2002 WL 32644447
2002 WL 32644447 (W.D.Mich.) (Trial Pleading) United States District Court, W.D. Michigan.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
THE REED GROUP, INC., Defendant. No. 1:02CV0396. June 3, 2002.
Complaint and Jury Demand
Nicholas M. Inzeo, Acting Deputy General Counsel, Equal Employment Opportunity Commission, Washington, D.C., Adele Rapport (P44833), Regional Attorney, Robert K. Dawkins (P38289), Supervisory Trial Attorney, Tammy C. Klein (P60256), Trial Attorney, Detroit District Office, Patrick V. McNamara Bldg., Detroit, Michigan Robert Holmes Bell Chief, U.S. District Judge.
NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Charging Party, Mary Vanderweele, who was adversely affected by such practices. Plaintiff, the United States Equal Employment Opportunity Commission, (“Commission” or “EEOC”) alleges that Vanderweele, a female, was sexually harassed by a co-owner of The Reed Group, Inc., Dave Meulenbelt.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) and 42 U.S.C. § 2000e-6(e) (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981 (a).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Michigan.
3. Plaintiff, Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant has continuously been a corporation doing business in the State of Michigan and the City of Spring Lake, and has continuously had at least fifteen (15) employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Vanderweele, filed a Charge of Discrimination with the

2002 WL 32644447
Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. Since at least June, 2000, Defendant has engaged in unlawful employment practices at its Spring Lake, Michigan facility, in violation of Section 703(a), 42 U.S.C. §2000e-2(a). The unlawful employment practices include the following: a. Plaintiff’s Supervisor, Dave Meulenbelt, created a sexually hostile work environment for Vanderweele beginning in June of 2000, by frequently making offensive remarks having sexual overtones.
b. Meulenbelt frequently commented on her appearance, specifically referring to how well she fit in her jeans and how she “had a nice butt”.
c. Meulenbelt commented once to Vanderweele and a co-worker that they should have a wet t-shirt contest.
d. Meulenbelt inappropriately touched Vanderweele on a frequent basis in a sexual manner.
e. Meulenbelt frequently made inappropriate and sexually explicit phone calls to Vanderweele on her cell phone.
f. Meulenbelt frequently made calls to Vanderweele’s home after business hours. The first time he called Vanderweele’s home, her fiancé answered because she was in the bathtub and could not come to the phone. Her fiance told Meulenbelt this and Meulenbelt replied, “I would love to see that”. Each time Meulenbelt called her home after that he would always ask, “Are you in the tub?”
h. In November of 2000, when Vanderweele was getting a saw out of the work trailer Muelenbelt grabbed her buttocks and said to her, “you really smell good and I’d love to know what you taste like.”
i. Meulenbelt engaged in similar conduct in the presence of co-workers,
j. Muelenbelt grabbed Vanderweele by the back of her coveralls and swung her around,
k. As a result of the sexually hostile work environment complained of above, Vanderweele was constructively discharged on February 14, 2002.
l. Defendant, having knowledge of the sexual harassment, failed to take effective corrective action to end the harassment and prevent it from recurring.
8. Defendant was aware of Vanderweele’s opposition to Meulenbelt’s unwelcome sexual conduct complained of in paragraph 7 above, because the conduct was severe and pervasive and she instructed Muelenbelt to stop.
9. As a result of the unlawful employment practices complained of, Vanderweele suffered pecuniary compensatory damages and non-pecuniary compensatory damages in the nature of emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and lost wages.
10. The unlawful employment practices complained of in paragraphs 7, 8 and 9 above were intentional.
11. The unlawful employment practices complained of in paragraphs 7, 8 and 9 above were done with malice or with reckless indifference to Vanderweele’s federally protected rights.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in sexual harassment and any other unlawful employment practices which discriminate on the basis of sex.

2002 WL 32644447
B. Order Defendant to provide mandatory training regarding Title VII and its prohibition against sexual harassment to all management and non-management employees at its Spring Lake facility. C. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. D. Order Defendant to make whole Charging Party, Mary Vanderweele, by providing the appropriate amount of back pay with prejudgment interest, in an amount 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. E. Order Defendant to make whole Mary Vanderweele by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7, 8 and 9 above in amounts to be proven at trial. F. Order Defendant to make whole Mary Vanderweele by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7, 8 and 9 above in amounts to be proven at trial. G. Order Defendant to pay Mary Vanderweele punitive damages for their malicious and/or reckless conduct described in paragraphs 7, 8 and 9 above in amounts to be proven at trial. H. Grant such further relief as the Court deems necessary and proper in the public interest. I. Award the Commission its costs of this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint. Dated: May 31, 2002
NICHOLAS M. INZEO Acting Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 “L” Street, N.W. Washington, D.C. 20507 ADELERAPPORT (P44833)
Regional Attorney ROBERT K. DAWKINS (P38289)
Supervisory Trial Attorney TAMMY C. KLEIN (P60256)
Trial Attorney DETROIT DISTRICT OFFICE

2002 WL 32644447

Patrick V. McNamara Bldg. 477 Michigan Avenue, Room 865
Detroit, Michigan 48226 Telephone: (313) 226-5673

 
 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v. THE REED GROUP,

File No. 1:02-CV-396 HON. ROBERT HOLMES BELL

Defend ant. /

DEFAULT JUDGMENT

This matter came before the Court on Plaintiff Equal Employment Opportunity

Com miss ion's motion for default judgment. No appearance was entered by Defendant The

Reed Group.

Upon consideration of the testimony of charging party Mary VanderWeele, the

affidavits attached to Plaintiff's motion, the arguments of Plaintiff's counsel, and for the

reasons stated on the record in open court on January 29, 2003,

IT IS HEREBY ORDERED that JUDGMENT is entered in favor of Plaintiff Equal

Employment Opportunity Commission on behalf of charging party Mary VanderWeele and

against Defendant The Reed Group in the total amount of $73,878.04 plus costs. T his

amount represents $23,878.04 in back pay, $20,000.00 in compensatory damages and

$30,000.00 in punitive damages.

Date: January 30, 2003

/s/ Robert H olmes Bell ROBERT HOLMES BELL CHIEF UNITED STATES DISTRICT JUDGE

 
 United States District Court for the Western District of Michigan - Dock... https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?281844734188201-L_...

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:02-cv-00396-RHB

CLOSED

Equal Employment Opportunity Commission v. Reed Group Inc., The Assigned to: Chief Judge Robert Holmes Bell Cause: 28:451 Employment Discrimination

Date Filed: 06/03/2002 Date Terminated: 01/30/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tammy C. Klein U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226-5673 Fax: (313) 226-6584 Email: tammy.klein@eeoc.gov ATTORNEY TO BE NOTICED

V. defendant Reed Group Inc., The

represented by Gary A. Chamberlin Miller Johnson PLC (Grand Rapids) 250 Monroe Ave., NW, Ste. 800 P.O. Box 306 Grand Rapids, MI 49501-0306 (616) 831-1700 Email: chamberling@millerjohnson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 06/03/2002 06/03/2002 07/02/2002 07/09/2002 07/09/2002 07/09/2002 09/10/2002 10/24/2002
10/25/2002 10/30/2002
10/31/2002 10/31/2002
10/31/2002 11/08/2002 11/08/2002

#

Docket Text

1 COMPLAINT and jury demand against Reed Group Inc., The ; filed by Equal Employment Opportunity Commission (cmi, ) (Entered: 06/04/2002)
SUMMONS ISSUED as to Reed Group Inc., The (cmi, ) (Entered: 06/04/2002)
2 PROPOSED STIPULATION and ORDER to extend time to file answer or other responsive pleading by Reed Group Inc., The (mdr, ) (Entered: 07/03/2002)
3 STIPULATION AND ORDER granting extention of time to file answer or other responsive pleading; signed by Chief Judge Bell.(Chief Judge Robert Holmes Bell, kcb) (Entered: 07/09/2002)
Copies of stipulation and order 3 sent via U.S. Mail to attorney Rapport (mdr, ) (Entered: 07/09/2002)
SERVICE EXECUTED (IMPLIED) on defendant Reed Group Inc., The, through the filing of stipulation and order (mdr, ) (Entered: 07/10/2002)
4 NOTICE REGARDING PUBLIC ACCESS directed to Adele Rapport and Gary A. Chamberlin (mdr, ) (Entered: 09/10/2002)
5 NOTICE OF IMPENDING DEFAULT as to Defendant The Reed Group, Inc.; plaintiff to file a request for entry of default or advise the court that a responsive pleading has been filed by 11/6/2002 or the Court will enter default; signed by Judge Bell (Chief Judge Robert Holmes Bell, ymc) (Entered: 10/25/2002)
Copy of notice 5 sent via U.S. Mail to attorney Adele Rapport (mj) (Entered: 10/25/2002)
6 AMENDED COMPLAINT (1st) against Reed Group Inc., The ; filed by Equal Employment Opportunity Commission (Klein, Tammy) THIS DOCUMENT WAS FILED IN ERROR - PLEASE DISREGARD. Modified on 10/31/2002 (dpj). (Entered: 10/30/2002)
7 MOTION for Default Judgment as to defendant The Reed Group by Equal Employment Opportunity Commission (gjf, ) (Entered: 11/05/2002)
8 BRIEF in Support of 7 filed by Equal Employment Opportunity Commission (Attachments:, # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(gjf, ) (Entered: 11/05/2002)
9 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 7, 8 (gjf, ) (Entered: 11/05/2002)
10 ENTRY OF DEFAULT as to Defendant Reed Group Inc.; signed by Chief Judge Bell.(Chief Judge Robert Holmes Bell, kcb) (Entered: 11/08/2002)
Copy of default 10 sent via U.S. Mail to attorney Adele Rapport (mj) (Entered: 11/08/2002)

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01/07/2003 01/29/2003 01/30/2003

11 NOTICE OF MOTION HEARING regarding motion number 7: motion hearing set for 1/29/2003 01:00 PM at 401 Federal Building, Grand Rapids, MI; before Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, sdb) (Entered: 01/07/2003)
12 Minute Entry: Motion Hearing re 7 Motion for Default Judgment held before Chief Judge Bell; Judgment granted for Plaintiff in the amount of $73,878.04 plus costs (Chief Judge Robert Holmes Bell, ymc) (Entered: 01/29/2003)
13 DEFAULT JUDGMENT in favor of Plaintiff Equal Employment Opportunity Commission on behalf of the charging party Mary VanderWeele, and against Defendant The Reed Group in the total amount of $73,878.04 plus costs. This amount represents $23,878.04 in back pay, $20,000.00 in compensatory damages, and $30,000.00 in punitive damages; signed by Chief Judge Bell.(Chief Judge Robert Holmes Bell, kcb) (Entered: 01/30/2003)

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