al.

*

Plaintiff-Intervenors, -v-
BELLSOUTH TELECOMMUNICATIONS, INC.,

*
CIVIL ACTION
* NO.OI-0087-06-S
*

Defendant.

*

FIRST AMENDED COMPLAINT IN INTERVENTION OF MELVIA CLEMMONS

Jurisdiction and Venue

1. Plaintiff Melvia Clemmons brings this action pursuant to Title VII of the Civil

Rights Act of 1964,42 U.S.C. Sec. 2000e, ~~. as amended by the Civil Rights Act of

1991 and 42 U.S.C. Sec. 1981.

2. Subject matter jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sec.

1331 and 1343, 42 U.S.C. Sec. 2000e. ~~. and 42 U.S.C. ~ec. 1981.

3. This action is brought within the State where the unlawful employment practice

was committed. making venue proper under 42 U.S.C. Section 2000e-5(t}(3).

The Parties

4. Plaintiff Clemmons is an African-American citizen of the United States and of

1

the State of Alabama. She is a resident of Mobile, Alabama, (Mobile County) which makes her a resident of this District and Division.
S. Defendant BellSouth Telecommunications, Inc. (hereinafter "BellSouth") is an
employer within the meaning of Title vn of the 1964 Civil Rights Act and the 1991
amendments thereto. 6. BellSouth is located and doing business within this District and Division.
7. Plaintiff was an employee of BellSouth within the meaning of Title vn of the
1964 Civil Rights Act and the 1991 amendments thereto, up until her retirement February 21, 2001.
8. Prior to her retirement after thirty years of service to BellSouth or its corporate predecessors, Clemmons was employed as a service representative of BellSouth at their Mobile, Alabama office.
9. During Clemmons' employment, BellSouth subjected plaintiff to discriminatory terms and conditions of employment based upon her race, African-American.
10. During Clemmons' employment, she was discriminated against and treated differently because of her race, African-American, than similarly situated white employees.
11. In early 1998, Clemmons applied for a supervisory position for which she was qualified, but BellSouth refused to promote her because of her race and discriminatorily conducted assessment training which adversely affected Ms. Clemmons' ability to be promoted.
12. BellSouth placed white employees in supervisory positions which BellSouth had
2

denied Clemmons. These white employees were, upon information and belief, less qualified than Clemmons.
13. As a result of BellSouth's discriminatory actions against her, Clemmons filed a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC") on or about December 15, 1998. This filing was within 180 days of the commission of the most recent unlawful employment practice that had occurred at that time.
14. Following the filing of this charge, BellSouth intentionally retaliated against Clemmons in violation of Title VII.
15. Such acts of retaliation by BellSouth against Clemmons included, but were not limited to, failing to use Clemmons as a relief supervisor and failure to promote. Since the filing ofher charge, Clemmons has never been asked to relieve a supervisor, even though the relief positions are supposed to be assigned on the basis of seniority. Just weeks after Clemmons filed her charge, a white employee who had been with BellSouth for less than two years was asked to relieve the supervisor while Clemmons was present at work and fully capable of relieving. Further, two other white employees have been placed in permanent supervisory positions after December 15, 1998.
16. In taking the above described actions, defendant BellSouth intentionally retaliated against plaintiff because she filed an EEOC Charge against it. The actions of defendant were taken with malice or reckless indifference to the federally protected rights of plaintiff.
17. As a proximate consequence of these unlawful actions, Clemmons has lost
3

income and benefits, suffered mental anguish and emotional distress, and suffered other injuries and damages.
18. Clemmons has satisfied all administrative prerequisites to bringing this claim. CLAIM I
(TITLE VII - Race Discrimination) 19. Clemmons realleges and incorporates herein by reference Paragraphs 1 through 18 above as if they are recopied and restated herein in full. 20. The defendant's failure or refusal to promote plaintiff/intervenor Clemmons on the basis of race and its conducting of a racially biased assessment training of Clemmons
violates Title vn of the Civil Rights Act. Such conduct is actionable under Title vn and
furthermore, constitutes a pattern and practice of discrimination under Title VII. 21. As a direct and proximate result of these violations of Clemmons' Title VII
rights, Clemmons has suffered damages in the form of lost pay, lost benefits, lost promotional opportunities, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation.
22. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of plaintiff.
COUNT II (Title VII-Retaliation) 23. Clemmons realleges and incorporates herein by reference Paragraphs 1 through 12 above as if they are recopied and restated herein in full. 24. The defendant's retaliation against Clemmons, as noted above, for complaining
4

about its unlawful practices violates Title VII of the Civil Rights Act. Such conduct is actionable under Title VII and furthermore, constitutes a pattern and practice of discrimination under Title VII.
25. As a direct and proximate result of these violations of Clemmons' Title VII rights, Clemmons has suffered damages in the form of lost pay, lost benefits, lost promotional opportunities, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation.
26. The unlawful employment practices complained of above were done with malice or with reckless indifference to the federally protected rights of plaintiff.
CQUNTIII (Section 1981 Race Discrimination) 27. Clemmons realleges and incorporates herein by reference Paragraphs 1 through 26 above as if they are recopied and restated herein in full. 28. The defendant's failure or refusal to promote plaintiff/intervenor Clemmons on the basis of race and its conducting of a racially biased assessment training of plaintiffs violate Title VD of the Civil Rights Act. Furthermore, the defendant has retaliated against Clemmons, as noted above, for complaining about its unlawful practices. Such conduct is actionable under Title VII and furthermore, constitutes a pattern and practice of discrimination under Title VD. 29. As a direct and proximate result of these violations of Clemmons' Title VD rights, Clemmons has suffered damages in the form of lost pay, lost benefits, lost promotional opportunities, emotional pain, suffering, inconvenience, loss of enjoyment of life and
5

humiliation. 30. The unlawful employment practices complained of above were done with malice
or with reckless indifference to the federally protected rights of plaintiff. WHEREFORE, Clemmons respectfully requests that this Court grant the following
relief: A. Grant Clemmons a declaratory judgment that the practices complained of herein
are violative of the provisions of Title VII of the Civil Rights Act of 1964, and the 1991 amendments thereto and 42. U.S.C. Sec. 1981;
B. Grant Clemmons an order enjoining defendant and all persons acting in concert with defendant from engaging in any discriminatory employment practice on the basis of race or that retaliates against employees for engaging in protected activity;
C. Grant Clemmons an appropriate amount of back pay and other damages and which she was discriminatorily denied, adjusting her retirement benefits accordingly;
D. Order the defendant to make Clemmons whole by providing compensation for past and future pecuniary losses resulting from the above unlawful employment practices, including losses for mental anguish, emotional distress, inconvenience, loss of enjoyment of life and humiliation;
E. Order the defendant to pay Clemmons punitive damages for its malicious and or reckless conduct described above, in an amount to be determined at trial;
F. Grant such further relief as the Court deems necessary and proper, and G. Award Clemmons her costs and expenses, including an award of reasonable attorney fees.
6

PLAINTIFF DEMANDS TRIAL BY STRUCK JURY ON ALL CLAIMS SO TRIABLE Respectfully submitted, GARDNER, MIDDLEBROOKS, GIBBONS & KITTRELL, P.C. Attorneys for the Plaintiff 1119 Government Street P.O. Drawer 3103 Mobile, AL 36652 (334) 433-8100 (Telephone) (33 33-8181 (Facsimi
7

CERTIFICATE OF SERVICE

I certiYiJhat a cop~ foregoing was served by u.s. Mail on the following counsel of

record this~day of

, 2001.

Eunice Morrow, Esq. Equal Employment Opportunity Commission Ridge Park Place 1130 22nd Street, South Binningham, AL 35205

Chris Mitchell, Esq. CONSTANGY, BROOKS & SMITH Suite 1410 AmSouth Harbert Plaza 1901 Sixth Avenue, North Binningham, AL 35203

Andrew C. Allen, Esq. Richard Rouco, Esq. Whatley Drake, LLC 2323 Second Avenue North Binningham, AL 35203

8

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF A.LABAMA

SOUTHERN DIVISION
FILED OCT 16 '03 flI1 0:23 USDCAlS

EQUAL EMPLOYMENT OPPORTUNITY ]

COMMISSION

]

Plaintiff,

]

]

and

]

]

Melvia Clemmons, et. ai,

]

Plaintiff-Intervenors,

]

]

vs.

] CIVIL ACTION#: CV-OI-0087-CG-M

]

BELLSOUTH TELECOMMUNICATIONS, ]

INC.

]

]

Defendant.

]

STIPULATION OF DISMISSAL

Come now Plaintiffs, the Equal Employment Opportunity Commission, through its

undersigned attorneys; Melvia Clemmons, through her undersigned attorney; Carol Brandon,

through her undersigned attorney; Debra Jones, Calvin Rencher, Leonard Stiell, Leon

Burroughs, Franklin Scruggs, LaVerne Kidd, Deborah Davis, Patricia Jenkins, Dominic

Lewis, Bruce Mitchell, Leroy Curry and Antoinette Blakeley; through their undersigned

attorney and Defendant, BellSouth Telecommunications, Inc., through its undersigned

attorney, who constitute all of the parties to this action, and pursuant to Rule 41(a) of the

Federal Rules of Civil Procedure, stipulate to dismissal of this action, with prejudice, through

the entry of an agreed upon Consent Decree. Attorneys fees and costs are addressed by

separate agreements.

By signing this stipulation, no party is agreeing to alter any of the terms or provisions

of the Consent Decree or the separate settlement agreements entered into in this case. The

parties further agree that entry of this stipulation of dismissal will not affect the Court's

retention of jurisdiction over the Consent Decree entered in this cause.

-Iv Respectfully subnIitted this JS~ay of () c t> .(. v-

,2003.

FOR THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION:

ERIC S. DREIBAND General Counsel

JAMESL. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

. GUERRlE~R

Region ttorney

/

EUNI~~~RR(~1dfl/

Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Birmingham District Office 1130 220d Street South Birmingham, AL 35205 Telephone: (205) 731-0628

2

ONS:
')~
DDLEB)~OOKS, FLEMING, TTRELLP.C. 1119 Government Street Mobile, AL 36652 (251) 433-8100
----
CHARD MEELHEIM MEELHEIM, WILKERSON & MEELHEIM 2013 First Second Avenue North Birmingham, AL 35203 (205) 252-2500
FOR DEBRA JONES, CALVIN RENCHER, LEONARD STIELL, LEON BURROUGHS, FRANKLIN SCRUGGS~I LAVERNE KIDD, DEBORAH DAVIS, PATRICIA JENKINS, DOMINIC LEWIS, B]~UCE MITCHELL, LEROY CURRY AND ANTOINETTE BLAKELEY:
I~~
IllCR;;:/;RODCO WHATLEY DRAKE P.O. Box 10647 Birmingham, AL 35202-0647 (205) 328-9576
FOR BELLSOUTH TELECOMMUNICATIONS, INC.
CHRIS MITCHELL CONSTANGY BROOKS & SMITH Suite 1410 AmSouth Harbert Plaza 1901 Sixth Avenue North Birmingham, AL 35203 (205) 252-9321
3

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

MELVIA CLEMMONS, et al.,

)

)

Plaintiff-Intervenors,

)

)

v.

)

)

BELLSOUTH TELECOMMUNICATIONS, )

INC.,

)

)

Defendant.

)

)

CIVIL ACTION NO. CV Ol-0087-M

CONSENT DECREE

I. INTRODUCTION

On February 2, 2001, the Commission brought this action against Defendant to

enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42

u.S.C. § 2000 et seq. ("Title VII") to correct allegedly unlawful employment practices on

the basis of race. The Commission alleged that Defendant BellSouth

Telecommunications, Inc. ("BellSouth" or "BST") engaged in a pattern and practice of

discrimination and disparate treatment against African American employees in the

BellSouth Mobile, Alabama Network Operations and Consumer Services facilities

("Mobile Exchange Area Facilities"), in violation of Title VII, including failing and

refusing to promote BST African American employees to supervisory and non-

supervisory management positions Gob grades 57, 58 and 59), failing and refusing to allow African American employees to participate in management assessment and testing required for promotion to entry level management jobs or otherwise treating them less favorably than similarly situated White employees who were promoted and invited and allowed to participate in assessment testing and training programs. Charging Parties Melvia Clemmon, Carol Brandon, Antoinette Blakeley, Leon Burroughs, Leroy Curry, Deborah Davis, Debra Jones, Patricia Jenkins, Laverne Kidd, Dominic Lewis, Bruce Mitchell, Calvin Rencher, Franklin Scruggs and Leonard Steill subsequently intervened in the lawsuit as plaintiffs ("Plaintiff-Intervenors"). The claims of these PlaintiffIntervenors and the claims of 9 other claimants alleged by the EEOC to be similarly situated are resolved by this Consent Decree and Settlement.
This Decree is being issued with the consent of all parties and does not constitute and shall not be deemed to be either an adjudication or finding by this Court or an admission by any party as to the merits, validity or accuracy of any of the allegations, claims or defenses of any party in this case. By entering into this Decree, BellSouth does not admit or concede, expressly or impliedly, and in fact denies that it has in any way violated Title VII, 42 -c-.S.C. § 2000 et seq, Title I, 42 U.S.C. § 1981, the common law of any jurisdiction or any other federal, state or local law, statutes, ordinance, regulation, rule or Executive Order, or any obligation or duty arising at law or in equity. BellSouth has denied all of the aHegations made by plaintiffs in this action and contends that it has treated all of its African-American employees in its Mobile Exchange Area Facilities in a fair, equitable and non-discriminatory manner, including opportunities for training, testing, assessment and promotions.
2

The EEOC, the Plaintiff-Intervenors and Defendant BellSouth desire to amicably resolve and settle all disputes and matters now in controversy between them without further litigation. The parties have carefully considered, inter alia: the claims asserted by the EEOC, including those claims brought by it alleging that BellSouth discriminated against BST African American employees in Mobile Exchange Area Facilities during the time period 1996 to the present; the claims asserted by each of the Plaintiff-Intervenors; the defenses asserted by and available to BellSouth; the record in this case; and the risks, costs, expenses and uncertainties of litigation. Therefore, the signatories hereto stipulate and consent to the entry of this Decree as final and binding between them and their successors and assignors.
II. GENERAL PROVISIONS A. The parties agree that this Court has jurisdiction over the subject matter of
this action and of the parties and claimants covered by this Decree. B. This Consent Decree resolves all issues that were alleged or could have
been all(~ged in the Complaint or at any time during the litigation up to and including the date of the entry of this Consent Decree, including allegations that BellSouth violated Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. 2000e, et seq., and 42 U.S.C. 1981, by retaliating against African American employe:es and by engaging in a pattern and practice of discrimination in the Mobile Exchange Area Facilities, including failing and refusing to promote African American employees to management positions, discriminating against African American employees in its use of
3

management assessment and testing for promotions, failing and refusing to allo'w African American employees to participate in such management asseSSlnent and testing, and otherwise treating African American employees less favorably than similarly situated White employees.
c. This Consent Decree shall become effective upon its entry by the Court
and the term thereof shall commence from the date of entry. D. The parties will not publicize the terms of this Consent Decree until it has
been entered by the Court. The EEOC and BellSouth have agreed that this Consent Decree and the settlement of this lawsuit will be publicized exclusively by their joint issuance of the press statement attached as Exhibit A. The EEOC and BellSouth have agreed that neither party will hold or participate in a press conference regarding the allegations made in this la\\"suit, the settlement of this lawsuit, or this Consent Decree and neither will initiate any other public statement upon these subjects other than the aforementioned joint issuance of the attached Exhibit A. Further, in responding to all inquiries or statements, including from the media or other third parties, regarding the resolution of this lawsuit, the allegations made in this lawsuit, or this Consent Decree, the EEOC's comments shall be in tone and content consistent with Exhibit A. E. The EEOC and the Defendant agree to bear their own attorney's fees and costs.
III. MONETARY RELIEF A. In monetary consideration for the claims of the 14 Plaintiff-Intervenors
4

and the: 9 claimants identified by the EEOC, including all claims for backpay, compensatory damages and the attorneys fees and costs incurred by Plaintiff-Intervenors and the separate attorneys representing them, BellSouth will pay up to $883,000 (less applicable tax withholdings) consistent with the terms of paragraphs III Band C below. B. BellSouth and each of the Plaintiff-Intervenors and their counsel have reached confidential settlement agreements ("Individual Settlement Agreement") through a Court supervised mediation process. The EEOC agrees that it will not disclose the terms of these Individual Settlement Agreements in accordance with BellSouth's and the Plaintiff-Intervenors' mutual promises of confidentiality. C. BellSouth has agreed with Plaintiff-Intervenors and the EEOC as to the amounts of the settlement monies available under paragraph A allocable to each Plaintiff-Intervenor and their attorneys and to the EEOC for distribution to the 9 claimants for whom the EEOC has raised claims. The EEOC has specified to BellSouth the settlement payment amounts for each of the 9 claimants and BellSouth agrees that the amount specified for each claimant is an equitable distribution of the settlement monies allocable for EEOC distribution. It is understood that payment of each specified settlement amount is for the release of claims of each claimant, as outlined in a separate, general release between each claimant and BellSouth, one of which is a claim arising under Title VII of the Civil Rights A.ct. Each claimant's eligibility to receive a payment hereunder is
5

expressly conditioned and dependent upon the claimant's full and final release of all claims in favor of BellSouth and the claimant's execution of an agreement and release of claims with terms acceptable to BellSouth. The EEOC agrees that it will not disclose the individual settlement payment amounts. Each claimant shall be afforded sufficient time to consult with counsel of his/her own choice regarding the release and agreement he/she must execute as a condition to receiving a payment hereunder. BellSouth will forward a check in the aforementioned specified amount (less applicable tax withholdings) within thirty (30) days following the entry of this Consent Decree and receipt of a fully executed, acceptable and binding release and agreement from each claimant. The check shall be made payable to each claimant from whom a release has been obtained, and should be mailed to the claimants by certified mail, with a copy of each check mailed to Eunice H. Morrow, Senior Trial Attorney, EEOC, Birmingham District Office, 1130 22nd Street South, Birmingham, Alabama 35205.
IV. INJUNCTIVE RELIEF A. BellSouth commits that during the term of this Decree, it will make its
best efforts to fill at least two additional Network Services entry level managelnent positions in its Mobile Exchange Area Facilities with qualified African-American candidates. The parties understand that BellSouth's ability to do so will depend upon the number of positions availablt;~ and the availability of qualified applicants. The parties shall by
6

mutual agreement identify a minimum of 2 "priority" candidates from the claimants and Plaintiff-Intervenors covered by this Decree who are currently employed at BellSouth. Priority candidates who apply for an available entry level management position during the term of this Consent Decree will be referred to the selecting manager for prompt consideration. If a priority candidate applies and the entry level management position is filled by a non-minority candidate, BellSouth shall specify the reasons in writing as to why the priority candidate was not selected. BellSouth shall submit such statements of reasons for a priority candidate's non-selection to the EEOC as part of the reporting process set forth herein. B. During the term of this Decree, BellSouth will submit to the EEOC copies of its equal employment opportunity-related training materials as they are distributed to BST Mobile Exchange Area management employees. BellSouth will submit this material to the EEOC within 120 days of its distribution to management employees. The same or similar training will be made available to management employees in BST Mobile Exchange Area Facilities during the terms of this Decree. BellSouth will in good faith consider for implementation any recommendations that the EEOC may make for improvements with respect to such training at its Mobile Exchange Area Facilities. C. Within 120 days of the date of entry of this Decree, BellSouth shall post the attached Notice appended as Exhibit B hereto in a prominent place where employee notices are otherwise posted at BST Mobile Exchange
7

Area Facilities with 5 or more employees. Such Notice shall be maintained at such locations for the term of this Decree. D. BellSouth shall not use the BMAT test as a selection device for promotion to BST management jobs in the Mobile Exchange Area Facilities. In the event that during the term of this Consent Decree, BellSouth should wish to replace FLMDP with a device or test to qualify candidates for promotion to first and/or second level management jobs in Network Services in the Mobile Exchange Area, BellSouth shall first validate such device or test in accordance with the Unifonn Guidelines on Employee Selection as set forth currently at 29 C.F.R. Section 1607 et seq. and shall provide the EEOC with its validation study prior to implementing that new selection device or test. The EEOC shall have 60 days to raise objections to the implementation of the device or test. If the EEOC objects, the EEOC and BellSouth shall meet and confer in an effort to resolve the EEOC's objections. If mutual agreement cannot be reached, either party may petition this Court, during the term of this Decree, for approval to submit the device or test and the validation study thereof to a qualified firm or individual acceptable to the Court for review. If the independent reviewer appointed to do so does not approve the device or test, BellSouth shall not implement the device or test during the term of this Decree. E. Within 120 days of the effective date of this Decree, BellSouth agrees to notify all BST Mobile Exchange Area Network Services non-management
8

employees of its policies which pertain to the First Level Management Development Program (FLMDP). BellSouth shall distribute such policies which are applicable to FLMDP as administered in the Mobile Exchange Area Facilities to each BST non-management employee. F. BellSouth shall not retaliate against any Plaintiff-Intervenor or claimant covered by this Consent Decree in violation of Title VII because the Plaintiff-Intervenor or claimant has complained concerning the matters raised in this action, filed a charge regarding the same, participated in any manner in the investigation and prosecution of this action, receives any relief hereunder or asserts any rights under this Decree. G. BellSouth commits that, during the term of this Decree, it will notify each of the non-management claimants and Plaintiff-Intervenors covered by this Decree and then currently employed by BellSouth of each available entry-level management vacancy in BST's Mobile Exchange Area Facilitic:s. Such notification shall provide sufficient time to enable those notified to apply for the entry level management position that is available. The notice should list the minimum qualifications for the position, the expected starting date, the procedure for submitting any application, the deadline for receipt of such an application, and the location of the job and its functions. H. Defendant agrees to provide the Commission with semi-annual reports during the terms of this Decree. The reports shall include the following information: (a) the identities of all individuals promoted to management
9

positions in BST Mobile Exchange Area Facilities, including by way of identification, each person's name, race, position, and the date of the promotion; (b) copies of the equal employment opportunity - related training materials as distributed to BST Mobile Exchange Area Facility employees during the term of this decree and a list of all BST Mobile Exchange Area Facility employees trained during the term of this decree; and (c) copies of the notifications sent to the employed claimants and Plaintiff-Intervenors regarding management positions in the Mobile Exchange Area Facilities during the term of this Decree. Defendant shall submit the reports to the Commission four (4) months after the date of entry of this Consent Decree and every six months thereafter during the term of this Decree. All reports to the EEOC shall be sent to the attention of the Senior Trial Attorney Eunice Holt Morrow, 1130 22nd street South, Suite 2000, Birmingham, Alabama 35205, unless BellSouth is notified by the EEOC in writing of a change in the reporting contact person. These reports \,vill be used for internal monitoring purposes only and will not be made public or disclosed to anyone outside the EEOC. Insofar as any report rrtay be relevant to proceedings concerning the enforcement of this Decree, the use of the report shall be subject to an appropriate protective order in accordance with the Federal Rules of Civil Procedure.
v. RETENTION OF JURISDICTION AND DURATION OF CONSENT DECREE
This Decree shall remain in effect for a period of two (2) years. During its terms, the EEOC and BellSouth agree that they will meet and confer regarding any and all
10

issues concerning conlpliance with the terms of this Consent Decree. If a question of compliance arises, the EEOC shall give written notice to BellSouth of its alleged noncompliance and BellSouth shall have a minimum of sixty (60) days to cure any noncompliance. If the EEOC believes that the alleged non-compliance has not been cured, the parties shall meet and confer to exhaust their attempts to resolve the issue of noncompliance.
The Court shall retain jurisdiction over this matter and the parties for the purpose of enforcing compliance with this Consent Decree. If the aforesaid efforts between the EEOC and BellSouth fail to resolve an issue of non-compliance, either party may seek the Court's assistance to enforce the terms hereof.
Respectfully Submitted, ERIC S. DREmAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
11

~
~:::liLd41-1~J
Eunice Holt Morrow Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Binningham District Office 1130 22nd Street South Binningham, AL 35205 Telephone: (205) 731-0628
FOR BELLSOUTH TELECOMMUNICATIONS, INC.
~, MI-ltLed
Chris Mitchell CONSTANGY BROOKS & SMITH,LLC Suite 1410 AmSouth Harbert Plaza 1901 Sixth Avenue North Binningham, AL 35203

Upon consideration of the above, the Court approves the Consent Decree and IT IS SO ORDERED .

ll9 Done this

.

~

dayof

_

~~
___

_

_ ,2003.

BERT W. MILLING UNITED STATES

TEJUDGE

12

I EEOC News

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Birmingham District Office

1130 22nd Street South, Suite 2000

Birmingham, AL 35205-2881

EXHIBIT A

(205) 731-0082 TIY (205) 731-0175
FAX (205) 731-2101

FOR IMMEDIATE RELEASE TBD
Communications and

CONTACTS:

EEOC

David Grinberg

Office

of

Legislative Affairs (202) 663-4921

BeliSouth Necole Merritt Media Relations (404) 249-3909

JOINT PRESS RELEASE

EEOC and BeliSouth Settle Race Bias Suit

Plaintiffs receive monetary and other relief

Mobile, Ala. - The U.S. Equal Employment Opportunity Commission (EEOC) and
BeliSouth today announc~3d they have reached an agreement in the EEOC vs. BeliSouth
Telecommunications, Inc., lawsuit that both parties believe is in the best interest of the
company and the plaintiffs. This agreement allows the parties to resolve a two and a half
year old employment discrimination lawsuit under Title VII of the 1964 Civil Rights Act. Under the settlement agreement, the 14 plaintiff intervenors, three attorneys' firms
representing the plaintiff intervenors and nine additional claimants identified by the EEOC will receive a total of $883,000, including attorneys' fees. The agreement settles all claims of alleged discrimination against the African American employees in BellSouth's Network Operations and Consumer Services Facilities in the Mobile Area who were plaintiff intervenors or claimants in the lawsuit.
"We are pleased with this resolution and commend BellSouth for its efforts in working with the EEOC to resolve this case without t he necessity of a trial. This Consent Decree benefits not only the individuals who will share in the settlement fund, but other BeliSouth African American emploYE~es as well," said Donald P. Burris, EEOC Birmingham District Director (Acting).
Page 2
The EEOC's lawsuit, filed in February 2001, alleged that BeliSouth discriminated

against African American employees in its Mobile Area Network Operations and Consumer Services Facilities by failing to promote or provide the claimants with opportunities that could potentially lead to higher-level positions. BellSouth denies these allegations and admits no liability through this settlement.
"At BellSouth, we seek to attract and maintain a highly skilled and diverse workforce, and provide each individual an opportunity to grow and to excel," said Neeole Merritt, company spokesperson. "BeliSouth's inclusion strategy emphasizes the full utilization and engagernent of every employee at all levels of the company. BellSouth's policy is to provide equal employment opportunities to all persons without discrimination because of race, color, religion, national origin, sex, sexual orientation, age, veteran status, or disability."
In addition to the monetary settlement, BellSouth has also agreed to provide individual notice to currently employed claimants of available entry-level management vacancies occurring in the Mobile Area Facilities, continue to train its managers on their responsibilities under Title VII and submit periodic reports to the EEOC. Also, the company will continue to use the First Level Management Development Program (FLMDP) to select candidates in Network Operations and will ensure any other selection tool that may be used meets EEOC guidelines.
Title VII makes it illegal to deny a person any employment opportunity because of that person's race or color, sex, religion or national origin. It further prohibits retaliating against a person for making complaints about treatment s/he reasonably believes to be discriminatory.
In addition to enforcing Title VII, the EEOC enforces the Age Discrimination in Employment Act, which protects workers age 40 years and older from discrimination based on age; the Equal Pay Act; Title I of the Americans with Disabilities Act, which prohibits employment discrimination against people with disabilities in the private sector and state and local govE~rnments; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at
www.eeoc.gov.

NOTICE AS REQUIRED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS
AMENDED BeliSouth Telecomrrlunications, Inc. agrees to the following:
Federal law requires that there be no discrimination against any employee or applicant for employment, because of such person's race. BeliSouth will continue to comply with such federal laws in all respects and will not discriminate against any employee because of the person's race. BeliSouth affirms that it is unlawful for an employer to discriminate against an employee based on race. It further affirms that it is unlawful for an employer to in any manner retaliate against any individual who opposes or assists one in opposing race discrimination. Signed this _ _ day of _ _ _ _ _ _ _, 2003.
FOR BELLSOUTH TELECOMMUNICATIONS, INC.
EXHIBITB

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION,

:

:

Plaintiff,

:

:

and

:

:

MELVIA CLEMMONS, et al.,

:

:

Plaintiffs-Intervenors, :

:

vs.

:

:

BELLSOUTH TELECOMMUNICATIONS, :

INC.,

:

:

Defendant.

:

CIVIL ACTION 01-0087-M

ORDER

On October 16, 2003, all parties to this action filed a Stipulation of Dismissal stating that all claims in this action among all parties have been settled (Doc. 171). Also filed that date was a Consent Decree which the Court reviewed, approved, and entered that same date (Doc. 172). Therefore, this action has been concluded and DISMISSED WITH PREJUDICE by the parties on October 16, 2003, except that the Court retains jurisdiction over this action and the parties for a period of two years, namely, until Friday, October 14, 2005, solely for the purpose of enforcing compliance with the Consent Decree.
The parties are to ensure that any future filings contain

the correct civil action number, namely, 01-0087-M. DONE this 22nd day of October, 2003. s/BERT W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
FILED OCT 9 ~Ol PM 2 :56USDCAls

EQUAL EMPLOYMENT OPPORTUNITY : COMMISSION, and MELVIA CLEMMONS, et al.,

Plaintiffs,

vs.

CIVIL ACTION Ol-0087-CB-S

BELLSOUTH TELECOMMUNICATIONS,: INC.,

Defendant.

ORDER

This cause is before the Court on Defendant's Motion for Protective Order Under Rule 26(c)(5) (Doc. 34). This Motion was discussed during a telephone conference conducted on October 5, 2001. Participating during the conference were attorneys Eunice Morrow, Jill Vincent, and Charles Guerrier for the Plaintiffs, and Chris Mitchell and Charles Powell for the Defendant. In this motion, Defendant is seeking a protective order sequestering Plaintiffs and preventing them from attending each other's depositions and precluding any Plaintiff and their Attorneys from disclosing or discussing their testimony either directly or indirectly with any other Plaintiff until the completion of all fourteen Plaintiffs' depositions.
A protective order ofthe nature sought by Defendant may be entered by a Court during the course of discovery but only upon good cause shown. Fed.R.Civ.P.26(c)(5). A review of Defendant's Motion compels the conclusion that Defendant has failed to demonstrate good cause for entry of a protective order which would exclude these party deponents from attending the

depositions of their co-plaintiffs. Therefor, Defendant's motion for protective order is DENIED. DONE and ORDERED this 9th day of October, 2001. WILLIAM H. STEELE UNITED STATES MAGISTRATE JUDGE
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY : COMMISSION, and MELVIA CLEMMONS, et al.,

Plaintiffs,

vs.

CIVIL ACTION Ol-0087-CB-S

BELLSOUTH TELECOMMUNICATIONS, : INC.,

Defendant.

ORDER

This matter is before the Court on Plaintiffs Motion to Compel Production of Documents and Memorandum in Support of Motion to Compel Production of Documents (Docs. 30 and 31); Defendant's Motion for Protective Order (Doc. 35); Bellsouth's Opposition to EEOC's Motion to Compel (Doc. 36); Memorandum of EEOC in Opposition to Motion of Defendant for Protective Order (Doc. 39); Plaintiff-Intervenors' Joint Response to Order to Show Cause (Doc. 40); Bellsouth's Notice of Filing Declaration in Support of Motion for Protective Order (Doc. 42); and EEOC's Notice of Submission of Proposed Protective Order (Doc.~. These matters came before the Court for oral argument on October 31, 2001, with the parties participating by telephone conference.
During the conference, the Court directed that the EEOC and Bellsouth present the Court with proposed protective orders responsive to the issues discussed during the hearing. Those protective orders have been produced and reviewed by the Court, and upon consideration of all matters presented, the Court finds that the protective order proposed by the EEOC is appropriate

under the circumstances and facts of this action. Therefore, that proposed order is adopted by the Court and has been executed and filed with the Clerk of Court.
During the hearing, Plaintiffs' counsel suggested that Defendant's production of documents pursuant to the protective order may resolve the issues raised by Plaintiffs in the Motion to Compel. Therefore, the Motion to Compel is DENIED with leave to refile to address any discovery issues that remain after the protective order is entered and Defendant produces documents subject to that Order.
DONE and ORDERED this 5th day of October, 2001. WILLIAM H. STEELE UNITED STATES MAGISTRATE ruDGE
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FILED NOV 5 ~Ol P\1 4 :21 !.iSIf"ALS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BELLSOUTH TELECOMMUNICATIONS, )

INC.

)

)

)

Defendant.

)

CIVIL ACTION NO. Ol-0087-CB-S

PROTECTIVE ORDER

The parties have agreed that "Protected Documents", as defined herein, are entitled to a

certain degree of protection from unregulated disclosure. However, the parties have not been able

to agree on all of the terms of an appropriate Protective Order. Therefore, the parties have agreed

to permit the Court to resolve the remaining areas of dispute. Each party submitted a proposed

Protective Order for the Court's consideration. Having considered the arguments of counsel and

examined the various proposed orders and supporting papers, the Court orders, as follows:

I. DEFINITION

1. For the purposes of this litigation, the following documents shall be considered to be

"Protected Documents":

A. The following BellSouth Tests:

1

Business Management Abilities Test (BMAT) Situational Judgment Inventory (Sn) B. The scoring or grading sheets associated with the above tests; C. Any independent validation studies of the above tests prepared in advance of this litigation. 2. Each "Protected Document" shall be conspicuously marked "Confidential, subject to protective order." If portions of a "Protected Document" are contained in whole or in part in an otherwise unprotected document, the unprotected document shall be redacted in such a manner so as to conceal only the protected infonnation. The remainder of the unprotected document shall not be subject to this Order. 3. A "Protected Document" shall lose the protection of this Order if Defendant fails to treat it in a manner consistent with this Order. II. LIMITATIONS ON USE OF ''PROTECTED DOCUMENTS" The parties may fully utilize "Protected Documents" in this case subject to the following controls: 1. Counsel may distribute "Protected Documents" to their expert witnesses provided said experts agree in writing to maintain these documents as confidential. As agents for the parties, the experts must agree not to deliver "Protected Documents" orcopies thereof to any third party without the written pennission of the principal. All written agreements are to be retained by the party obtaining the consent. 2. Counsel may utilize the "Protected Documents" and the infonnation contained therein with any witness, including claimants, while conducting discovery (whether
2

fonnal or infonnal), and in the preparation of this case for trial or appeal. However, no such witness wilJ be pennitted to keep any "Protected Document" or a copy thereof, nor may any such witness make a holographic copy of any such "Protected Document". Counsel wilJ not disclose the scoring sheets or test answers to any witness, including the claimants in this case, unless that witness has already had access to such "Protected Document" or the infonnation contained therein (e.g. a person responsible for scoring test results). 3. Counsel shall not reveal (orally or in writing) the contents of "Protected Documents" in response to any request from a member of the media. Documents which are filed with the court which contain references to "Protected Documents" shall be submitted in a manner so as not to compromise the protected nature of the documents. 4. Upon the conclusion of this case the EEOC agrees to archive this file in a manner sucp that the "Protected Documents" contained in said file are separately identified and their protected nature evident to whomever should review this case file. In addition, should the EEOC receive a request under the Freedom of Infonnation Act or similar statute for the examination and copying of "Protected Documents", the EEOC will notify the BellSouth Legal Department at BellSouth Telecommunications, Inc., Suite 1400, 1100 Peachtree Street, Atlanta, Georgia 30309, of said request and will provide BellSouth sufficient time in which to assert whatever rights it may have to stop the disclosure of said documents. This order, however, shall not serve as a limitation or expansion upon the rights of any person or entity under the Freedom of Infonnation Act or similar statute.
3

Upon the completion of this action (including all appeals and monitoring periods), all other parties to whom "Protected Documents" have been provided shall· return all "Protected Documents" to counsel for Defendant. Counsel for Defendant shall be responsible for requesting the return of such documents and for all costs and expenses associated with the retrieval of said documents. Counsel for Defendant shall make its request for the return of the "Protected Documents" within ninety (90) days of the.completion of this action. 5. This Order shall not limit the ability of any party or attorney to utilize, share, or disclose any knowledge or infonnation acquired from sources or documents not labeled as required by 1.2. above. Specifically, this Order shall not grant protected status to "Protected Documents" if such documents have previously been disclosed without the benefit of an existing protective order.
6. The Court retains the jurisdiction to modify this order as needed.
DONE this ":~ :> day of ~.1S/E. .R.. • 2001.
U. S. Magistrate Judge
4

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION FILED DEC 7 '01 PM 3 :11 USDCALS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

BELLSOUTH TELECOMMUNICATIONS,)

INC.,

)

)

Defendant.

)

CIVIL ACTION NO. Ol-0087-CB-S

PROTECTIVE ORDER The parties have agreed that "Protected Documents", as defined herein, are entitled to a certain degree ofprotection from unregulated disclosure. However, the parties have not been able to agree on all of the terms of an appropriate Protective Order. Therefore, the parties have agreed to permit the Court to resolve the remaining areas of dispute. Each party submitted a proposed Protective Order for the Court's consideration. Having considered the arguments of counsel and
I
examined the various proposed orders and supporting papers, the Court orders, as follows: I. DEFINITION
1. For the purposes of this litigation, the following documents shall be considered to be "Protected Documents":
A. The following BellSouth Tests: Business Management Abilities Test (BMAT)

1

Situational Judgment Inventory (Sn) BellSouth Business Inventory (BBI) B. The scoring or grading sheets associated with the above tests; C. Any independent validation studies of the above tests prepared in advance of this litigation. 2. Each "Protected Document" shall be conspicuously marked "Confidential, subject to protective order." If portions of a "Protected Document" are contained in whole or in part in an otherwise unprotected document, the unprotected document shall be redacted in such a manner so as to conceal only the protected information. The remainder of the unprotected document shall not be subject to this Order. 3. A "Protected Document" shall lose the protection of this Order if Defendant fails to treat it in a manner consistent with this Order. II. LIMITATIONS ON USE OF "PROTECTED DOCUMENTS" The parties may fully utilize "Protected Documents" in this case subject to the following controls: 1. Counsel may distribute "Protected Documents" to their expert witnesses provided said experts agree in writing to maintain these documents as confidential. As agents for the parties, the experts must agree not to deliver "Protected Documents" or copies thereofto any third party without the written permission ofthe principal. All written agreements are to be retained by the party obtaining the consent. 2. Counsel may utilize the "Protected Documents" and the information contained therein with any witness, including claimants, while conducting discovery (whether
2

formal or informal), and in the preparation of this case for trial or appeal. However, no such witness will be permitted to keep any "Protected Document" or a copy thereof, nor may any such witness make a holographic copy of any such "Protected Document". Counsel will not disclose the scoring sheets or test answers to any witness, including the claimants in this case, unless that witness has already had access to such "Protected Document" or the information contained therein (e.g. a person responsible for scoring test results). 3. Counsel shall not reveal (orally or in writing) the contents of "Protected Documents" in response to any request from a member of the media. Documents which are filed with the court which contain references to "Protected Documents" shall be submitted in a manner so as not to compromise the protected nature of the documents. 4. Upon the conclusion of this case the EEOC agrees to archive this file in a manner such that the "Protected Documents" contained in said file are separately identified and their protected nature evident to whomever should review this case file. In addition, should the EEOC receive a request under the Freedom of Information Act or similar statute for the examination and copying of "Protected Documents", the EEOC will notify the BellSouth Legal Department at BellSouth Telecommunications, Inc., Suite 1400, 1100 Peachtree Street, Atlanta, Georgia 30309, of said request and will provide BellSouth sufficient time in which to assert whatever rights it may have to stop the disclosure of said documents. This order, however, shall not serve as a limitation or expansion upon the rights of any person or entity under the Freedom ofInformation Act or similar statute.
3

Upon completion of this action (including all appeals and monitoring periods), all other parties to whom "Protected Documents" have been provided shall return all "Protected Documents" to counsel for Defendant. Counsel for Defendant shall be responsible for requesting the return. of such documents and for all costs and expenses associated with the retrieval of said documents. Counsel for Defendant shall make its request for the return ofthe "Protected Documents" within ninety (90) days of the completion of this action. 5. This Order shall not limit the ability of any party or attorney to utilize, share, or disclose any knowledge or information acquired from sources or documents not labeled as required by 1.2. above. Specifically, this Order shall not grant protected status to "Protected Documents" if such documents have previously been disclosed without the benefit of an existing protective order. 6. The Court retains the jurisdiction to modify this order as needed.

DONE this

,2001.

U.S. Magistrate Judge

4

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

FILED ~IAR 12 '02 An 9 :18IJSni)'jL~3

Plaintiff,

and

MELVIA CLEMMONS, et al.,

Plaintiffs-Intervenors,

vs.

CIVIL ACTION Ol-0087-CG-M

BELLSOUTH TELECOMMUNICATIONS, INC. ,

Defendant.

ORDER

The Court heard from counsel this date on the status of this

action and of the pending discovery motions. After consideration of

the extensive comments of counsel, the Court ordered counsel for all

parties to meet and confer concerning all of the discovery issues in

dispute which are identified and discussed in the discovery motions

which are presently pending before this Court. Those discovery issues

that are not resolved after this good faith conferencing among counsel

are to be addressed in a new fully-complying motion to compel filed by

Plaintiff EEOC and/or Defendant (as more fully discussed at the

hearing) not later than Monday, March 25, 2002. Any such motion to

compel is to be complete within itself and is not to refer to any

previously-filed statement of facts, citation of law, or argument,

although it may reference previously-filed supporting documentation in

the case file of this action.

In light of the above ruling, the following motions are DENIED

WITHOUT PREJUDICE to any unresolved discovery dispute being addressed

again as set out above: Plaintiff EEOC's Motion to Compel Production of Documents (Doc. 62), Plaintiff EEOC's Motion to Compel Supplementation of Rule 26 Disclosures (Doc. 64), Plaintiff EEOC's Motion for Reconsideration (Doc. 72), Plaintiff EEOC's Motion for Clarification of Court's Rulings on January 25, 2002 Hearing (Doc. 80), and Plaintiff EEOC's Motion for Protective Order (Doc. 87).
After consideration of Plaintiffs' Jointl Motion to Amend Rule 16(b) Scheduling Order and Extend Attendant Deadlines (Doc. 78), Plaintiff EEOC's Motion to Expedite Ruling on Plaintiffs' Joint Motion to Amend Rule 16(b) Scheduling Order or Alternatively for Extension of Deadlines for Filing Plaintiff's Expert's Report (Doc. 85), and BellSouth's Response to Plaintiffs' Motion to Amend Rule 16(b) Scheduling Order (Doc. 89), Plaintiffs' motions are GRANTED; however, the Court will not again amend the previously Amended Rule 16(b) Scheduling Order until after it rules on any motion to compel filed on March 25, 2002 and gets a better idea of what discovery is yet to be done. Discovery is not stayed but may proceed pending the entry of the Amended Rule 16(b) Scheduling Order.
If an additional hearing is needed on any unresolved discovery disputes identified in a properly-filed motion to compel, that hearing will be held on Monday, April 15, 2002, at 9:00 a.m. in Courtroom 3B, United States Courthouse, Mobile, Alabama. All counsel are to be personally present. That hearing will be confirmed with counsel once
lThe term "joint" used in conjunction with a motion usually means that all the parties, not just plaintiffs, have agreed to it or join in it. That is the way it is to be used in the future in this action.
2

the Court has determined that there are discovery disputes remaining that can not be resolved between counsel.
As stated at the hearing, counsel are to strictly comply with the Federal Rules of Civil Procedure, the local rules of this Court and any additional requirements set out in the Rule 16(b) Scheduling Order or other orders of the Court, especially as they pertain to any motions to compel discovery. Any filings not in compliance are subject to being denied or stricken.
DONE this 11th day of March, 2002. JUDGE
3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA
March 12, 2002
* * MAILING CERTIFICATE OF CLERK * *
Re: 1:01-cv-00087 Equal Employment Opp v. BellSouth, Inc.
True and correct copies of the attached were mailed by the clerk to the following:
Charles Guerrier, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Mildred Byrd, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Debra W. Hawes Crook, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Eunice H. Morrow, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Valerie Hicks Powe, Esq. P.O. Box 11144 Birmingham, AL 35203
Chris Mitchell, Esq. Constangy, Brooks & Smith, L.L.C. 1410 AmSouth/Harbert Plaza 1901 6th Avenue North Birmingham, AL 35203-2602
Keith W. Kochler, Esq. BellSouth Telecommunications, Inc. 675 West Peachtree Street, Suite 4300 Atlanta, GA 30375
Paul Stagliano, Esq. BellSouth Telecommunications, Inc. 675 West Peachtree Street, Suite 4300 Atlanta, GA 30375
Charles A. Powell IV, Esq. 1410 AmSouth/Harbert Plaza 1901 6th Avenue North Birmingham, AL 35203-2602

Andrew C. Allen, Esq. Whatley Drake, LLC 2323 2nd Avenue North Birmingham, AL 35203
Mary Elizabeth Olsen, Esq. Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, P.C. P. O. Drawer 3103 Mobile, AL 36652

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

FILED APR 17 -Q2A'111eJ USDCA..S

and

MELVIA CLEMMONS, et al.,

Plaintiffs-Intervenors,

vs.

CIVIL ACTION 01-0087-CG-M

BELLSOUTH TELECOMMUNICATIONS, INC. ,

Defendant.

ORDER

The Court heard from counsel on April 15, 2002, on the pending

discovery motions filed sihce the last hearing on March 11, 2002 (Doc.

93) and on the status of this action.

After consideration of Defendant's Motion to Compel Discovery

Responses, as supplemented (Docs. 96, 103), Plaintiff EEOC's Response

to Defendant's Motion .•. (Doc. 101), and the argument of counsel, the

motion was granted in part and denied in part as more fully reflected

in the record of the lengthy hearing wherein the Court went over

each disputed request with all counsel. Generally, Plaintiff EEOC was

ordered to supplement, not later than April 29, 2002, its previous

responses by specifically identifying all documents responsive to the

requests or by setting out its answer to interrogatories - simply

referring to its Rule 26(a) initial disclosures is not sufficient. If

a document otherwise responsive is being withheld, then the document

is to be specifically identified as required in the local rules and

the Court's civil discovery practice and the basis for withholding it

set out. Defendant's motion was denied, in part or in whole, as to requests for production 10, 14, 15, and 19 and interrogatory 17.
The Court did hear from counsel somewhat on Plaintiff EEOC's Motion for Protective Order, as supplemented (Docs. 97, 104-106) and Defendant's Opposition to EEOC's Motion for Protective Order (Doc. 99), as it related to some of the requests addressed in the motion to compel; however, a ruling on this motion will not be made until after Plaintiff has specifically identified those documents and/or subject areas that it contends are protected by the deliberative process, attorney/client and/or work product privileges, as set out above, and after counsel have conferred and attempted to resolve any remaining dispute as to the claimed privileges. Counsel are to notify the Court if the motion becomes moot.
After consideration of Plaintiff EEOC's Motion for Leave to Depose Defendant's Rule 30(b) (6) Witness on Additional Topics (98), Defendant's Response .... (Doc. 100), and the argument of counsel, the motion is GRANTED for the reasons set out in the motion and orally presented by counsel at the hearing. Counsel for Defendant will confirm by Friday, Apri1 19, 2002, that the twelve managers had final authority as represented.
Counsel informed the Court that the parties have agreed to mediation and a planning meeting is set for May 9 or 10, 2002, in Atlanta, Georgia, with mediator, Hunter Hughes. At that time, a schedule will be worked out for the mediation. Counsel were ordered to immediately inform the Court of the mediation schedule and the date by which it will be concluded after the meeting in May. A decision as to when to enter another amended Rule 16(b) scheduling order will be
2

made at that time (See Doc. 93). However, in the interim, the April 22, 2002 dispositive motion date, the June 27, 2002 final pretrial conference date, and the July 7, 2002 jury selection date are CANCELLED and will be reset when a new amended Rule 16(b) scheduling order is entered.
Defendant's Motion for Extension of Time to Respond to the Plaintiff's Discovery Requests (Doc. 102) was granted and the time by which Defendant is to respond was extended to Apri1 24, 2002. In light of the upcoming mediation, all counsel were ordered to produce any outstanding discovery as quickly as possible so that it will be available for use in the mediation.
DONE this 17th day of April, 2002.
JUDGE
3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA
April 18, 2002
* * MAILING CERTIFICATE OF CLERK * *
Re: 1:01-cv-00087 Equal Employment Opp v. BellSouth, Inc.
True and correct copies of the attached were mailed by the clerk to the following:
Charles Guerrier, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Mildred Byrd, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Debra W. Hawes Crook, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Eunice H. Morrow, Esq. Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881
Valerie Hicks Powe, Esq. P.O. Box 11144 Birmingham, AL 35203
Chris Mitchell, Esq. Constangy, Brooks & Smith, L.L.C. 1410 AmSouth/Harbert Plaza 1901 6th Avenue North Birmingham, AL 35203-2602
Keith W. Kochler, Esq. BellSouth Telecommunications, Inc. 675 West Peachtree Street, Suite 4300 Atlanta, GA 30375
Paul Stagliano, Esq. BellSouth Telecommunications, Inc. 675 West Peachtree Street, Suite 4300 Atlanta, GA 30375
Charles A. Powell IV, Esq. 1410 AmSouth/Harbert Plaza 1901 6th Avenue North Birmingham, AL 35203-2602

Andrew C. Allen, Esq. Whatley Drake, LLC 2323 2nd Avenue North Birmingham, AL 35203
Richard A. Meelheim, Esq. Meelheim, Wilkinson & Meelheim, P.C. 2013 2nd Ave. N. Birmingham, AL 35203
Tamula R. Yelling, Esq. Meelheim, Wilkinson & Meelheim, P.C. 2013 2nd Ave. N. Birmingham, AL 35203
Mary Elizabeth Olsen, Esq. Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, P.C. P. O. Drawer 3103 Mobile, AL 36652

 
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CASREF, CLOSED2003, JURY, R16MLD
U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:01-cv-00087-M

Equal Employment Opp v. BellSouth, Inc. Assigned to: Magistrate Judge Bert W. Milling, Jr Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 02/01/2001 Date Terminated: 10/22/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Charles Guerrier Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2044 Email: charles.guerrier@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Debra W. Hawes Crook Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Email: debra.crook@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eunice H. Morrow Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-731-0628 Fax: 2057312101 Email: eunice.morrow@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jill Lolley Vincent Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881

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Intervenor Plaintiff Melvia Clemmons V. Defendant BellSouth Telecommunications, Inc.
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205-731-0628 Fax: 2057312101 TERMINATED: 12/06/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mildred Byrd Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2043 Email: Mildred.Byrd@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valerie Hicks Powe Equal Employment Opportunity Commission 1130 22nd St. S., Ste. 2000 Birmingham, AL 35205-2881 205-212-2046 Email: valerie.powe@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary Elizabeth Olsen Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, P.C. P. O. Drawer 3103 Mobile, AL 36652 251-433-8100 Email: molsen@gmlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles A. Powell, IV Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 1600 Wachovia Tower 420 North 20th Street Birmingham, AL 35203 (205) 328-0480 Fax: (205) 322-8007 Email: cpowell@bakerdonelson.com
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Intervenor Defendant BellSouth Telecommunications, Inc. Intervenor Plaintiff
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TERMINATED: 07/29/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chris Marlowe Mitchell 1901 Sixth Avenue North 2400 AmSouth/Harbert Plaza Birmingham, AL 35203 (205) 254-1160 Fax: 205-254-1999 Email: cmitchell@maynardcooper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
George A. Stohner Morgan, Lewis & Bockius LLP 101 Park Avenue New York, NY 10178 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keith W. Kochler BellSouth Telecommunications, Inc. 675 West Peachtree Street, Suite 4300 Atlanta, GA 30375 TERMINATED: 07/25/2002 ATTORNEY TO BE NOTICED
Paul Stagliano 1100 Peachtree St., Ste. 1400 Atlanta, GA 30309 (404) 249-5040 ATTORNEY TO BE NOTICED
represented by Chris Marlowe Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Keith W. Kochler (See above for address) TERMINATED: 07/25/2002 ATTORNEY TO BE NOTICED
Paul Stagliano (See above for address) ATTORNEY TO BE NOTICED
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Debra Jones
Intervenor Plaintiff Laverne Kidd
Intervenor Plaintiff Patricia Jenkins
Intervenor Plaintiff Leon Burroughs
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represented by Andrew C. Allen Whatley Drake, LLC P.O. Box 10647 Birmingham, AL 35202-0647 205-328-9576 Email: aallen@whatleydrake.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco Whatley Drake, L.L.C. P.O. Box 10647 Birmingham, AL 35202-0647 (205) 328-9576 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Intervenor Plaintiff Franklin Scruggs
Intervenor Plaintiff Leonard Steil
Intervenor Plaintiff Calvin Renchler
Intervenor Plaintiff Leroy E. Curry
Intervenor Plaintiff Antionette Blakely
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represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Intervenor Plaintiff Deborah Davis
Intervenor Plaintiff Dominic Lewis
Intervenor Plaintiff Bruce Mitchel
Intervenor Plaintiff Carol Brandon
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Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard P. Rouco (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew C. Allen (See above for address) TERMINATED: 03/21/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard A. Meelheim Meelheim & Dodson, LLC 2013 2nd Ave. N.
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Birmingham, AL 35203 (205) 252-2500 Fax: 2054530326 Email: meelheimlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Tamula R. Yelling 181 West Valley Ave., Suite 100 Birmingham, AL 35209 205-941-1515 Fax: 2052525838 Email: tamyelling@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/01/2001 03/09/2001 03/23/2001 04/02/2001 04/23/2001
05/02/2001 05/16/2001 05/16/2001 05/16/2001 05/24/2001

#

Docket Text

1 COMPLAINT filed - Job Discrimination (Race); FILING FEE $ waived (tgw) (Entered: 02/01/2001)
2 WAIVER OF SERVICE Returned Executed as to BellSouth, Inc. (mpp) (Entered: 03/13/2001)
3 MOTION by Melvia Clemmons to Intervene referred to M/J Steele 3-28-00 (mbp) (Entered: 03/28/2001)
4 ORDER, Response to Motion set to 4/12/01 for [3-1] motion to Intervene ( signed by Mag. Judge William H. Steele ); copies mailed 4-3-01 (mbp) (Entered: 04/03/2001)
5 ORDER entered that the Court's Order of 3-28-01 (Doc. 4) is RESCINDED; within 14 days after Defendant files its answer to the Complaint, Defendant shall show cause why Melvia Clemmons' Motion to Intervene should not be granted ( signed by Mag. Judge William H. Steele ); copies mailed 4-25-01 (mbp) (Entered: 04/25/2001)
6 ANSWER to Complaint by BellSouth, Inc. (Attorney Chris Mitchell, Keith W. Kochler, Paul Stagliano), (mbp) (Entered: 05/04/2001)
7 Notice of Assignment to Mag. Judge William H. Steele for trial. (mca) (Entered: 05/17/2001)
8 PRELIMINARY SCHEDULING ORDER entered by Mag. Judge William H. Steele; Report of Parties Planning Meeting due 7/2/01 ; Consent to Magistrate form due nlt 7/2/01 (mca) (Entered: 05/17/2001)
Deadline updated; set Consent Notice Deadline to 7/2/01 (mca) (Entered: 05/17/2001)
9 RESPONSE by BellSouth, Inc. to [3-1] motion to Intervene; referred to M/J Steele 5/29/01 (mbp) (Entered: 05/29/2001)

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05/29/2001 05/31/2001
06/20/2001 06/20/2001 06/25/2001
06/25/2001 06/26/2001 06/27/2001 07/02/2001 07/05/2001 07/09/2001 07/18/2001
07/19/2001 07/19/2001 07/19/2001 07/20/2001

10 MOTION by Equal Employment Opp to Strike [9-1] motion response to motion to intervene ; referred to M/J Steele 5/31/01 (mbp) (Entered: 05/31/2001)
11 ORDER entered that the parties are to confer for the purpose of discussing the issue of case assignment; if it is the intent of all parties to consent, the parties shall execute on consent form to file filed by 6/15/01 reset Consent Notice Deadline to 6/15/01 ( signed by Mag. Judge William H. Steele ); copies mailed 6/4/01 (mbp) (Entered: 06/04/2001)
CASE reassigned to Chief Judge Charles Butler Jr. (mbp) (Entered: 06/20/2001)
CASE ASSIGNED to Mag. Judge William H. Steele (mbp) (Entered: 06/20/2001)
12 ORDER granting [10-1] motion to Strike [9-1] motion response to motion to intervene, and granting [3-1] motion to Intervene ( signed by Chief Judge Charles Butler Jr. ) copies mailed (mab) (Entered: 06/26/2001)
13 Intervenor's COMPLAINT by Melvia Clemmons against BellSouth, Inc.; jury demand (mab) (Entered: 06/26/2001)
Deadline updated; set Answer to Intervenor's Complaint deadline to 7/16/01 for BellSouth, Inc. (mab) (Entered: 06/26/2001)
14 MOTION by BellSouth, Inc. to Reconsider [12-1] order of 6/25/01 ; ref. J/Butler (mab) (Entered: 06/27/2001)
15 REPORT of Planning Meeting filed by parties. (mab) (Entered: 07/02/2001)
16 ORDER, set Scheduling Conference for 2:00 7/19/01 ( signed by Mag. Judge William H. Steele ) (cmj) (Entered: 07/05/2001)
17 NOTICE of attorney appearance for Equal Employment Opp by Valerie Hicks Powe (mab) (Entered: 07/10/2001)
18 ORDER granting [14-1] motion to Reconsider [12-1] order of 6/25/01; the Court declines defendant's request to defer ruling on the motion to interevene and to require a more definite statement and AFFIRMS its order granting the motion to intervene. ( signed by Chief Judge Charles Butler Jr. ) copies mailed (mab) (Entered: 07/18/2001)
Scheduling conference held before MJ/Steele (mab) (Entered: 07/20/2001)
MOTION in open court by Equal Employment Opp, BellSouth, Inc., Melvia Clemmons to submit briefs re: bifurcated discovery (mab) (Entered: 07/20/2001)
MOTION in open court by BellSouth, Inc. to Bifurcate Discovery (mab) (Entered: 08/14/2001)
19 ORDER granting [0-0] motion to submit briefs re: bifurcated discovery. EEOC is allowed until 8/3/01 to submit its brief on issue of bifurcation . Bellsouth has 7 days following receipt of EEOC's brief (8/15/01) to file a response . All discovery and entry of Rule 16(b) Scheduling Order is STAYED until the Court resolves the issue of bifurcated discovery. ( signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 07/20/2001)

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07/20/2001 08/03/2001 08/03/2001 08/10/2001 08/13/2001
09/12/2001 09/14/2001 09/14/2001 09/17/2001 09/19/2001 09/19/2001 09/24/2001
09/26/2001 09/26/2001 09/27/2001 10/03/2001

Discovery Stayed pending resolution of bifurcated dicovery (see doc. 19) (mab) (Entered: 08/03/2001)
20 MEMORANDUM by Equal Employment Opp in Opposition to Bifurcation of Discovery; ref. MJ/Steele (mab) Modified on 08/10/2001 (Entered: 08/03/2001)
Deadline updated; set Deft's Reply Brief deadline to 8/16/01 re: bifurcation of discovery (mab) (Entered: 08/03/2001)
21 MEMORANDUM by defendant BellSouth, Inc. on the Sequence of Discovery; ref. MJ/Steele (mab) Modified on 08/10/2001 (Entered: 08/10/2001)
22 RULE 16(b) SCHEDULING ORDER, denying Defendant's motion to sequence discovery; setting Discovery cutoff 2/15/02; Deadline for filing of summary judgment motions 2/22/02; Joining of parties,amending of pleadings on 2/28/01; Settlement Position due 2/15/02; Jury Trial set for 5/7/02; Jury Selection set for 5/7/02; and Pretrial conference set for 11:00 4/25/02 before Chief Judge Charles Butler Jr. ; ( (signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 08/14/2001)
23 UNOPPOSED MOTION to Intervene by Debra Jones, et al. ; ref. J/Butler (mab) (Entered: 09/13/2001)
24 ORDER granting [23-1] motion to Intervene by Debra Jones, et al. ( signed by Chief Judge Charles Butler Jr. ) (cmj) (Entered: 09/14/2001)
25 Intervenor's COMPLAINT by Debra Jones, et al. against BellSouth (cmj) (Entered: 10/09/2001)
26 RESPONSE by BellSouth, Inc. to Pltfs' Unopposed [23-1] motion to Intervene by Debra Jones, et al.; ref. J/Butler (mab) (Entered: 09/17/2001)
27 ANSWER by BellSouth, Inc. to Complaint in Intervention filed by Debra Jones, et al. (mab) Modified on 09/21/2001 (Entered: 09/21/2001)
28 ANSWER by BellSouth, Inc. to Complaint in Intervention filed by Elvia Clemmons (mab) (Entered: 09/21/2001)
29 ORDER acknowledging BellSouth's opposition to intervenor's claims under 28 U.S.C. Section 1981 (Doc. 26); and AFFIRMING its previous order granting the motion to intervene. ( signed by Chief Judge Charles Butler Jr. ) copies mailed (mab) (Entered: 09/24/2001)
30 MOTION by EEOC to Compel Production of Documents ; ref. MJ/Steele (mab) Modified on 10/09/2001 (Entered: 09/26/2001)
31 MEMORANDUM by EEOC in support of [30-1] motion to Compel Production of Documents; ref. MJ/Steele (mab) Modified on 10/09/2001 (Entered: 09/26/2001)
32 ORDER, Response to Motion set to 10/9/01 for [30-1] motion to Compel Production of Documents ( signed by Mag. Judge William H. Steele ) (cmj) (Entered: 09/28/2001)
33 NOTICE of attorney appearance for BellSouth, Inc. by Charles A. Powell IV (mab) (Entered: 10/03/2001)

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10/03/2001 10/03/2001 10/09/2001 10/09/2001 10/09/2001 10/15/2001 10/15/2001 10/18/2001
10/30/2001 11/05/2001 11/05/2001 11/05/2001

34 MOTION by BellSouth, Inc. for Protective Order Under Rule 26(c)(5) sequestering Pltfs. and preventing them from attending each others' depositions ; ref. MJ/Steele (mab) Modified on 10/03/2001 (Entered: 10/03/2001)
35 MOTION by BellSouth, Inc. for Protective Order regarding documents to be produced by BellSouth in response to pltf's requests for production ; ref. MJ/Steele (mab) (Entered: 10/03/2001)
36 RESPONSE by BellSouth, Inc. to [30-1] motion to Compel Production of Documents; ref. to Judge Steele (cmj) Modified on 10/10/2001 (Entered: 10/09/2001)
37 ORDER, Response to Motion set to 10/15/01 for [35-1] motion for Protective Order regarding documents to be produced by BellSouth in response to pltf's requests for production ( signed by Mag. Judge William H. Steele ) (cmj) Modified on 10/10/2001 (Entered: 10/09/2001)
38 ORDER denying [34-1] motion for Protective Order Under Rule 26(c)(5) sequestering Pltfs. and preventing them from attending each others' depositions ( signed by Mag. Judge William H. Steele ) (cmj) Modified on 10/10/2001 (Entered: 10/09/2001)
39 MEMORANDUM by Equal Employment Opp in opposition to [35-1] motion for Protective Order regarding documents to be produced by BellSouth in response to pltf's requests for production; ref. MJ/Steele (mab) (Entered: 10/16/2001)
40 PLAINTIFFS-INTERVENORS' JOINT RESPONSE by Melvia Clemmons, Debra Jones, et al., to [37-1] Order to Show Cause re: M/for Protective Order; ref. MJ/Steele (loose) (mab) (Entered: 10/16/2001)
41 ORDER, Motion Hearing set for 2:00 10/31/01 for [35-1] motion for Protective Order regarding documents to be produced by BellSouth in response to pltf's requests for production, set for 2:00 10/31/01 for [30-1] motion to Compel Production of Documents ; parties are to contact office of undersigned nlt 10/30/01 to confirm the continued need for this hearing; setting Response to Order Deadline re: [41-1] order to 10/9/01 ( signed by Mag. Judge William H. Steele ); Copies mailed 10/19/01 & courtroom deputy; (mjn) (Entered: 10/19/2001)
42 AFFIDAVIT of Seth Zimmer by BellSouth, Inc. Re: [35-1] motion for Protective Order regarding documents to be produced by BellSouth in response to pltf's requests for production; ref. to Judge Steele (cmj) (Entered: 10/30/2001)
43 UNOPPOSED MOTION by Equal Employment Opp to Amend [22-1] Rule 16(b) Scheduling Order and to Extend Attendant Deadlines ; ref. MJ/Steele (mab) (Entered: 11/05/2001)
44 NOTICE by Equal Employment Opp of Submission of Proposed Protective Order; ref. MJ/Steele (mab) (Entered: 11/06/2001)
45 ORDER denying [30-1] motion to Compel Production of Documents, granting [35-1] motion for Protective Order regarding documents to be produced by BellSouth in response to pltf's requests for production ( signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 11/06/2001)

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11/05/2001 11/07/2001
11/29/2001 12/03/2001 12/03/2001 12/04/2001
12/04/2001 12/05/2001 12/06/2001 12/07/2001 12/07/2001 12/07/2001 12/10/2001
12/17/2001

46 PROTECTIVE ORDER entered. ( signed by Mag. Judge William H. Steele) copies mailed (mab) (Entered: 11/06/2001)
47 AMENDED SCHEDULING ORDER setting Discovery cutoff 4/15/02 ; Deadline for filing dispositive motions 4/22/02 ; Joining of parties,amending of pleadings on 12/21/01 ; Settlement Position due 4/15/02 Jury Trial set for 9:00 7/2/02 ; Jury Selection set for 9:00 7/2/02 Pretrial conference for 3:30 6/27/02 ; before Chief Judge Charles Butler Jr. ; granting [43-1] motion to Amend [22-1] Rule 16(b) Scheduling Order and to Extend Attendant Deadlines ( signed by Mag. Judge William H. Steele ) (cmj) (Entered: 11/07/2001)
48 MOTION by Equal Employment Opp to Amend [1-1] complaint w/proposed (unsigned) amended complaint attached; ref. J/Butler (mab) (Entered: 11/30/2001)
49 MOTION by BellSouth, Inc. to Quash EEOC's Deposition Notice ; ref. MJ/Steele (mab) (Entered: 12/04/2001)
51 MOTION by Equal Employment Opp for Jill Lolley Vincent to Withdraw as Attorney (mab) (Entered: 12/04/2001)
50 ORDER, If deft. opposes [48-1] motion to Amend [1-1] complaint, it should file a response by 12/20/01 . If no response is filed, the Court will presume that the motion is unopposed. ( signed by Chief Judge Charles Butler Jr. ) copies mailed (mab) (Entered: 12/04/2001)
52 ORDER, Pltfs. are ORDERED by 12/17/01, to show cause why Deft's [49-1] motion to Quash EEOC's Deposition Notice should not be granted . ( signed by Chief Judge Charles Butler Jr. ) copies mailed (mab) (Entered: 12/05/2001)
53 MOTION by BellSouth, Inc. to Modify [46-1] Protective Order ; ref. MJ/Steele (mab) (Entered: 12/06/2001)
54 NOTICE entered, that the [51-1] motion for Jill Lolley Vincent to Withdraw as Attorney was endorsed "Granted." ( signed by Chief Judge Charles Butler Jr. on 12/6/01), copies mailed (mab) (Entered: 12/06/2001)
55 NOTICE entered, that the Defendant's [53-1] Consent Motion to Modify [46-1] Protective Order was endorsed "GRANTED." (signed by Mag. Judge William H. Steele on 12/7/01), copies mailed (mab) (Entered: 12/07/2001)
56 PROTECTIVE ORDER entered. ( signed by Mag. Judge William H. Steele) copies mailed (mab) (Entered: 12/07/2001)
57 MOTION by Melvia Clemmons to Amend [1-1] complaint Proposed amended complaint attached; ref to Judge Butler (tgw) (Entered: 12/10/2001)
58 ORDER, deft. should file response if it opposes pltf's [57-1] motion to Amend [1-1] complaint by 12/28/01 . If no response is filed, the Court will presume that the motion is unopposed. ( signed by Chief Judge Charles Butler Jr. ) copies mailed (mab) (Entered: 12/11/2001)
59 RESPONSE by Equal Employment Opp to Defendant's [49-1] motion to Quash EEOC's Deposition Notice (oral argument requested); ref. MJ/Steele (mab) (Entered: 12/17/2001)

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12/17/2001 12/18/2001
12/26/2001 12/26/2001 12/26/2001 12/26/2001 01/02/2002
01/08/2002 01/11/2002 01/16/2002
01/18/2002
01/18/2002 01/18/2002 01/23/2002

60 RESPONSE by BellSouth, Inc. to pltf-intervenor Melvia Clemmons, et al's [57-1] motion to Amend [1-1] complaint, and to pltf. EEOC's [48-1] motion to Amend [1-1] complaint (mab) (Entered: 12/17/2001)
61 ORDER, setting oral argument before the undersigned at 2:00 on 1/3/02 re: [49-1] motion to Quash EEOC's Deposition Notice, in Courtroom 1A . Parties are directed, nlt. 1/2/02, to confirm continued need for hearing. ( signed by Mag. Judge William H. Steele ), copies mailed (mab) Modified on 01/02/2002 (Entered: 12/18/2001)
62 MOTION by Equal Employment Opp to Compel Production of Documents ; ref. MJ/Steele (mab) (Entered: 12/27/2001)
63 MEMORANDUM by Equal Employment Opp in support of [62-1] motion to Compel Production of Documents (mab) (Entered: 12/27/2001)
64 MOTION by Equal Employment Opp to Compel Supplementation of Rule 26 Disclosures ; ref. MJ/Steele (mab) (Entered: 12/27/2001)
65 MEMORANDUM by Equal Employment Opp in support of [64-1] motion to Compel Supplementation of Rule 26 Disclosures (mab) (Entered: 12/27/2001)
66 ORDER, that Deft. is by 1/11/02 to show cause why Pltf's [64-1] motion to Compel Supplementation of Rule 26 Disclosures, and [62-1] motion to Compel Production of should not be granted. ( signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 01/02/2002)
67 ORDER granting [49-1] motion to Quash EEOC's Deposition Notice as to categories B-D & M & N. ( signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 01/08/2002)
68 OPPOSITION by BellSouth, Inc. to EEOC's [64-1] motion to Compel Supplementation of Rule 26 Disclosures (mab) (Entered: 01/11/2002)
69 ORDER, setting discovery conference for 10:00 a.m. on 1/25/02 re: Deft's [64-1] motion to Compel Supplementation of Rule 26 Disclosures, and Pltf's [62-1] motion to Compel Production of Documents . Parties are directed to contact the undersigned by 1/24/02 to confirm continued need for conference. ( signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 01/16/2002)
70 ORDER granting Intervenor Plaintiff Melvia Clemmons' [57-1] motion to Amend complaint; and granting the Jones Intervenors' [48-1] motion to Amend complaint ( signed by Chief Judge Charles Butler Jr. ) copies mailed (mab) (Entered: 01/18/2002)
71 FIRST AMENDED COMPLAINT IN INTERVENTION by Melvia Clemmons: amending [13-1] intervenor complaint (mab) Modified on 01/18/2002 (Entered: 01/18/2002)
Deadline updated; set Answer to Melvia Clemmons First Amended Complaint in Intervention deadline to 2/4/02 for BellSouth, Inc. (mab) (Entered: 01/18/2002)
72 MOTION by Equal Employment Opp for Reconsideration of [67-1] order of 1/8/02 ; ref. MJ/Steele (mab) (Entered: 01/25/2002)

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01/23/2002 01/28/2002 01/30/2002
02/01/2002 02/01/2002
02/04/2002 02/04/2002
02/06/2002 02/08/2002 02/08/2002 02/13/2002 02/13/2002 02/13/2002

73 MEMORANDUM by Equal Employment Opp in support of [72-1] motion for Reconsideration of [67-1] order of 1/8/02 (mab) (Entered: 01/25/2002)
74 ORDER, Deft. is ORDERED by 2/6/02 to show cause why Pltf's [72-1] motion for Reconsideration of [67-1] order of 1/8/02 should not be granted. ( signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 01/29/2002)
149 ORDER that a hearing was held on 1/24/03 re: status of pending discovery motions. The court will defer ruling on any of the presntly-pending discovery motions until after the settlement conference, if necessary. If action is not settled, the court will set hearing dates. The remaining dates in the present Second Ameded Rule 16(b) Scheduling ORder (Doc. 129) are suspended pending the settlement conference. ( signed by Mag. Judge Bert W. Milling Jr. ) (mab) (Entered: 01/31/2003)
75 MOTION by BellSouth, Inc. for Extension of Time to Respond to Plaintiff's Motion for Reconsideration ; ref. MJ/Steele (loose (mab) (Entered: 02/01/2002)
76 ORDER re: EEOC's [64-1] motion to Compel Supplementation of Rule 26 Disclosures, and [62-1] motion to Compel Production of Documents. The parties are to act in accordance with the rulings made by the Court during the hearing conducted on 1/25/02. ( signed by Mag. Judge William H. Steele ) copies mailed (mab) (Entered: 02/01/2002)
77 NOTICE entered, endorsed granting [75-1] motion for Extension of Time to Respond to Plaintiff's Motion for Reconsideration, Response to Motion set to 2/13/02 for [72-1] motion for Reconsideration of [67-1] order of 1/8/02 ( signed by Mag. Judge William H. Steele ) copies to counsel (srr) (Entered: 02/04/2002)
78 MOTION by Equal Employment Opp, Debra Jones, Laverne Kidd, Patricia Jenkins, Leon Burroughs, Franklin Scruggs, Leonard Steil, Calvin Renchler, Leroy E. Curry, Antionette Blakely, Deborah Davis, Dominic Lewis, Bruce Mitchel, Carol Brandon, BellSouth, Inc., Melvia Clemmons to Amend [47-1] Scheduling order ref. to Judge Steele (cmj) (Entered: 02/05/2002)
79 NOTICE of filing by Equal Employment Opp "Notice of Correction"re: [75-1] motion for Extension of Time to Respond to Plaintiff's Motion for Reconsideration; ref. to Judge Steele (cmj) (Entered: 02/06/2002)
CASE reassigned to Judge Callie V. Granade (srr) (Entered: 02/08/2002)
CASE REASSIGNED to Mag. Judge Bert W. Milling Jr. (jlr) (Entered: 02/08/2002)
80 MOTION by Equal Employment Opp for Clarification of Court's Ruling on January 25, 2002 Hearing ; ref. MJ/Milling (mab) (Entered: 02/13/2002)
81 NOTICE of Filing (Copy of) Transcript of Hearing on January 25, 2002 by Equal Employment Opp in re: (Transcript in RED FILE FOLDER); ref. MJ/Milling (mab) (Entered: 02/13/2002)
82 ANSWER by BellSouth, Inc. (Attorney ) to amended complaint in intervention of Melvia Clemmons (mab) (Entered: 02/13/2002)

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02/13/2002 02/13/2002 02/20/2002 02/21/2002 02/21/2002 02/21/2002 02/22/2002 02/25/2002
03/08/2002 03/08/2002 03/11/2002 03/12/2002

83 ANSWER by BellSouth, Inc. to amended complaint in intervention filed by Debra Jones, Laverne Kidd, Patricia Jenkins, Leon Burroughs, Franklin Scruggs, Leonard Stiel, Calvin Rencher, Leroy Curry, Antoinette Blakely, Deborah Davis, Dominic Lewis, Bruce Mitchell, and Carol Brandon (mab) (Entered: 02/13/2002)
84 RESPONSE by BellSouth, Inc. to [72-1] motion for Reconsideration of [67-1] order of 1/8/02; ref. MJ/Milling 2/15/02 (mab) Modified on 02/22/2002 (Entered: 02/13/2002)
85 MOTION by Equal Employment Opp to Expedite Ruling on Plaitniffs' Joint Motion to Amend Rule 16(b) Scheduling Order , or alternatively for Extension of Deadline for Filing Plaintiff's Expert's Report ; ref. MJ/Milling (loose) (mab) (Entered: 02/21/2002)
86 NOTICE of Filing Original Affidavit by Equal Employment Opp in re: [85-1] motion to Expedite Ruling on Plaitniffs' Joint Motion to Amend Rule 16(b) Scheduling Order, [85-2] motion for Extension of Deadline for Filing Plaintiff's Expert's Report; ref. MJ/Milling (loose) (mab) (Entered: 02/21/2002)
87 MOTION by Equal Employment Opp for Protective Order ; ref. MJ/Milling (loose) (mab) (Entered: 02/21/2002)
88 MEMORANDUM by Equal Employment Opp in support of [87-1] motion for Protective Order; ref. MJ/Milling (loose) (mab) Modified on 02/21/2002 (Entered: 02/21/2002)
89 RESPONSE by BellSouth, Inc. to [78-1] motion to Amend [47-1] Scheduling order; ref. MJ/Milling (loose) (mab) Modified on 02/22/2002 (Entered: 02/22/2002)
90 ORDER, setting Scheduling Conference for 1:30 3/11/02 , and a hearing on all pending discovery motions for 1:30 3/11/02 re: [87-1] motion for Protective Order; [85-1] motion to Expedite Ruling on Plaitniffs' Joint Motion to Amend Rule 16(b) Scheduling Order; [85-2] motion for Extension of Deadline for Filing Plaintiff's Expert's Report; [80-1] motion for Clarification of Court's Ruling on January 25, 2002; [78-1] motion to Amend [47-1] Scheduling order; [72-1] motion Reconsideration of [67-1] order of 1/8/02 ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) Modified on 02/26/2002 (Entered: 02/26/2002)
91 RESPONSE by BellSouth, Inc. to EEOC's [80-1] motion for Clarification of Court's Ruling on January 25, 2002 Hearing; ref. MJ/Milling (loose) (mab) (Entered: 03/08/2002)
92 OPPOSITION by BellSouth, Inc. to EEOC's [87-1] motion for Protective Order; ref. MJ/Milling (loose) (mab) (Entered: 03/08/2002)
Scheduling conference held Tape/Scanner: 617 (1820-End); 618 (0-) (eec) Modified on 03/11/2002 (Entered: 03/11/2002)
93 ORDER denying without prejudice: [87-1] motion for Protective Order; [80-1] motion for Clarification of Court's Ruling on 25, 2002 Hearing; [72-1] motion for Reconsideration of [67-1] order of 1/8/02; denying [64-1] motion to Compel Supplementation of Rule 26 Disclosures; [62-1] motion to Compel Production of Documents; granting [85-1] motion to Expedite Ruling on Plaitniffs' Joint Motion to Amend Rule 16(b) Scheduling Order, granting [85-2] motion for

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03/18/2002 03/18/2002 03/21/2002
03/25/2002 03/25/2002 03/25/2002 04/08/2002 04/08/2002 04/08/2002 04/10/2002 04/12/2002 04/15/2002

Extension of Deadline for Filing Plaintiff's Expert's Report, granting [78-1] motion to Amend [47-1] Scheduling order; however court will not amend the previously amended Rule 16(b) Scheduling Order until after it rules on any motion to compel filed on 3/25/02. Discovery is not stayed. Those discovery issues not resolved through good faith conferencing among counsel are to be addressed in a new fully-complying motion to compel file by 3/25/02 ; If an additional hearing is needed on any unresolved discovery, that hearing will be held on Monday, 4/15/02 at 9:00 a.m. in Courtroom 3B before Mag. Judge Bert W. Milling Jr. ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) Modified on 03/12/2002 (Entered: 03/12/2002)
94 MOTION by Carol Brandon for Substitution of Counsel Richard A. Meelheim and Tamula R. Yelling for Andrew C. Allen; ref. J/Granade (loose) (mab) (Entered: 03/19/2002)
Added for Carol Brandon attorney Richard A. Meelheim, Tamula R. Yelling (mab) (Entered: 03/19/2002)
95 NOTICE entered, the plaintiff-intervenor Carol Brandon's [94-1] Motion for Substitution of Counsel was endorsed "GRANTED." ( signed by Judge Callie V. Granade on 3/21/02), copies mailed (mab) Modified on 03/25/2002 (Entered: 03/25/2002)
96 MOTION by BellSouth, Inc. to Compel Discovery Responses ; ref. MJ/Milling (loose) (mab) (Entered: 03/26/2002)
97 MOTION by Equal Employment Opp for Protective Order ; ref. MJ/Milling (loose) (mab) (Entered: 03/26/2002)
98 MOTION by Equal Employment Opp for Leave to Depose Defendant's Rule 30(b)(6) Witness on Additional Topics Discovery (attachments in RED FILE FOLDER); ref. MJ/Milling (loose) (mab) (Entered: 03/26/2002)
99 OPPOSITION by BellSouth, Inc. to EEOC's [97-1] motion for Protective Order; ref. MJ/Milling (loose) (mab) (Entered: 04/09/2002)
100 RESPONSE by BellSouth, Inc. to EEOC'S [98-1] motion for Leave to Depose Defendant's Rule 30(b)(6) Witness on Additional Topics Discovery; ref. MJ/Milling (loose) (mab) (Entered: 04/09/2002)
101 RESPONSE by Equal Employment Opp to Defendant's [96-1] motion to Compel Discovery Responses; ref. MJ/Milling (loose) (mab) (Entered: 04/09/2002)
102 MOTION by BellSouth, Inc. for Extension of Time to Respond to the Plaitniff's Discovery Requests ; ref. MJ/Milling (loose) (mab) (Entered: 04/10/2002)
103 Supplement to [96-1] Motion to Compel Discovery Responses filed by BellSouth, Inc. (Ref to MJ/Milling loose on 4/12/02) (tot) (Entered: 04/12/2002)
104 Notice of Filing AFFIDAVIT of Cynthia G. Pierce, District Director for the Birmingham District Office of EEOC, filed by Equal Employment Opp in support of [97-1] Motion for Protective Order, [101-1] Response to BellSouth's Motion to Compel Discovery (Ref to MJ/Milling loose on 4/15/02) (tot) (Entered: 04/15/2002)

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04/15/2002 04/15/2002 04/15/2002 04/17/2002
04/18/2002 05/02/2002 05/09/2002 05/13/2002 05/15/2002
05/17/2002 05/17/2002

105 Notice of Filing AFFIDAVIT of Leon P. Jones, investigator for EEOC, filed by Equal Employment Opp in support of [97-1] Motion for Protective Order, [101-1] Response to BellSouth's Motion to Compel Discovery (Ref to MJ/Milling loose on 4/15/02) (tot) (Entered: 04/15/2002)
106 Notice of Filing AFFIDAVIT of Cari M. Dominguez, Chairwoman of EEOC, filed by Equal Employment Opp in support of [97-1] Motion for Protective Order, [101-1] Response to BellSouth's Motion to Compel Discovery (Ref to MJ/Milling loose on 4/15/02) (tot) (Entered: 04/15/2002)
Motion hearing re: Discovery Motions pending held before MJ/Milling (mab) (Entered: 04/23/2002)
107 ORDER (hearing held 4/15/02) granting in part, denying in part [96-1] motion to Compel Discovery Responses as supplemented (Doc. 103); granting [98-1] motion for Leave to Depose Defendant's Rule 30(b)(6) Witness on Additional Topics Discovery; granting [102-1] motion for Extension of Time to Respond to the Plaitniff's Discovery Requests; Court will rule on motion for protective order (Doc. 97) when certain criteria are met by counsel. Counsel are to notify the court if motion for protective order becomes moot. Parties have agreed to MEDIATION. Parties are to inform the court immediately of the mediation schedule and the date by which it will be concluded after the May, 2002 meeting. Discovery deadline, PTC & trial are CANCELLED and will be reset when a new amended Rule 16(b) scheduling or is entered. ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 04/18/2002)
Deadline updated; set Status Report deadline to 5/17/02 (See doc. 107) Parties are to notify court of mediation schedule and date by which it will be concluded after May 9 or 10, 2002 meeting. (mab) (Entered: 04/18/2002)
108 ORDER, deft. is to Show Cause nlt. 5/16/02 why it has not complied w/LR 3.4 re: disclosure stmt. ( signed by Judge Callie V. Granade ) copies mailed (mab) (Entered: 05/03/2002)
109 Disclosure Statement filed by BellSouth, Inc.; copies to J/Granade & MJ/Milling (mab) (Entered: 05/09/2002)
110 REPORT OF THE PARTIES' MEETING WITH MEDIATOR filed by Equal Employment Opp; ref. MJ/Milling (mab) (Entered: 05/14/2002)
111 ORDER that per the Report of Parties' Meeting with Mediator (Doc. 110), mediation is scheduled on 7/1/02. Therefore, the parties are ordered to inform the court of the results of mediaiton immediately upon its conclusion, but in any event, nlt. 7/26/02. set Mediation Status Report deadline to 7/26/02 . If this action does not setle, the court will enter an Amended Rule 16(b) Scheduling Order. ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 05/16/2002)
112 MOTION by BellSouth, Inc. for Admission Paul T. Stagliano to Practice Pro Hac Vice ; application and CGS attached, fee paid; $38853; ref. J/Granade (mab) (Entered: 05/17/2002)
113 REPORT OF THE PARTIES' MEETING WITH MEDIATOR filed by BellSouth, Inc. (mab) (Entered: 05/17/2002)

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07/15/2002 07/24/2002 07/25/2002 07/26/2002 07/29/2002 07/29/2002 07/29/2002 07/31/2002 08/05/2002
08/30/2002 09/09/2002 09/17/2002 10/15/2002 10/15/2002

114 NOTICE entered, endorsed granting [112-1] motion for Admission Paul T. Stagliano to Practice Pro Hac Vice ( signed by Judge Callie V. Granade on 5/17/02) copies mailed (mab) (Entered: 05/22/2002)
115 NOTICE entered, the Defendant's [113-1] Report of the Parties' Meeting with Mediator was endorsed "Noted. See Court's Order dated 5-15-02 (Doc. 111)." ( signed by Mag. Judge Bert W. Milling Jr. on 5/21/02) copies mailed (mab) (Entered: 05/22/2002)
116 ORDER, the Atty. Kochler SHOW CAUSE by 7/26/02 why he has failed to move for either admission pro hac vice or or withdrawal . ( signed by Judge Callie V. Granade ) copies mailed (mab) (Entered: 07/15/2002)
117 MOTION by BellSouth, Inc. for Keith W. Kochler to Withdraw as Attorney ; ref. J/Granade (mab) (Entered: 07/24/2002)
118 NOTICE entered, endorsed granting [117-1] motion for Keith W. Kochler to Withdraw as Attorney ( signed by Judge Callie V. Granade on 7/25/02) copies mailed (mab) (Entered: 07/26/2002)
119 MOTION by BellSouth, Inc. for Charles A. Powell IV to Withdraw as Attorney ; ref. J/Granade (mab) (Entered: 07/29/2002)
120 MEDIATION REPORT filed by Equal Employment Opp; ref. MJ/Milling (mab) (Entered: 07/30/2002)
121 STATUS REPORT/NOTICE filed by BellSouth, Inc. re: mediation; ref. MJ/Milling (mab) (Entered: 07/30/2002)
122 NOTICE entered, the [119-1] motion for Charles A. Powell IV to Withdraw as Attorney was endorsed "Granted." (signed by Callie V. S. Granade on 7/29/02), copies mailed (mab) (Entered: 07/30/2002)
123 STATUS REPORT/NOTICE by Debra Jones, et al of result of mediation; ref. MJ/Milling (loose) (mab) (Entered: 07/31/2002)
124 ORDER noting the parties separate reports on mediation (Docs. 120,121, 123); Nlt. 8/30/02, the parties are to file a joint report re: results of mediation. If this action is not settled by that date and mediation has not concluded, the court will enter an Amended Rule 16(b) Scheduling Order. ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 08/05/2002)
125 REPORT OF THE PARTIES' MEDIATION EFFORTS; ref. MJ/Milling (mab) (Entered: 08/30/2002)
126 ORDER, set Supplemental Report of parties deadline to 9/17/02 ( signed by Mag. Judge Bert W. Milling Jr. ) copies faxed to parties (tgw) (Entered: 09/09/2002)
127 SUPPLEMENTAL REPORT of Planning Meeting filed by parties; ref. MJ/Milling (mab) (Entered: 09/18/2002)
128 ORDER denying [97-1] motion for Protective Order ( signed by Mag. Judge Bert W. Milling Jr. ) (mab) (Entered: 10/15/2002)
129 SECOND AMENDED RULE 16(b) SCHEDULING ORDER setting Discovery cutoff 2/14/03 ; Deadline for filing dispositive motions 3/7/03 ; Settlement

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12/26/2002 12/26/2002 12/26/2002 01/08/2003 01/08/2003 01/09/2003 01/13/2003

Position due 2/14/03 Jury Trial set for June, 2003; ETT 5-7 days; Jury Selection set for 8:45 6/3/03; Pretrial conference set for 11:00 5/19/03 before Judge Callie V. Granade ; ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 10/15/2002)
130 MOTION by Equal Employment Opp for Reconsideration of Order denying motion for protective order (Doc. 128) ; ref. MJ/Milling (mab) (Entered: 10/22/2002)
131 RESPONSE by BellSouth, Inc. to [130-1] motion for Reconsideration of Order denying motion for protective order (Doc. 128); ref. J/Milling (mab) (Entered: 10/25/2002)
132 REPLY filed by Equal Employment Opp to Defendant's [131-1] Response to EEOC's Motion for Reconsideration; ref. MJ/Milling (loose) (mab) (Entered: 10/30/2002)
133 MOTION by BellSouth, Inc. to Compel , and for for a Discovery/Settlement Conference; ref. MJ/Milling (mab) (Entered: 12/16/2002)
Added for Debra Jones, Laverne Kidd, Patricia Jenkins, Leon Burroughs, Franklin Scruggs, Leonard Steil, Calvin Renchler, Leroy E. Curry, Antionette Blakely, Deborah Davis, Dominic Lewis, Bruce Mitchel attorney Richard P. Rouco (mab) (Entered: 12/27/2002)
134 RESPONSE by Debra Jones, et al. [133-1] motion to Compel and Plaintiff's Motion for Leave to Respond to Defendant's Request No. 4; ref. MJ/Milling (loose) (mab) (Entered: 12/27/2002)
135 RESPONSE by Equal Employment Opp to [133-1] motion to Compel (Exhibits filed under seal); ref. MJ/Milling (loose) (mab) Modified on 12/27/2002 (Entered: 12/27/2002)
136 MOTION by Equal Employment Opp to Compel Defendant to Make Management Witnesses Available for Deposition ; ref. MJ/Milling (loose) (mab) (Entered: 12/27/2002)
137 MOTION by BellSouth, Inc. to Defer the Time for Defendant BellSouth Telecommunications, Inc. to Sumit Rebuttal Expert Reports ; ref. MJ/Milling (loose) (mab) (Entered: 01/09/2003)
138 MOTION by BellSouth, Inc. to Exclude Plaintiffs' Expert Reports Exhibits in RED FILE FOLDER) (mab) (Entered: 01/09/2003)
139 MOTION by BellSouth, Inc. for George A. Stohner to Appear Pro Hac Vice ; fee paid $25.00; receipt #41437; need application and certificate of good standing (mab) (Entered: 01/13/2003)
140 ORDER granting [133-2] motion for for a Discovery/ Settlement Conference, setting Discovery Hearing for 1:00 1/24/0 in courtroom 3B . Any response to [133-1] motion to Compel is to be file by 1/21/03 . Pltf. EEOC is ORDERED to bring to the hearing those documents listed in Deft's Response to EEOC's Motion for Reconsideration (Doc. 131). ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 01/14/2003)

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01/24/2003 01/31/2003 01/31/2003 02/05/2003
02/14/2003 02/14/2003 04/24/2003

141 Supplemental [137-1] motion to Defer the Time for Defendant BellSouth Telecommunications, Inc. to Sumit Rebuttal Expert Reports filed by BellSouth, Inc.; ref. MJ/Milling (mab) Modified on 01/16/2003 (Entered: 01/16/2003)
142 CORRECTION by BellSouth, Inc. to Motion to Exclude Plaintiffs' Expert Reports ; ref. J/Milling (mab) (Entered: 01/16/2003)
142 CORRECTION by BellSouth, Inc. to Motion to Exclude Plaintiff's Expert Reports (mab) (Entered: 02/19/2003)
143 OPPOSITION by BellSouth, Inc. to EEOC's [136-1] Motion to Compel Defendant to Make Management Witnesses Available for Deposition; ref. MJ/Milling (mab) (Entered: 01/22/2003)
144 RESPONSE by Debra Jones, et al. to [142-1] Motion to Exclude Plaintiffs' Expert Reports; ref. MJ/Milling (mab) (Entered: 01/22/2003)
145 RESPONSE by Equal Employment Opp to [137-1] motion to Defer the Time for Defendant BellSouth Telecommunications, Inc. to Sumit Rebuttal Expert Reports; ref. MJ/Milling (mab) (Entered: 01/22/2003)
146 RESPONSE by Equal Employment Opp to [142-1] motion to Exclude Plaintiffs' Expert Reports (ATTACHMENTS IN RED FILE FOLDER); ref. MJ/Milling (mab) Modified on 01/22/2003 (Entered: 01/22/2003)
147 ORDER, setting Settlement Conference for 9:00 4/3/03 ; Counsel are to submit to the undersigned in chambers by 5:00 p.m. on 3/31/03, a confidential settlement statement as further set out. ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 01/27/2003)
148 Application and Certificate of Good Standing filed by BellSouth, Inc. in re: [139-1] motion for George A. Stohner to Appear Pro Hac Vice (mab) (Entered: 01/27/2003)
150 NOTICE entered, endorsed granting [139-1] motion for George A. Stohner to Appear Pro Hac Vice ( signed by Judge Callie V. Granade ) copies to parties (tgw) (Entered: 02/03/2003)
151 MOTION by Melvia Clemmons for Mary E. Olsen and J. Cecil Gardner to Withdraw as Attorney ref to J/Granade (tgw) (Entered: 02/03/2003)
152 ORDER, resetting Settlement Conference for 9:00 4/22/03 and to continue through 4/23/03, if necessary ; Confidential settlements statements are due in chambers by 4/16/03. Olsen will confer w/Intervenor Clemmons and will advise the court re: M/Withdraw as counsel. (signed by Mag. Judge Bert W. Milling Jr.) copies mailed (mab) Modified on 04/24/2003 (Entered: 02/05/2003)
153 ORDER denying [151-1] motion for Mary E. Olsen and J. Cecil Gardner to Withdraw as Attorney ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 02/18/2003)
Motion hearing re: [151-1] motion for Mary E. Olsen and J. Cecil Gardner to Withdraw as Attorney held. Digital Recording (clr) (Entered: 02/26/2003)
154 ORDER, that the Settlement Conference held on 4/22 and 23, 2003, was recessed until May 29, 2003, at 9:00 a.m. Unless notified otherwise, the Jones group,

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EEOC, and BellSouth are to be present at the settlement conference on May 29, 2003. (signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 04/24/2003)
155 ORDER, resetting Settlement Conference for 9:00 5/28/03 ( signed by Mag. Judge Bert W. Milling Jr. ) copies mailed (mab) (Entered: 04/25/2003)
156 UNOPPOSED MOTION by Equal Employment Opp to Reschedule Settlement Conference until June 10, 2003 ; ref. MJ/Milling (mab) (Entered: 05/15/2003)
Motion(s) referred: [156-1] motion to Reschedule Settlement Conference until June 10, 2003 referred to Mag. Judge Bert W. Milling Jr. (mab) (Entered: 05/15/2003)
Set Deadlines/Hearings: Settlement Conference set for 6/10/2003 09:00 AM in Courtroom 3B before Magistrate Judge Bert W. Milling Jr.(mab, ) (Entered: 05/21/2003)
157 ORDER granting [156] Motion to Reschedule Settlement Conference, and resetting conference for 9:00 a.m. on Tuesday, June 10, 2003, in chambers. Signed by Judge Bert W. Milling Jr. on 05/19/2003.(mab, ) (Entered: 05/21/2003)
158 MOTION for Court to Rule that Upon Reaching Settlement of Brandon's Claims between Brandon and Defendant, Brandon's Personal Claims Became Moot filed by Carol Brandon; ref. MJ/Milling (mab, ) (Entered: 05/27/2003)
159 Order re: 158 MOTION for Court to Rule that Upon Reaching Settlement of Brandon's Claims between Brandon and Defendant Brandon's Personal Claims Became Moot filed by Carol Brandon - Response to Motion due by 6/6/2003.; Signed by Judge Bert W. Milling Jr. on 5/28/03. (sdb) (Entered: 05/29/2003)
160 RESPONSE to 158 MOTION to Approve/Allow/Confirm Settlement filed by BellSouth Telecommunications, Inc.; ref. MJ/Milling (mab) (Entered: 06/09/2003)
161 Order deeming MOOT 158 MOTION for Court to Rule that Upon Reaching Settlement of Brandon's Claims between Brandon and Defendant Brandon's Personal Claims Became Moot. Signed by Judge Bert W. Milling Jr. on 06/10/03.(mab) (Entered: 06/10/2003)
162 Order counsel for the parties are to continue their settlement negotiations and nlt. 7/9/03, file a joint statement with the Court as to the status of those negotiations. If all claims in this action are not settled by that date, counsel for the remaining parties are to appear at 10:30 a.m. on 7/9/03, in Courtroom 3B, United States Courthouse, for a Rule 16(b) scheduling conference. Signed by Judge Bert W. Milling Jr. on 06/10/2003. (mab) (Entered: 06/11/2003)
163 Order granting parties' request to continue Rule 16(b) Scheduling Conference set for 7/9/03 at 10:30 a.m. Scheduling Conference reset for 7/22/2003 10:30 AM in Courtroom 3B before Magistrate Judge Bert W. Milling Jr..Signed by Judge Bert W. Milling Jr. on 07/08/2003. (mab) (Entered: 07/09/2003)
164 Order, it is the parties intention that all claims will be settled with the other parties and the only two parties to the proposed consent decree will be the EEOC

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and BellSouth. Telephone conference to be held Monday, August 25, 2003 at 10:00 to confirm settlement and to set consent decree hearing. Written consent to Magistrate overseeing consent decree hearing to be filed by parties by 8/25/03. Consent decree hearing tentatively set before the undersigned for Tuesday, September 9, 2003, at 9:00 a.m. in Courtroom 3B. Signed by Judge Bert W. Milling Jr. on 08/04/2003. (mab) (Entered: 08/05/2003)
165 Order setting Settlement Conference set for 9/22/2003 08:30 AM in Chambers before Magistrate Judge Bert W. Milling Jr., setting hearing for 9/22/2003 at 01:30 PM in Courtroom 3B before Mangistrate Judge Bert W. Milling for all parties so that settlement agreements can be stated on the record, and advising that an amended Rule 16(b) Scheduling order will be entered as to all claims not settled on or before 9/22/03. Signed by Judge Bert W. Milling Jr. on 08/25/2003. (mab) (Entered: 08/27/2003)
166 CONSENT filed by BellSouth Telecommunications, Inc., Antionette Blakely, Carol Brandon, Leon Burroughs, Melvia Clemmons, Leroy E. Curry, Deborah Davis, Equal Employment Opportunity Commission, Patricia Jenkins, Debra Jones, Laverne Kidd, Dominic Lewis, Bruce Mitchel, Calvin Renchler, Franklin Scruggs, Leonard Steil per court's 164 Order; ref. MJ/Milling (mab) (Entered: 09/09/2003)
167 Notice of Assignment to Magistrate Judge Milling for trial. (clr, ) (Entered: 09/23/2003)
168 ORDER REFERRING CASE to Magistrate Judge Bert W. Milling. Signed by Judge Callie V. S. Granade on 9/22/03. Copies to counsel 9/23/03(clr, ) (Entered: 09/23/2003)
169 Case Reassigned to Judge Bert W. Milling. Notices to Counsel 9/23/03 (clr, ) (Entered: 09/23/2003)
170 Order entered. The settlement conf. in this action was continued to 9/22/03, and, at the conclusion of that conference, counsel requested a litte more time to try to settle all claims in this action. NLT 10/17/03, the parties are to file their final report to the Court concerning whether this action has been settled or not. If all claims have been settled, the joint stipulation for dismissal and any proposed consent decree are also to be filed by that date. Signed by Judge Bert W. Milling Jr. on 10/8/03. Copies to counsel 10/9/03 (clr, ) (Entered: 10/09/2003)
171 STIPULATION of Dismissal by BellSouth Telecommunications, Inc., Antionette Blakely, Carol Brandon, Leon Burroughs, Melvia Clemmons, Leroy E. Curry, Deborah Davis, Equal Employment Opportunity Commission, Patricia Jenkins, Debra Jones, Laverne Kidd, Dominic Lewis, Bruce Mitchel, Calvin Renchler, Franklin Scruggs, Leonard Steil; referred to Judge Milling. (clr, ) (Entered: 10/16/2003)
172 CONSENT DECREE entered. BellSouth and each of the Plaintiff-Intervenors and their counsel have reached confidential settlement agreements through a Court supervised mediation process. The EEOC agrees that it will not disclose the terms of these Individual Settlement Agreements in accordance with BellSouth's and the Plaintiff-Intervenors' mutual promises of confidentiality, as further set out. Signed by Judge Bert W. Milling Jr. on 10/16/03. Copies to Counsel 10/16/03(clr, ) (Entered: 10/16/2003)

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173 ORDER entered. On 10/16/03, all parties to this action filed a Stipulation of Dismissal stating that all claims have been settled. Also filed that date was a Consent Decree which the Court reviewed, approved, and entered that same date. Therefore, this action has been concluded and DISMISSED WITH PREJUDICE by the parties on 10/16/03, except that the Court retains jurisdiction over this action and the parties for a period of two years, namely, until Friday, October 14, 2005, solely for the purpose of enforcing compliance with the Consent Decree. Signed by Judge Bert W. Milling Jr. on 10/22/03. Copies to counsel 10/22/03(clr, ) (Entered: 10/22/2003)

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