Case 1:06-cv-00747-LW Document 1-1 Filed 03/31/2006 Page 1 of 7 .,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, PITT-OHIO EXPRESS, INC.,
Defendant.

) ) )
) JUDGE WF-LLS
) COMPLAINT
) JURY TRIAL DEMAND
)
)
)

NATURE OF THE ACTION MAG. JUDGE MCFIARGH

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 1991to correct unlawful employment practices on the basis

of sex, female, and to provide appropriate relief to Pamela Moher, and a class of females, who were adversely affected by such practices.

The Commission alleges that since on or about September 1, 1997, Defendant has denied Pamela Moher, and a class of females, employment as Truck Drivers and

Dockworkers based on their sex, female. JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3)("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C.

§ 1981A.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Ohio, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the Agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Pitt-Ohio Express, Inc., (the "Employer"), has continuously been a Pennsylvania Corporation doing business in the State of Ohio and the Cities of Cleveland, Columbus, Cincinnati and Toledo and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e-(b), (g) and (h).
COUNT I DENIAL OF HIRE OF PAMELA MOHER 6. More than thirty days prior to the institution of this lawsuit, Pamela Moher filed a Charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since on or about September 1, 1997, Defendant Employer has engaged in unlawful employment practices at its Cleveland, Ohio terminal, in violation of Section 703 of Title VII, 42 U.S.C. § 2000e-2.

Case 1:06-cv-00747-LW Document 1-1 Filed 03/31/2006 Page 3 of 7
8. The practices include refusing to hire Pamela Moher, a qualified female applicant, who applied for the position of Truck Driver at Defendant’s Cleveland, Ohio terminal.
9. The effect of the practice complained of in Paragraph 8 above has been to deprive Pamela Moher of equal employment opportunities and otherwise adversely affect her status as an applicant for employment, because of her sex, female.
10. The unlawful employment practice complained of in Paragraph 8 above was intentional.
11. The unlawful employment practice complained in Paragraph 8 was done with malice and/or with reckless indifference to the federally protected rights of Pamela Moher.
COUNT II FAILURE TO HIRE FEMALES AS A CLASS 12. Plaintiff re-alleges and incorporates the allegations contained in Paragraphs 1 through 11, herein above. 13. Since at least January 1, 1998, Defendant Employer has engaged in unlawful employment practices at its Cleveland, Columbus, Cincinnati and Toledo terminals in the State of Ohio, in violation of Sections 703(a) and 707 (a) of Title VII, 42 U.S.C. §§ 2000e-2(a), 2000e-6. The practices include: a. refusing to hire females as a class for the position of Truck Driver, because of their sex, female; and b. refusing to hire females as a class for the position of Dockworker, because of their sex, female. 14. The effect of the practices complained of in Paragraph 13 above has

Case 1:06-cv-00747-LW Document 1-1 Filed 03/31/2006 Page 4 of 7
been to deprive females of equal employment opportunities and otherwise adversely affect their status as applicants for employment, because of their sex, female.
15. The unlawful employment practices complained of in Paragraph 13 above were intentional.
16. The unlawful employment practices complained of in Paragraph 13 were done with malice and/or with reckless indifference to the federally protected rights of the female class members.
COUNT III RECORDKEEPING VIOLATIONS
17. Plaintiff re-alleges and incorporates the allegations contained in Paragraphs 1 through 16, herein above.
18. Since at least January 1, 1998, Defendant Employer has failed, in violation of Section 709(c) of Title VII, 42 U.S.C. § 2000e-8(c), to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
19. The unlawful employment practice complained of in Paragraph18 above was intentional.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in the failure to hire and any other employment practice which discriminates on

Case 1:06-cv-OO747-LW Document 1-1 Filed 03/31/2006 Page 5 of 7
the basis of sex, female. B. Order Defendant Employer to institute and carry out policies, practices, and
programs which provide equal employment opportunities for females and males alike, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole Pamela Moher, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, an offer of employment and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employer to make whole the class of female applicants who were denied employment because of their sex, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, offers of employment and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
E. Order Defendant Employer to make whole Pamela Moher, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practice described in Paragraph 8 above, in amounts to be determined at trial.
F. Order Defendant Employer to make whole the class of females by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in Paragraph 13 above, in amounts to be determined at trial.
Go Order Defendant Employer to make whole Pamela Moher, by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practice described in Paragraph 8 above, in amounts to be determined at

Case 1:06-cv-00747-LW Document 1-1 Filed 03/31/2006 Page 6 of 7

trial.

H. Order Defendant Employer to make whole the class of females by

providing compensation for past and future non-pecuniary losses resulting from the

unlawful practices complained of in Paragraph 13 above, in amounts to be

determined at trial.

I.

Order Defendant Employer to pay a class of females punitive damages for

its malicious and reckless conduct described in Paragraph 13 above, in amounts to be

determined at trial.

J.

Order Defendant Employer to pay Pamela Moher punitive damages

for its malicious and reckless conduct described in Paragraph 8 above, in amounts to be

determined at trial.

K. Order Defendant Employer to make and preserve all records, in accordance with the provisions of Section 709(c) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-8(c), relevant to the determination of whether unlawful employment practices have been or are being committed.

L.

Grant such further relief as the Court deems necessary and proper in the

public interest.

M. 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.

Case 1:06-cv-00747-LW Document 1-1 Filed 03/31/2006 Page 7 of 7
jAMES L LEE
801 L Street, NW.
Philadelphia, PA 19106
Associate Regional Attorney Re~l}stration No. 0031443 Iarry.watson ~@eeoc~g ov / Lawrence Mays Supervisory Tr al Attorne,¢ Registration No. 0038288 Equal Employment Oppodun~ty Commission CIeveIand Field Office Anthony J. Celebrezze Federal Buildin9 124G East ~Ninth Street. Suite 3001 Cteveland~ Ohio 44199 (2 I6) 522-4796

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

PAMELA J. MOHER

)

)

3482 West 150th Street

)

Cleveland, Ohio 44111

)

)

On behalf of herself and others similarly )

situated,

)

)

Plaintiff- Intervenors,

)

)

-v-

)

)

PITT-OHIO EXPRESS, INC.

)

)

Defendant.

)

Civil Action No.1:06 CV 00747 JUDGE LESLEY WELLS
COMPLAINT on behalf of PLAINTIFFINTERVENOR AND THE CLASS JURY TRIAL DEMAND

NATURE OF THE ACTION - PRELIMINARY STATEMENT

1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991 for injunctive and declaratory relief and money damages for Defendant’s violation of the rights of Plaintiff-Intervenor and other similarly situated females. Plaintiff-Intervenor and the class also seek relief under Chapter 4112 of the Ohio Revised Code.
2. Plaintiff-Intervenor and the class have been denied terms, conditions and privileges of employment because of their sex, female, to wit: Defendant has engaged in

EEOC , et al. v. Pitt-Ohio Express Complaint in Intervention

1:06 CV 00747 Page 2

a pattern or practice of resistence to the enjoyment of employment opportunities available to women as a class on the same basis as opportunities which are provided to men at its terminals for Truck Drivers (local and over-the-road assignments) and/or Dockworkers.
JURISDICTION AND VENUE 3. This action is instituted and authorized by under §706(f)(1) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-et seq. and §102 of the Civil Rights Act of 1991, 42 U.S.C. §1981(a) . A supplemental state claim is brought under Ohio Revised Code §4112.99. 4. Jurisdiction of this Court to hear and determine the claims is based on 28 U.S.C. §1331 (Federal question) and 28 U.S.C. §1343 (Civil rights). The Court has supplemental jurisdiction over Plaintiff-Intervenor and the class’s state law claims pursuant to 28 U.S.C. §1367(a). 5. A declaratory judgment is sought pursuant to 28 U.S.C. §§2201 and 2202. A declaration on the state law claims is sought pursuant to ORC §2721.02. 6. Intervention is proper, as a matter of right, pursuant to Rule 24(a)(1), FEDERAL RULES OF CIVIL PROCEDURE and Title VII, 42 U.S.C. § 2000e-5(f)(1). Class certification is requested and appropriate pursuant to Rule 23(a) and (b)(1), (2), and (3) of the FEDERAL RULES OF CIVIL PROCEDURE. 7. Venue is proper in this Court as all the acts complained of herein occurred in the State of Ohio, within the jurisdiction of this Court.
2

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PARTIES Plaintiff and Plaintiff-Intervenor
8. Plaintiff EEOC is an agency of the United States authorized to bring a civil action under Title VII including §706(f)(1) and §707 of the statute. 42 U.S.C. §2000e-5(f)(1) and 6.
9. Plaintiff-Intervenor, Pamela J. Moher, (“Plaintiff-Intervenor” or “Moher”) is a female residing in Cleveland, Ohio. Moher is an applicant for employment within the meaning of Title VII and O.R.C. chapter 4112. Moher is over the age of 21.
10. Plaintiff-Intervenor is an aggrieved party within the meaning of Title VII and has exhausted the procedural prerequisites for bringing and maintaining this action. Towit:
A. After being denied employment by Defendant, Plaintiff-Intervenor filed a timely charge of discrimination with the EEOC;
B. The EEOC investigated Plaintiff-Intervenor’s charges; C. The EEOC filed this action based on the charge of discrimination filed by Plaintiff-Intervenor; D. Intervention is being timely sought; and E. Plaintiff-Intervenor, as an aggrieved person, has the right to intervene pursuant to Rule24 (a)(1), FEDERAL RULES OF CIVIL PROCEDURE and §2000e-5 of Title VII. DEFENDANT 11. Defendant, Pitt-Ohio Express, Inc., (“Pitt-Ohio” or “Defendant”) is a
3

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1:06 CV 00747 Page 4

Pennsylvania Corporation doing business in Ohio. At all times relevant Pitt-Ohio has employed at least 15 or more persons, and is an employer within the meaning of Title VII and Chapter 4112 of the Ohio Revised Code. CLASS ALLEGATIONS
12. Plaintiff-Intervenor brings this action on her own behalf and on behalf of a class of:
All females who meet or exceed Pitt-Ohio’s minimum requirements for Truck Driver and/or Dockworker, who applied for employment at Pitt-Ohio in Ohio as a Truck Driver and/or Dockworker at any time during the period of liability, or who would have applied except for the futility of doing so.

13. A. Plaintiff-Intervenor meets the requirements of Rule 23(a), FEDERAL RULES OF CIVIL PROCEDURE, in that: the class is so numerous that joinder of all members is impracticable; the claims present common questions of law and fact; the PlaintiffIntervenor’s claims are typical of the claims of the class; and Plaintiff-Intervenor will fairly and adequately protect the interests of the class.
B. Plaintiff-Intervenor’s counsel are qualified to be appointed class counsel by this Court. They meet the requirements of Rule 23(g): they have experience in handling class actions and other complex litigation, they have knowledge of the applicable law, they will fairly and adequately represent the interests of the class, and they have investigated and identified potential claims.

4

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14. Plaintiff-Intervenor meets the requirements of Rule 23(b)(1), (2) and/or (3), in that: the prosecution of separate actions by member of the class would create a risk of varying adjudications with respect to members of the class or would impede their ability to protect their interests. The Defendant’s conduct is applicable to the class as a whole, making injunctive and corresponding declaratory relief appropriate.
STATEMENT OF THE CLAIM COUNT I - TITLE VII
15. On or about July 6, 2000, Plaintiff-Intervenor applied for a Truck Driver position with Defendant by applying at its Cleveland, Ohio terminal.
16. Plaintiff-Intervenor had previously applied for a Truck Driver position with Defendant in 1992, 1994, 1996 and 1998.
17. Plaintiff-Intervenor meets or exceeds the Defendant’s stated minimum qualifications for a Truck Driver. Plaintiff-Intervenor’s qualifications included being a qualified Class A Driver with the credentials to train Class B Drivers.
18. Plaintiff-Intervenor was interviewed by Defendant on or about August 11, 2000.
19. Defendant’s ostensible formal hiring policy is to hire the most qualified Truck Drivers. Despite this policy and despite Plaintiff-Intervenor’s qualifications Defendant did not hire her or offer her a position.
20. At the time Plaintiff-Intervenor applied for the position of Truck Driver with Defendant, Defendant was in desperate need of drivers. Despite Defendant’s need for
5

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1:06 CV 00747 Page 6

drivers and despite Plaintiff-Intervenor’s qualifications Defendant did not hire her or offer her a position.
21. In lieu of hiring Plaintiff-Intervenor, Defendant hired male Truck Drivers who either did not meet Defendant’s minimum qualifications and/or who were less qualified than Plaintiff-Intervenor and class member applicants.
22. Defendant failed or refused to hire Plaintiff-Intervenor or the class as Truck Drivers and/or Dockworkers because of their sex, female. Defendant has a policy and practice of not hiring females, as a class, for Truck Driver and/or Dockworker positions.
23. The effect of the practice complained of herein has been to deprive PlaintiffIntervenor and the class of equal employment opportunities, adversely affecting their status as applicants for employment because of their sex, female. Plaintiff-Intervenor and the class have suffered injuries as a result of Defendant’s discriminatory conduct.
24. The unlawful employment practices committed by Defendant, as set forth herein, were intentional and were done with malice and/or reckless indifference to the federally protected rights of Plaintiff-Intervenor and the class.
COUNT II - OHIO REVISED CODE § 4112.99 25. Plaintiff-Intervenor hereby incorporates by reference, as if fully restated herein, the allegations and assertions contained in paragraphs 1 to 24, inclusive. 26. This Court has supplemental jurisdiction over the state claims asserted herein. To wit: the state claims do not raise any novel or complex issues of state law and the state claims do not predominate over the federal claims.
6

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27. Plaintiff-Intervenor’s state law claims are so related to the claims over which this court has original jurisdiction, that they form the same case.
28. Defendant failed or refused to hire Plaintiff-Intervenor as a Truck Driver and/or Dockworker because of her sex, female. Defendant has a policy or informal practice of not hiring females, as a class, for Truck Driver and/or Dockworker positions.
29. The effect of the practices complained of herein have been to deprive Plaintiff-Intervenor and the class of equal employment opportunities and to adversely affect their status as applicants for employment because of their sex, female.
30. The unlawful employment practices committed by Defendant, as set forth herein, were intentional and were done with malice and/or reckless indifference to the protections afforded Plaintiff-Intervenor and the class by ORC §4112.99.
31. Plaintiff-Intervenor and the class have suffered injury as a result of Defendant’s unlawful policies and practices as set forth in paragraphs 1 to 30, inclusive. Unless restrained by this Court, Plaintiff-Intervenor and the class will continue to suffer injury and damages from the unlawful practices of Defendant.
PRAYER FOR RELIEF WHEREFORE, Plaintiff-Intervenor respectfully requests that the Court: A. Certify this case pursuant to Rule 23, FEDERAL RULES OF CIVIL PROCEDURE as a class action; B. Appoint the undersigned as class counsel; C. Declare the policies and practices of Defendant, as described herein to be
7

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1:06 CV 00747 Page 8

unlawful and in violation of state and federal law; D. Grant Plaintiff-Intervenor and the class a permanent injunction, prohibiting
Defendant from engaging in any policy or practice which discriminates on the basis of sex, female;
E. Order Defendant to make Plaintiff-Intervenor and the class whole, with appropriate back pay, benefits and front pay in amounts to be determined at trial;
F. Order Defendant to make Plaintiff-Intervenor and the class whole by providing compensation for past and future pecuniary losses resulting from Defendant’s unlawful employment practices, including compensatory and punitive damages;
G. Order Defendant to make Plaintiff-Intervenor and the class whole by providing employment, seniority, and any other affirmative relief necessary to eliminate the effects of Defendant’s unlawful employment practices;
H. Award Plaintiff-Intervenor and the class pre and post judgment interest on all sums awarded;
I. Order Defendant to pay Plaintiff-Intervenor and the class punitive damages for its malicious and reckless conduct;
J. Award Plaintiff-Intervenor and the class the costs of this action, including costs and reasonable attorneys’ fees; and
K. Grant such other legal and equitable relief as is necessary and proper.

8

EEOC , et al. v. Pitt-Ohio Express Complaint in Intervention

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Respectfully submitted,
s/ Bruce B. Elfvin
Bruce B. Elfvin, Esq. [0015694] bbe@elfvinbesser.com
BARBARA KAYE BESSER [0017624] bkb@elfvinbesser.com
ELFVIN h BESSER 4070 Mayfield Road Cleveland, Ohio 44121-3031 216.382.2500
DENNIS J. NIERMANN, Esq. [007988] Dennis J. Niermann Co. LPA 4070 Mayfield Rd. Cleveland, Ohio 44121-3031 Phone: (216) 297-1040 Fax: (216) 291-9622 E-mail: niermann@en.com Website: www.sex-harassment.info
DAVID B. MALIK. Esq. [0023763] David B. Malik LPA 8437 Mayfield Road Chesterland, OH 44026-0248 Phone: 440.729.8260 E-mail: dbm50@earthlink.net Counsel for Plaintiff-Intervenor and the putative class

JURY TRIAL DEMANDED

Plaintiff-Intervenor and the class request a jury trial on all questions of fact and

claims raised by their Complaint.

s/ Bruce B. Elfvin
Bruce B. Elfvin. Esq. One of the Attorneys for Plaintiff-Intervenor and the Class

9

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CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing COMPLAINT on behalf of PLAINTIFF-INTERVENOR AND THE CLASS has been filed via the electronic filing system. Notice of filing will be performed by the Court’s electronic filing system. Parties may access the document through the electronic filing system.

August 8, 2006

s/ Bruce B. Elfvin
Bruce B. Elfvin One of Attorneys for Plaintiff-Intervenor and the Class

10

 
 Case: 1:06-cv-00747-LW Doc #: 40 Filed: 10/01/08 1 of 4. PageID #: 182

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and PAMELA J. MOHER, on behalf of herself and others similarly situated,
Plaintiff-Intervenor, v. PITT OHIO EXPRESS, LLC,
Defendant.

) ) ) ) ) ) Civil Action No. 1:06-cv-0747 ) ) ) JUDGE LESLEY WELLS ) ) MAG. JUDGE KENNETH S. McHARGH ) )
)
)
)
)

JOINT MOTION OF PAMELA MOHER AND PITT OHIO EXPRESS, LLC FOR QSF DESIGNATION AS PART OF SETTLMENT
Following a lengthy and substantial investigation, discovery and extensive negotiations, plaintiff-intervenor Pamela J. Moher ("Moher") and defendant Pitt Ohio Express, LLC ("Pitt Ohio") have reached a settlement of all claims and issues in Moher's action against Pitt Ohio, reflected in a written Settlement Agreement, a copy of which is attached as Exhibit 1.
In order to implement and effect the terms of the Settlement Agreement, Moher and Pitt Ohio jointly move for an order establishing and designating the Elfvin & Besser Co. LPA IOLTA Account as a qualified settlement fund ("QSF") under Internal Revenue Code ("IRC") Section 468B (26 U.S.C. §468B) on the ground that such Account meets the requirements of IRC Section 468B. A draft order is included herein.

Case: 1:06-cv-00747-LW Doc #: 40 Filed: 10/01/08 2 of 4. PageID #: 183

Neither the Settlement Agreement, this Motion nor the Order requested will displace or have

any effect on the Consent Decree being finalized between the Equal Employment Opportunity

Commission and Pitt Ohio in this case.

Respectfully Submitted,

For Plaintiff-Intervenor Pamela Moher:

For Defendant Pitt Ohio Express:

s/ Bruce B. Elfvin

s/ Terrence H. Murphy

Bruce B. Elfvin, Esq. [OH No. 0015694] Barbara Kaye Besser, Esq. ELFVIN & BESSER 4070 Mayfield Road Cleveland, OH 44121-3031 Phone: 216.382.2500 Fax: 216.381.0250 E-mail: bbe@elfvinbesser.com

Terrence H. Murphy, Esq. (Pa. ID No. 36356) BUCHANAN INGERSOLL & ROONEY PC 20th Floor, One Oxford Centre Pittsburgh, PA 15219-1410 Phone: (412) 392-2000 Facsimile: (412) 392-2128 E-mail: terrence.murphy@bipc.com

Dennis J. Niermann, Esq. DENNIS J. NIERMANN CO. LPA 8437 Mayfield Rd., Suite 103 Chesterland, OH 44026 Phone: (440) 729-8260 Fax: (440) 729-8262 Cell: (216) 375-2696
David B. Malik, Esq. DAVID B. MALIK CO. LPA P. O. BOX 248 Chesterland, Ohio 44026 Phone: (440) 729-8260 Fax: (440) 729-8262

Thomas H. Barnard, Esq. OGLETREE DEAKINS 127 Public Square 4130 Key Tower Cleveland, OH 44114 Phone: (216) 241-6100 Facsimile: (216) 357-4733

Dated: October 1, 2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and PAMELA J. MOHER, on behalf of herself and others similarly situated,
Plaintiff-Intervenor, v. PITT OHIO EXPRESS, LLC,
Defendant.

) ) ) ) ) ) Civil Action No. 1:06-cv-0747 ) ) ) JUDGE LESLEY WELLS ) ) MAG. JUDGE KENNETH S. McHARGH ) )
)
)
)
)

ORDER Based upon the joint motion of Plaintiff-Intervenor Pamela Moher and Defendant Pitt Ohio Express, LLC, and the Settlement Agreement between Pamela Moher and Pitt Ohio Express, LLC, and in accordance with 26 C.F.R. §1.468B-1(c), this Court orders as follows: This court approves and orders the designation of and establishment of the Elfvin & Besser Co. LPA IOLTA account as a qualified settlement fund (QSF) and the appointment of Mr. Bruce B. Elfvin, as administrator of that account as a QSF for the purposes of this case and the Settlement Agreement pursuant to §1.468B-1(c)(1). This QSF, in accordance with §1.468B-1(c)(2), is established to help resolve one or more contested claims that have resulted from an event that occurred and is alleged to have resulted in Pitt Ohio liability. Lastly, in accordance with §1.468B-

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1(c)(3), it is ordered that the Elfvin & Besser Co. LPA IOLTA is and be deemed a trust under Ohio law and that its assets be segregated from the assets of the transferor, Pitt Ohio.
SO ORDERED, this _____ day of _________, 2008.
_____________________________ JUDGE LESLEY WELLS UNITED STATES DISTRICT JUDGE

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SETTLEMENT AGREEMENT fntroauctlon
Plaintiff-Intervenor Pamela J. Moher ("Moher") and defendant Pitt Ohio Express, LLC ("PittOhio")haveenteredinto a settlementresolvingMoher'sclaims in Case No. 1:06-cv-0747,pendingin the U.S.DistrictCourtfor the NorthernDistrictof Ohio, EasternDivision("Action").
Natureand Resolutionof Case After Moherfiled a chargeand amendedchargewiththe EEOC,EEOCfiled a Complaintwith the Courton March31, 2006,on behalfof Moherand womenwhom PittOhioallegedlyfailedto hire basedon sex into driverand dockworkerpositionsin its Ohioterminalson and after September1, 1997,and also allegingrecordkeeping violationspursuant to Title VII of the Civil Rights Act of 1964, as amended. 42 U.S.C. § 2000e et seq. ("Title Villi).

On August 8, 2006, Moher's Motion to Intervene was granted and Moher filed a Plaintiff-Intervenor Complaint against Pitt Ohio,allegingthat Pitt Ohiodiscriminated against Moher and a class of women. based on sex in violation of Title VII and the Ohio Civil Rights Act ("ORC Chapter 4112"), in failing to hire them into driver and dockworker positions at its Ohio Terminals.

Pitt Ohio denies the allegations in the Complaint, the Plaintiff-Intervenor

Complaint and in connection therewith denies any liabilityunder Title VII or ORC

Chapter 4112. Without anv admission or concession bv Pitt Ohio of any liabilitYor

wrongdoing withrespecto theallegationsintheComplainot r the Plaintiff-Intervenor

EXHIBIT

b

I

I

~~~~~-

Case: 1:06-cv-00747-LW Doc #: 40-1 Filed: 10/01/08 2 of 9. PageID #: 187
Complaint, Moher releases all her claims against PittOhio which shall be finally and
fully compromised, settled and released, subject to the terms and conditions of this Settlement Agreement ("Agreement"), through the Pamela J. Moher General Release ("Moher Releasell), a copy of which is attached as Exhibit 1. Both this Agreement and the Moher Release were the subject of negotiation and have been agreed upon by the parties.
In exchange for Pitt Ohio's promises herein, after Moher's execution of this Agreement and upon her execution of the Moher Release, all Moher's claims against PittOhio for injunctive, equitable or legal relief, including claims for front pay, back pay. employment, compensatory and punitive damages, are released. This settlement applies to, resolves, and fully and finally settles all claims Moher raised or could have raised under common law, or under state or federal law, existing on the date she signs this Agreement, including all claims related to her allegations under federal or state law concerning PittOhio's failure to hire her and an alleged class of women as drivers or dockworkers in Pitt Ohio's Ohio terminals, based on their sex, subject only to any conditions imposed by the Court.
Within three business days after counsel for Pitt Ohio receives (i) an original of this Agreement signed by Moher and Moher's counsel, (ii) the Moher Release signed by Moher, (iii) oral notice of the EEOC's approval of the Consent Decree in the Action, and (iv) an Order from the U.S. District Court for the Northern District of Ohio, designating the Elfvin & Besser Co. LPA IOLTA Account (IIAccounf1')a, qualified settlement fund (a 468b trust or "QSF") for the purposes of this Agreement, Pitt Ohio shall transfer $570,000.00 to the Account. Moher and Moher's counsel agree that a stipulated
Page2 of9
~

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dismissal with prejudice of Moher's claims and causes of action against Pitt Ohio in the Action will be filed upon deposit of the funds in the Account. The dismissal shall reflect a full dismissal with prejudice of the Plaintiff-Intervenor Complaint, filed by Moher, including any allegations related to any class, and all claims of Moher against Pitt Ohio,
including any rights to be hired by PittOhio based upon any application filed up to the end of the term of the Consent Decree entered into by Pitt Ohio and EEOC.
Moher, who never had an employment relationship with Pitt Ohio and whose claim of unlawful failure to hire was never adjudicated and was denied by Pitt Ohio, will be paid from the Account, designated as a QSF for purposes of the settlement reflected in this Agreement, $265,000.00 as compensatory damages for all losses claimed, her assistance with the prosecution of this action and her release of her individual and class claims under federal and state law from the QSF. Mohers attorneys also shall be paid their attorneys' fees and litigation expenses and costs from the QSF. The payment of fees shall be for the services of Dennis J. Niermann, David B. Malik and the firm of Elfvin & Besser, and be payable to Elfvin & Besser in the a~ount of $300,000 and for costs and expenses in the amount of $5,000.00. Moher agrees she is solely responsible for her tax obligations arising as a consequence of the payments described in this paragraph and that Pitt Ohio is not responsible for such obligations.
This Agreement does not, and is not intended to constitute, nor shall it be deemed to constitute, an admission by any party as to the merits, validity or accuracy of any of the allegations, claims or defenses of any party in the Action. By entering into this Agreement, Pitt Ohio does not admit or conc~de, expressly or impliedly, but denies that it has in any way violated Title VII or Ohio law prohibiting sex discrimination.
Page3 of9

Case: 1:06-cv-00747-LW Doc #: 40-1 Filed: 10/01/08 4 of 9. PageID #: 189
Neither the Courtnor any other court has madeanyfindingsor expressedany opinion concerning the merits, validity or accuracy of any of the allegations, claims or defenses in this case.
The parties to this Agreement acknowledge that Moher was never an employee of Pitt Ohio and will not become an employee of Pitt Ohio under the terms of this
Agreement. Moher promises not to apply for or accept employment with PittOhio during the term of the Consent Decree. Moher and PittOhio agree that this Agreement
is the result of compromises and reflects the agreement of the parties to resolve this case.
Nothing in this Agreement, nor any action taken in implementation thereof, nor any statements, discussions or communications, nor any materials prepared, exchanged, issued or used during the course of the mediation or negotiations leading to this Agreement, is intended by the parties to, nor shall any of the foregoing constitute, be introduced, be used or be admissible in any way in this Action or any other judicial, arbitral, administrative, investigative or other proceeding of whatsoever kind or nature as evidence of sex discrimination, retaliation or evidence of any violation of Title VII or Ohio law prohibiting sex discrimination. Notwithstanding the foregoing, this Agreement may be used in any proceeding in the Court or in mediation or to enforce or implement any provision of this Agreement or implement any orders or judgments of the Court entered into in connection herewith. The parties agree that this Court shall have jurisdiction to enforce this Agreement consistent with Kokkonen v. Guardian Life Insurance Company of America, 114 S.Ct. 1673 (1994).
Page4 of9

Case: 1:06-cv-00747-LW Doc #: 40-1 Filed: 10/01/08 5 of 9. PageID #: 190
The Agreement constitutes the entire agreement between Moher and Pitt Ohio on its subject matter, which is resolution and settlement of Moher's claims and allegations in the Action, concerning failure to be hired by Pitt Ohio and concerning failure to hire other women who applied or might have applied for work at the Ohio terminals of Pitt Ohio. This Agreement does not impose any obligations on the parties beyond the terms and conditions stated herein.
The parties agree that Ohio law shall govern the validity, construction and enforcement of this Agreement. To the extent that it is determined that the validity, construction or enforcement of this Agreement and the Moher Release executed pursuant to its terms, is governed by state law, the law of the State of Ohio shall apply.
Moher andPittOhio agree that neither Pitt Ohio's transfer of money nor
payments to Moher and her attorneys pursuant to this Agreement shall obligate Pitt Ohio to pay any further amount to Moher, but Moher shall remain entitled to any amounts payable to her under the terms of the Consent Decree, entered into between EEOCand Pitt Ohio.
Neither Moher nor her attorneys shall seek or be entitled to any additional attorneys' fees, costs or other paym~nts from Pitt Ohio or any other entity on the basis that Moher is a "prevailing party" in the Action under Section 706(k) of Title VII, any similar statute or Ohio law.
The failure of anyparty to insist in anyone or more instances on strict compliancewith the terms and conditions hereof shall not be construed to be a waiver
of remedies available with respect to any prior or subsequent breach.
Page5 of9
~

Case: 1:06-cv-00747-LW Doc #: 40-1 Filed: 10/01/08 6 of 9. PageID #: 191
.
This Agreement shall inure to the benefit of, and be binding upon, the parties to this agreement and their respective heirs, dependents, executors, administrators, trustees, legal representatives, person representatives, agents, successors and assigns; provided, however, that this Agreement shall not inure to the benefit of any third party.
Both parties hereto have participated, through their respective counsel, in the drafting of this Agreement and, therefore, this Agreement shall not be construed more strictly against one party than another.
Moher agrees that the terms and conditions of this Agreement and the actions by the parties in accordance with it, are strictly confidential, and have not and shall not be disclosed to any person not a party to the Agreement or the Action, except her counsel, tax advisor, immediate family or as required by law.
Whenever possible, each provision and term of this Agreement shall be interpreted in such a manner as to be valid and enforceable.
Except as specifically provided for herein, this Agreement may not be amended or modified except with the express written consent of the parties. Each side shall be bound by a singular signature. Each signature warrants that the signer has authority to bind his party. This Agreement may be executed in counterparts. Each signed counterpart together with the others shall constitute the full Agreement.
Page6 of9
~

Case: 1:06-cv-00747-LW Doc #: 40-1 Filed: 10/01/08 7 of 9. PageID #: 192 As of the date on which counsel for the parties execute this Agreement, it will be binding in all respects.
Page7 of9 ~

Case: 1:06-cv-00747-LW Doc #: 40-1 Filed: 10/01/08 8 of 9. PageID #: 193 COUNSEL FOR PAMELA MOHER:
/~-/- 08 Date
~
10 -1- or-
Date

P. O. Box 248 Chesterland, OH 44026 Phone: (440) 729-8260 Fax: (440) 729-8262

(0-/- oY
Date

Page8 of9
.c.
~

Case: 1:06-cv-00747-LW Doc #: 40-1 Filed: 10/01/08 9 of 9. PageID #: 194 FOR PITT OHIO EXPRESS, LLC
Date

COUNSEL FOR PITTOHIO EXPRESS,LLC:
Terrence H. Murphy, Esq. Buchanan Ingersoll & Rooney PC One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219-1410 Phone: (412) 562-8800 Fax: (412) 562-1041

Date

Page9 of9
, ~

 
 Case: 1:06-cv-00747-LW Doc #: 41 Filed: 10/03/08 1 of 2. PageID #: 195

. ,

Case 1:06-cv-00747-LW Document 40 Filed 10/01/2008 Page 3 of 4

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

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) EQUAL EMPLOYMENT OPPORTUNITY
COM1\1ISSION, )

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Plaintiff,

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) Civil Action No. I :06-cv-0747~::.

)

PAMELA J. MOHER, on behalf of herself )

and others similarly situated,

) JUDGE LESLEY WELLS

)

Plaintiff-Intervenor, ) MAG. JUDGE KENNETH S. McHARGH

)

v.

)

)

PITT OHIO EXPRESS, LLC,

)

Defendant.

)

)

ORDER Based upon the joint motion ofPlaintiff-Intervenor Pamela Moher and Defendant Pitt Ohio Express, LLC, and the Settlement Agreement between Pamela Moher and Pitt Ohio Express, LLC, and in accordance with 26 C.F.R. §1.468B-l(c), this Court orders as follows: This court approves and orders the designation ofand establishment ofthe Elfvin & Besser Co. LPA IOLTA account as a qualified settlement fund (QSF) and the appointment ofMr. Bruce B. Elfvin, as administrator of that account as a QSF for the purposes of this case and the Settlement Agreement pursuant to §1.468B-l(c)(l). This QSF, in accordance with §1.468B-l(c)(2), is established to help resolve one or more contested claims that have resulted from an event that occurred and is alleged to have resulted in Pitt Ohio liability. Lastly, in accordance with §1.468B-

Case: 1:06-cv-00747-LW Doc #: 41 Filed: 10/03/08 2 of 2. PageID #: 196 Case 1:06-cv-00747-LW Document 40 Filed 10/01/2008 Page 4 of 4
l(c)(3), it is ordered that theElfvin & Besser Co. LPA IOLTA is and be deemed a trust under Ohio law and that its assets be segregated from the assets ofthe transferor, Pitt Ohio.
SO ORDERED, this _3_ day o~008.

 
 Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 1 of 23. PageID #: 243

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY)

COMMISSION

)

)

Plaintiff,

)

)

)

)

)

)

)

v.

)

)

PITT-OHIO EXPRESS, INC.

)

)

Defendant.

)

Civil Action No.: 1:2006 cv 00747 JUDGE LESLEY WELLS

CONSENT DECREE

Introduction

I. This action was instituted by the U.S. Equal Employment Opportunity

Commission ("EEOC" or "Commission") on March 31, 2006, against Pitt Ohio Express, LLC

("Pitt Ohio") to enforce provisions of Title VII of the Civil Rights Act of 1964, as amended, 42

U.S.C. § 2000c ct seq., including the Civil Rights Act of 1991 ("Title VII"). The Commission

alleged that Pitt Ohio discriminated against Pamela Moher ("Moher") when it failed to hire her

based on her sex, that since September I, 1997 it discriminated against women in failing to hire

them in driver and dockworker positions in its Ohio terminals and engaged in recordkeeping violations. Pitt Ohio denies all of these allegations.

2. This Consent Decree ("Decree") resolves all claims and issues raised in EEOC's Complaint in Civil Action No. 06-cv-00747 (L W).

Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 2 of 23. PageID #: 244
Findings 3. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record and stipulations of the parties, but without trial or adjudication of any issues of fact or law raised by EEOC's Complaint the Court finds: (1) it has jurisdiction of the parties and subject matter jurisdiction ofthis action pursuant to 28 U.S.C. §§ 451, 1331, 1337. 1343, 1345 and 1367; (2) the terms of this Decree are fair, reasonable, equitable and just, and adequately protect the rights of the parties and the public interest; and (3) this Decree is entered into pursuant to Title VII and the provisions of Title VII will be carried out by implementation of this Decree. IT IS THEREFORE ORDERED AND DECREED: 4. This Court has jurisdiction over the parties and the subject matter of this action. 5. This Court hereby orders and decrees that neither this Decree nor the fact of a settlement are an admission or concession by Pitt Ohio of any violation of Title VII or of any liability or wrongdoing whatsoever. 6. Nothing in this Consent Decree is intended to or shall be construed to limit the rights of any Claimant or the EEOC to bring an action based on or arising out of events occurring after the date of Approval, or bring an action against any company or entity other than Pitt Ohio, or the EEOC to bring an action not covered by EEOC's Complaint in this case.
7. Pitt Ohio, its officers, agents, employees and all others in active concert with them are enjoined from discriminating in hiring based on sex in violation of Title VII against female applicants for driver and dockworker positions in its Ohio terminals, and from
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 3 of 23. PageID #: 245

failing to create and maintain records as required by Title VII or regulations issued pursuant to Title VII.

8. Pitt Ohio, it's officers, agents, employees and all others in active concert with them shall not retaliate against any female applicants for driver and dockworker positions at its Ohio terminals for participating in this proceeding or otherwise asserting any rights under Title VII in this proceeding.

Monetary Relief
9. In settlement of this action, Pitt Ohio shall pay a total of 2.430 million dollars ($2,430,000), to be distributed amongst Claimants (described in Paragraph 11 below) ("Claim Fund").

10. In accordance with the terms of the Settlement Agreement, entered into between Moher and Pitt Ohio, Pitt Ohio will pay the amount specified therein in resolution of

Moher's claims. This payment shall be apart and not made from the Claim Fund, and shall be in the nature of compensatory damages and attorney's fees, as specified in the Settlement Agreement. Moher's counsel will provide EEOC a copy of the check and Form 1099 concurrent with providing them to Moher. Moher also will be paid an additional payment from the Claim Fund under the process and in the amount allocated to an Offer Eligible Claimant, as specified in paragraph 14 below, and will be provided a Form 1099 regarding this additional payment according to paragraph 15 below. No additional Release, Questionnaire or Claim Form will be required regarding this additional payment to Moher.

11.

"Claimants" are those women, other than Moher, whom EEOC

determines applied for, but were not hired for, driver and/or dockworker positions at Pitt Ohio's

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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 4 of 23. PageID #: 246
Cleveland, Columbus, Cincinnati or Toledo terminals between September 1, 1997 and 19 October. 2008. Based on the submitted claim forms, including information received in questionnaires. the EEOC will. in its sole discretion, determine how much each Claimant shall receive from the Claim Fund and which Claimants arc Offer Eligible (Section 19). These determinations will be made by EEOC in view of the Claimants' applications, experience, qualifications and credentials.
12. No later than 30 days after preliminary approval of this Consent Decree, EEOC shaH provide notice of the proposed Consent Decree to each Claimant, in a form approved by the Court (Exhibit A), describing the terms of the proposed Consent Decree and requesting that each Claimant provide or update their previously provided information. The Claimant's information must include (a) whether she still is interested in employment with Pitt Ohio in a driver or dockworker position; (b) a listing of her current qualifications and qualifications at time of application, for driver and dockworker; and (c) which, if any, of the Ohio terminals of Pitt Ohio at which she will accept employment, together with a claim form, release and questionnaire.
13. Within sixty (60) days of such notification, or 90 days from the date the notice, release, claim form and questionnaire were initially mailed, whichever is earlier, each Claimant shaH provide EEOC a completed Questionnaire, Claim Form and fully executed release of her claim of hiring discrimination under Title VII as raised in this Complaint. Any Claimant who does not provide a Questionnaire, Claim Form and fully executed release to EEOC by the deadline shall forfeit her share of the Claim Fund. This forfeited share will be reallocated at the sole discretion of EEOC to one or more ofthose Claimants who have fully executed a release and submitted a Claim Form and Questionnaire.
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 5 of 23. PageID #: 247
14. Within thirty (30) days of final approval of the Consent Decree, Defendant shall deposit the sum of 2.430 million dollars ($2,430,000) in a financial institution, which sum will be the Claim Fund. The EEOC will retain a firm to administer the Claim Fund as a Qualified Settlement Fund. Within sixty (60) days of receipt of all executed Claimant releases, Claim Forms and Questionnaires or of final approval of the Consent Decree if approved after receipt of releases, Claim forms and Questionnaires, EEOC shall provide the Claim Fund all such releases and an itemization of the amount that each Claimant is to receive from the Claim Fund. Within ten (1 0) days of receipt of the releases and the itemization from EEOC, the Claim Fund shall provide the releases to Defendant and shall distribute to Claimants by certified mail with return receipt, at the addresses provided by EEOC, the portion of the Claim Fund specified by EEOC which will be no less than $1,000 for Claimants submitting a valid claim and no less than $20,000 for each Offer Eligible Claimant (Section 19 below). Each payment by the Claim Fund shall be accompanied by documentation showing the name of the Claimant, the gross amount paid, any deductions or adjustments. and any net amount paid and be simultaneously provided to EEOC.
15. The payments to Claimants arc for compensatory damages. Based on the lack of any prior employment relationship between Pitt Ohio and the Claimants, the absence of any adjudication of issues raised in the Complaint and Pitt Ohio's payment to the Claim Fund according to the procedures herein as a step in resolving all claims and issues, each Claimant, to whom a payment was made will be provided by the Claim Fund, an IRS Form 1099-MISC for the year in which payment is made, as required by Jaw, directed to the same address to which the check was sent.
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 6 of 23. PageID #: 248
16. If any Claimant has died or dies before issuance of or depositing or cashing of her check, the estate. personal representative or heir(s) of that person shall receive the payment that the deceased Claimant otherwise would have received.
17. If any check to a Claimant is returned undelivered or refused, the Claim Fund will promptly notify EEOC in writing, making available to it the envelope or a copy of the envelope in which the check was mailed and any explanation of non-delivery from the U.S. Postal Service including certified mail return receipt. EEOC shall make further reasonable steps to provide those Claimants' updated addresses to the Claim Fund for a second payment delivery attempt. In the event re-delivery cannot be made or is refused, the Claim Fund shall notify EEOC.
18. If the Claim Fund has been unable to deliver a check to a Claimant as provided above. or a delivered check is not cashed within 30 days of delivery, then the amount attempted to be paid to that Claimant shall be deemed forfeited and will be reallocated to one or more Claimants, including Moher, in EEOC's discretion.
Nonmonetary Relief 19. An "Offer Eligible Claimant" is a Claimant whom EEOC determines was not hired for the position at Pitt Ohio for which she applied, but who is qualified under the current hiring criteria for driver or dockworker positions supplied by Pitt Ohio. and remains interested in employment as a driver and/or dockworker with Pitt Ohio. 20. Pitt Ohio has provided EEOC the current hiring criteria for its driver and dockworker positions in its Ohio terminals, which are: Class A Linehaul Driver; Class A Local
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 7 of 23. PageID #: 249
Driver; Class B Driver; Sprinter Driver; FT Dockworker; and PT Dockworker. Pitt Ohio will provide any updates or changes to these hiring criteria during the term of the Decree.
21. Based on information received in response to EEOC's notice above and other available information. EEOC will determine which Claimants arc Offer Eligible.
22. Within 60 days after the entry of this Decree, EEOC shall provide Pitt Ohio the name of each Offer Eligible Claimant who has expressed interest in employment with Pitt Ohio and whom it contends should receive "priority hiring consideration" as defined in paragraph 23. and at the same time it will provide Pitt Ohio the current qualifications information received from each such Offer Eligible Claimant.
23. As used herein, "priority hiring consideration" refers to Pitt Ohio's obligation to make employment offers for driver and dockworker positions to Offer Eligible Claimants who meet the hiring criteria in effect for such positions at the time the offer for such position would be made.
24. To the extent Pitt Ohio disagrees with those identified by EEOC to receive "priority hiring consideration," it will notify the EEOC within 10 days. Pitt Ohio and the EEOC agree to use their best efforts to resolve any dispute as to whether an Offer Eligible Claimant meets the then applicable hiring criteria. Unresolved disputes in this regard shall be resolved through the dispute resolution procedure in paragraph 44.
25. Absent disagreement or once any disagreement about whether an Offer Eligible Claimant should receive "priority hiring consideration" has been resolved, such Offer Eligible Claimant entitled to "priority hiring consideration" shall be placed on a "Job Offer List" according to her stated Ohio terminal preference for employment.
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 8 of 23. PageID #: 250
26. When a job vacancy for a driver or dockworker position becomes available at an Ohio terminal, Pitt Ohio will consult the Job Offer List for that terminal, invite as many Offer Eligible Claimants to interview as it deems appropriate and make offers of employment to Offer Eligible Claimants on the Job Offer List before considering the application of any other person.
27. Pitt Ohio may require each Offer Eligible Claimant to interview to verify her qualifications for a job vacancy for a driver or dockworker position. If with respect to a vacancy an Offer Eligible Claimant fails to respond by the close of the business day after receipt of a request for interview or to be available for an interview within two business days after responding to an interview request, such failure shall be deemed no response and Pitt Ohio shall have no further obligation to consider that Offer Eligible Claimant for a job vacancy, unless for the particular vacancy another Offer Eligible Claimant is hired, in which event the Offer Eligible Claimant who failed to respond or be available in accordance with this paragraph shall be entitled to an additional opportunity with respect to a vacancy before Pitt Ohio's obligation to consider her may be deemed extinguished.
28. An Offer Eligible Claimant will have three business days from receipt of an offer to accept the job offer. Offer Eligible Claimants who receive job offers, but decline them shall be removed from the Job Offer List and Pitt Ohio will have no further obligation to offer employment to them pursuant to the "priority hiring consideration" provisions of this Decree.
29. The "priority hiring consideration" provisions of this Decree shall not require Pitt Ohio to violate any applicable law, order, ordinance or regulation.
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 9 of 23. PageID #: 251
30. Pursuant to these "priority hiring consideration" provisions, Pitt Ohio shall extend at least 40 offers of employment, 26 for driver positions and 14 for dockworker positions. If at least 30 hires do not result from the initial offers, EEOC will provide Pitt Ohio the names of additional Offer Eligible Claimants and Pitt Ohio shall in good faith make additional offers until 30 hires are achieved or until the tennination of this Decree, whichever is earlier.
31. Each Offer Eligible Claimant hired pursuant to the "priority hiring consideration" provisions will receive "rightful place instatement." "Rightful place instatement" shall mean that, when an Offer Eligible Claimant is hired into a driver or dockworker position, she shall be hired into the vacant position at the then existing hiring rate for the position with seniority rights and accompanying benefits. based on the position and her earlier date of application. Rightful place instatement shall not extend to bumping Pitt Ohio employees who occupy jobs, displacement of drivers from current route and shift assignments, or vacation preference rights.
32. Pitt Ohio will appoint from its human resources department an ombudsperson to resolve informally issues arising from or which result from women entering driver and/or dockworker positions pursuant to the terms of this Decree. To the extent necessary. Pitt Ohio will issue procedures for submission and handling of issues by the ombudsperson. The ombudsperson will not be the person in the human resources department responsible for responding to EEO charges or other EEO compliance.
33. In order to receive monetary relief pursuant to the tenns of this Decree, each Payment Eligible Claimant and Offer Eligible Claimant must submit a claim, a Questionnaire, and execute a release in the fonn approved by the Court (Exhibit B), which must be sent as provided in the notice to Claimants after being approved by the Court.
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 10 of 23. PageID #: 252
Training 34. Within 30 days after the date of this Decree, Pitt Ohio shall provide a training proposal to EEOC for approval. The proposal shall include: format of the training; name(s) and qualilications of the instructor(s); content and topics to be covered; length ofthe program; and estimated training dates and locations. The training shall include at least the following topics: Title VII recordkeeping requirements (retention requirements, prohibition against destruction of records, etc.); hiring practices and procedures which comply with Title VII; the interview process and types of questions to be asked of applicants; and personnel policies and procedures which comply with Title VII. 35. Pitt Ohio shall conduct EEO training to be attended by its executives, managers. supervisors, human resources staff and recruiters from its corporate headquarters and Ohio terminals. and any other employees at corporate headquarters and the Ohio terminals coming in direct contact with prospective applicants or involved in the recruitment. selection and hiring process. This training shall be completed within 90 days of the date of this Decree. 36. Pitt Ohio shall train all newly-hired and newly-promoted management or supervisory staff, and other staff involved in the application and hiring process at its corporate headquarters or Ohio terminals on equal employment opportunity law, including the topics listed in paragraphs 34, within 90 days after their hire, promotion or transfer for the duration of this Agreement. To satisfy this requirement, Pitt Ohio may substitute viewing of a video presentation of the original training session, provided a qualified trainer attends to answer questions. 37. Pitt Ohio shall be responsible for the cost of training it conducts under this Agreement subject to other terms of this Agreement. All personnel to be trained shall attend the
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 11 of 23. PageID #: 253

training sessions and Pitt Ohio shall retain the registry of attendance for the duration of this Agreement.

Management Accountability 38. In addition to the steps of training and appointment of an ombudsperson, identified elsewhere in this Decree. Pitt Ohio will help assure management and supervisory accountability in effecting the terms of this Decree in its Ohio facilities by:

a.

directing managers and supervisors to carry out their supervisory

responsibilities so as to achieve compliance with Pitt Ohio's policy

or policies prohibiting unlawful employment discrimination and/or

retaliation;

b. taking corrective action, which may include discipline up to and including discharge of any supervisor or manager who violates Pitt Ohio's policy or policies prohibiting unlawful employment discrimination or retaliation;

c. directing managers and supervisors to report incidents of unlawful discrimination and/or retaliation to Pitt Ohio's human resources group.

39. Pitt Ohio will incorporate into the performance evaluations of its

supervisors and managers an equal opportunity component.

Notice Posting 40. Within 14 days after the date of this Decree, Pitt Ohio shall post the Notice attached as Exhibit C at its Ohio terminals and corporate headquarters, and keep it upon those premises in places where bulletins and notices to employees and applicants for employment customarily are posted. Such Notice shall remain for the five-year duration of this Decree. If such Notice becomes defaced, marred or otherwise unreadable, Pitt Ohio will ensure that new readable copies are posted in the same manner as heretofore specified.

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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 12 of 23. PageID #: 254

41. Agreement:

Reporting Requirements The following is a summary of the interim reports required by this

a. training proposal under paragraph 34 due within 30 days after the date of this Decree;
b. certification of training pursuant to paragraphs 35 and 36, including name, job title and location of each participant, and copies of materials distributed to participants, within 30 days after completion of training;
c. certification as to the notice posting under paragraph 40 within 30 days after the date of this Decree: and,
d. certification of compliance with paragraph 39
42. With the first reporting period starting on the first day of the month
immediately after the date of this Decree, Pitt Ohio shall submit to the EEOC's Cleveland Field
Office a written report for each preceding six-month period for three years and then for each
preceding one-year period for the remaining tenn of the Agreement, regarding recruitment and
hiring of women in driver and dockworker positions in Ohio, which shall include:

a. for each Ohio tenninal for the reporting period, a list of driver and dockworker hires, including name, sex, date of hire, job title, rate of pay, and status as full-time or part-time employee;

b. for each Ohio terminal for the reporting period, a list of the names of driver and dockworker applicants, their sex, and for each their address. social security number (if available). job applied for, date of application and an indication of the status of the applicant (i.e., hired or disposition code information); and

c.

for each Ohio terminal, copies of the applicant logs for the

preceding reporting period.

43. On the same reporting basis as paragraph 42, Pitt Ohio shall provide

copies or documentation of any employment offers made to Offer Eligible Claimants pursuant to

the "priority hiring consideration" provisions of this Decree and shall provide the following

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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 13 of 23. PageID #: 255
information: date of offer; position offered, full or part-time status of the position offered; hiring wage rate: geographic location of position; whether the offer was accepted or rejected by the Offer Eligible Claimant: and the reason for rejection, if known.
Dispute Resolution 44. In the event a party to this Decree believes another party has failed to comply with any provision of it, the complaining party shall notify the other party or parties in writing of the specific provision or provisions with which compliance allegedly has not occurred and the facts forming the basis of the alleged non-compliance. Upon receipt of such notice, the alleged non-complying part shall have 30 days to remedy the alleged non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged noncomplying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within 30 days. the complaining party may submit the matter to Niki Schwartz for disposition according to procedures he shall determine. Pitt Ohio shall pay the costs of Mediator Niki Schwartz for any such procedures where it is the alleged non-complying party. unless he shall determine to the contrary for reasons he must specify. The foregoing is subject to the proviso that EEOC may proceed directly to court in situations where it believes the delay attendant to the notice and referral to Niki Schwartz may cause harm to EEOC's or Claimant interests.
Miscellaneous Provisions 45. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. subject to the terms of this Decree. 46. The terms of this Decree are and shall be binding upon Pitt Ohio. its officers, agents, employees and all others in active concert with them. Pitt Ohio will provide
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 14 of 23. PageID #: 256
prior written notice to any potential purchaser of its business, or of some or all of its assets, and to any potential successor of this action, EEOC's complaint and this Decree. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of this Decree.
47. This Decree shall be filed in the United States District Court for the Northern District of Ohio and shall continue in effect for five years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes.
48. EEOC may review Pitt Ohio's compliance with this Decree at reasonable times and upon reasonable notice through inspection of Pitt Ohio's Ohio terminals and/or headquarters, and by reviewing or copying documents or electronic information, and/or by interviewing witnesses.
49. Pitt-Ohio will cooperate with EEOC to facilitate notice to the Claimants after preliminary approval of the Consent Decree and in preparation for a Fairness Hearing, and any other procedures necessary to obtain final approval and entry of the Consent Decree.
Dated: 19 October 2008
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Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 15 of 23. PageID #: 257

(i:XHIBIT A

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

)

)

Plaintiff.

)

)

and

)

)

)

v.

)

)

PITT 01110 EXPRESS. LLC.

)

)

Defendant.

)

)

)

)

Civil Action No.: 1:2006 cv 00747 JUDGE LESLEY WELLS
NOTICE OF PROI,OSED CONSENT DECREE
AND FAIRNESS HEARING

TO: All women, who applied for employment at any of Pitt Ohio's terminals in Ohio (Cleveland, Columbus, Cincinnati and Toledo) as a Truck Driver and/or Dockworker at any time between September 1, 1997, and 19 October, 2008 and who were not offered a position.
PLEASE READ TI-llS ENTIRE NOTICE CAREFULLY YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LAWSUIT. EEOC and Pitt-Ohio have agreed to resolve this case with a Consent Decree on behalf the group of women that includes you (the "Claimants" identified above). The proposed Consent Decree will not become final unless the Court approves it as fair, reasonable and in the public interest. This Notice explains the terms of the Consent Decree and how it may affect you. This Notice tells you how and when the Court will decide whether to approve the Consent Decree. and how to "object to" (legally challenge) the Consent Decree. It also tells you how to get more information and how to file your claim for a monetary payment of at least $1,000.
What EEOC's Lawsuit Is About
This lawsuit was filed by the Equal Employment Opportunity Commission (''EEOC"). Following investigation of a charge and an unsuccessful settlement effort, EEOC filed suit and alleged that Pitt Ohio did not hire the Charging Party or offer her a Truck Driver or Dockworker position and did not hire or offer positions to other female applicants. The EEOC claims that Pitt Ohio engaged in a pattern or practice of failing and refusing to hire qualified female applicants as

Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 16 of 23. PageID #: 258
Truck Drivers or Dockworkers because of their gender at its terminals in Ohio. Pitt Ohio denies these allegations. and further denies any liability or wrongdoing. It has given up none of its defenses.
EEOC conducted a detailed investigation of the facts. EEOC extensively reviewed the available documentation. including applications. and other Pitt Ohio documents. and has analyzed the hiring data.
The EEOC and Pitt Ohio have agreed on the proposed Consent Decree described in this Notice, and submitted it to the Court for approval. EEOC believes that this Consent Decree is advantageous to the parties, to the women above (the "'Claimants") and in the public interest, more so than continuing to litigate this case through trial, which would be expensive and would likely take several more years with no guarantee of success. The Consent Decree provides substantial benefits to the Claimants relatively quickly, and EEOC recommends its approval.
Although Pitt Ohio has denied and denies any wrongdoing or liability in this case, and has given up none of its defenses, it has agreed to settle this case on the terms explained in this Notice in order to avoid the burden of an expensive and time-consuming lawsuit with an uncertain outcome. The Court has not decided whether EEOC would win this case or whether Pitt Ohio has a valid defense to the claims made in this case. This Notice docs not mean that the Court has decided that Pitt Ohio has violated any federal or state law. This Notice is not an opinion one \vay or the other about your chances of recovering anything in this lawsuit if the lawsuit is not settled.
Summary of Consent Decree Terms
(This is only a swnmw:r. The complete terms (~(the proposed Consent Decree are in the Consent Decree itse(( A copy(~{the Consent Decree has heen.filed with the Court and also is availahle at hup: . 11'11'11'. eeoC.!!OI'iCO/IseJ11 pill-ohio )
EEOC and Pitt Ohio have agreed upon a proposed Consent Decree to resolve this case without a trial. The proposed Consent Decree is subject to Court's review, including preliminary and final approval.
The Consent Decree provides substantial benefits, which arc described on the next two pages, to every Claimant who presents a valid claim. As explained below, the Consent Decree provides for a payment to each Claimant presenting a valid claim based upon an application for employment with Pitt Ohio as a Truck Driver or Dockworker in a specified time period, and additional payments to Claimants evaluated by EEOC to be "OtTer Eligible" after completion of the claims process.
If you wish to be considered for relief as a Claimant or as an Offer Eligible Claimant. you must complete and return the claim and release forms included with this Notice and have your qualifications reviewed by EEOC in accordance with the claims process described in this Notice. Whether or not a Claimant is evaluated to be Offer Eligible will not affect their right to receive monetary relief as a Claimant, described in this Notice.
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Consent Decree Benefits For All Claimants
• The Consent Decree enjoins Pitt Ohio from discriminating against female applicants based on their gender in its hiring of drivers and/or dockworkers at any of its facilities in Ohio. In addition. the Consent Decree provides relief to female applicants for Truck Driver and/or Dockworker positions in Pitt Ohio's Ohio facilities, who were not hired by Pitt Ohio from September I, 1997, through 19 October, 2008.
• For each of the next live years following final approval of the Consent Decree. Pitt Ohio will maintain data. provide reports directly to the EEOC and be subject to court oversight. Certain disputes will be subject to referral to an ombudsperson. Other disputes on compliance with the Consent Decree will be subject to mediation and court proceedings if necessary.
• As a part of Consent Decree, Pitt Ohio agrees not to reta I iate against any Claimant based upon her involvement in the Consent Decree process.
• Pitt Ohio agrees to offer at least 40 positions at its Ohio facilities, and hire no less than 30 Offer Eligible Claimants, designated by the EEOC following the claims process. The positions will be split 1/3 Dockworker and 2/3 Truck Driver in filling positions, and will include rightful place seniority. The Offer Eligible Claimants will be designated as promptly as possible following the final date for tiling claims under the Consent Decree.
• The Pitt Ohio Claim Fund will pay each Claimant who submits a valid claim to EEOC not less than $1.000, and each Offer Eligible Claimant not less than $20,000. The exact amount of each payment to each Claimant will depend on the number of valid claims tiled and the number of persons interested in and evaluated as meeting all hiring criteria for OtTer Eligible Claimants.
• In the event some payments can't be delivered or arc not cashed. the EEOC. in its discretion. will re-allocate those payments amongst the Claimants consistent with paragraph 18 of the Consent Decree. Claimants who tiled timely claims will be eligible to receive additional money in this re-allocation process.
Additional Benefit for the Offer Eligible Claimants
Claimants determined to be Offer Eligible will receive their job offers from Pitt Ohio based on vacancies occurring in Truck Driver or Dockworker positions in Pitt Ohio's Ohio facilities. Upon hire, the Offer Eligible Claimant will receive a hire date and, for certain purposes seniority consistent with the date of the next vacancy filled following her date of original application to Pitt Ohio. Any payment allocated to an Offer Eligible Claimant will be made consistent with the determinations of EEOC.
Releases
If the Court approves the Consent Decree, all Claimants will be required to sign a \vritten release in order to receive their payment. Claimants who sign their releases, give up any
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right to sue Pitt Ohio under Title VII of the Civil Rights Act of 1964 for gender discrimination at any time in the past, up to 19 October, 2008 related to hiring. This includes rights to sue Pitt Ohio for all relief for gender discrimination in hiring under Title VII, including back pay, front pay, further compensatory damages and punitive damages.
Under the Consent Decree, Settlement Class members do not release any legal claim that is not related to Pitt Ohio's gender discrimination under Title VII in hiring practices and policies that were challenged in the law suit.
If the Court grants final approval to Consent Decree, it will enter an order of final approval in this case. This will include equitable and other injunctive relief and include all Claimants, and the monetary relief described in this notice to those Claimants who file a valid claim and sign their release.
What Happens Next
To approve the Consent Decree. the Court must decide that the terms of the Consent Decree arc fair. reasonable and in the public interest. If it is approved by the Court, the Consent Decree will be binding on EEOC and Pitt Ohio and you do not have to do anything in order to receive the benefits you arc entitled to under the Consent Decree, other than file your claim and Questionnaire with EEOC and execute a release. However. if the Court docs not approve the Consent Decree. it will not go into effect and the lawsuit will continue.
Schedule and Location of Fairness Hearing
The Fairness Hearing will be held before Judge Lesley Brooks Wells at [Time] on (Date! in Courtroom (numberJ of the United States Courthouse, (AddressJ, Ohio. You may attend the fairness hearing if you wish, but you do not have to attend. You also have the right to hire your own lawyer and enter an appearance in this case. However, if you wish to speak at the Fairness Hearing, you must give notice to EEOC at the following address no later than 18 December, 2008:
EEOC Cleveland Field Office AJC Building, Room 3001 1240 East Ninth Street Cleveland, Ohio 4419
Attn: Pitt Ohio Fairness Hearing
Objections
i. who may object Any Claimant may "object to" (legally challenge) any aspect of the Consent Decree. The Court will consider your objections when it decides whether or not to approve the Consent Decree. Unless the parties agree, the Court cannot modify the Consent Decree, but can only approve or disapprove it in its entirety. The mere filing of an objection by a Claimant will not affect the right to receive compensation under this Consent Decree unless the Court determines not to
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approve this Consent Decree. EEOC and Pitt Ohio may make some agreed appropriate modifications of the Consent Decree based upon objections.
ii. Process for objecting
To object to the Consent Decree, you must send your written objections to EEOC at the address below. Your objection must be received no later than 18 December, 2008.
EEOC Cleveland Field Office AJC Building, Room 3001 1240 East Ninth Street Cleveland, Ohio 4419 Attn: Pitt Ohio Objections
EEOC will electronically file with the court any objections received within 5 business days of receipt. Objections to the Consent Decree may also be filed with the Office of the Clerk, United States District Court for the Northern District of Ohio, Carl B. Stokes United States Court House, 80 I West Superior Avenue, Cleveland, Ohio 44113-1830 by 22 December, 2008. Any Claimant who docs not follow these procedures will not be allowed to be heard as to the fairness or reasonableness of the proposed Consent Decree at the Fairness Hearing.
Issuing Payments:
Claimants
If the Court grants final approval of the Consent Decree. and if no objector obtains a stay and appeals the Court's decision. payments \viii be processed promptly after the Court's ruling becomes final and binding. If you arc entitled to receive money as a Claimant or as an Offer Eligible Claimant, you must provide the EEOC with an executed release. To receive a check for your share of the settlement funds, you must sign and return the release form consistent with the Consent Decree.
The Claim Fund will mail you a check for your payment allcr it receives your signed release from EEOC following the linal approval. Your payment is for compensatory damages, including emotional distress and mental anguish, and not wages, since you have never had an employment relationship with Pitt Ohio. Your gross amount is subject to income tax on any payment received, but no taxes will be withheld. The Claim Fund will send you a form 1099-MISC reporting the amounts actually paid. You should consider whether you need to make estimated tax payments as a result of receiving the payments.
You will have sixty (60) days from the date you receive the release form, or 90 days from the date the release form wns initinlly mailed to you (whichever is earlier), to sign the relense form and return it to the ~:EOC or you will give up your right to payment.
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HOW TO GET MORE INFORMATION The complete Consent Decree, this Notice, the Court-approved Release form and the current hiring criteria for Driver and Dock Worker jobs at Defendant's Ohio terminals are accessible for review at the website. below. All documents filed in this case. including the proposed Consent Decree. can be reviewed at the Office of the Clerk. United States District Court for the Northern District of Ohio. Carl B. Stokes United States Court House, 80 I West Superior Avenue. Cleveland. Ohio 44113-1830. during regular business hours. or through the Court's website http://www.ohnd.uscourts.gov/Eiectronic Filing/electronic tiling.html. Please direct letters. phone calls, e-mail or other specific inquiries about the Consent Decree to EEOC, not to the Clerk's Office or the Court.
EEOC CLEVELAND FIELD OFFICE AJC BUILDING ROOM 3001 CLEVELAND, OHIO 44199
ATTN: PITT OHIO CONSENT DECREE
lnformntion about the Consent Decree is availnble online nt http://www.ecoc.gov/conscnt/pitt-ohio/ You may also call EEOC at 1-866-943-7677.
Please Do Not Contact the Judge or the Clerk ofthe Court About the Com·ent Decree oft/tis Case
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EXHIBIT 8
CLASS M•:MBER RELEASE
In consideration of my receipt of a court-approved monetary distribution from the Pitt Ohio Driver/Dockworker Sex Discrimination Claim Fund (11Claim Fund11) in Equal Employment Opportunity Commission v. Pitt Ohio Express, Inc., Case No. I :06-cv-0747, pending in the U.S. District Court for the Northern District of Ohio, Eastern Division ("Litigation") and potentially being eligible to be placed on a job offer list in connection with settlement of the Litigation, I agree to be bound by the terms of this Release Agreement ("Agreement"), as follows:
LIMITED RELEASE OF CLAIMS AGAINST PITT OHIO EXPRESS, LLC
I hereby waive. release and discharge ("Release ofCiaims 11 ) Pitt Ohio Express, LLC ("Pitt Ohio"). including its officers, directors, subsidiaries, affiliates, predecessors, successors. fiduciaries. insurers, employees, agents and attorneys ("Released Parties") from any and all claims, known and unknown, for sex discrimination in failure to hire or employ me as a driver or dockworker under Title Vll of the Civil Rights Act of 1964, as amended ("Title VII"), arising on or before 19 October, 2008. I understand that my release includes all claims for monetary damages, injunctive, declaratory or equitable relief, costs and attorneys' fees, arising under Title VII.
I understand that my release does not include other claims of discrimination such as for race, age or national origin discrimination, or claims arising under the Fair Labor Standards Act or the Employee Retirement Income Security Act.
TAX RESPONSIBILITY
I understand that I am fully and ultimately responsible for payment of all of my federal, state or local taxes, resulting from or attributable to the distribution I receive from the Claim Fund in the Litigation. Accordingly, I agree to pay all of my federal, state or local taxes, resulting from or attributable to the distribution I receive from the Claim Fund in the Litigation.
OTIIER AGREEMENTS AND REPRESENTATIONS
OwnershiP- of Claims. I represent and warrant that I have not assigned or transferred any claim I am purporting to release, nor have I attempted to do so.
Entire Agreement. This Agreement may not be modified, except by a writing signed by both me and an authorized Pitt Ohio attorney. I acknowledge that Pitt Ohio has made no representations or promises to me, other than those in this Agreement and in or referenced in the Consent Decree in the Litigation.
Successors and Assigns. This Agreement binds my heirs, administrators, representatives, executors, successors, and assigns.

Case: 1:06-cv-00747-LW Doc #: 48 Filed: 10/21/08 22 of 23. PageID #: 264 Interpretation. This Agreement shall be construed as a whole according to its fair meaning and shall be governed by federal law. Knowing and Voluntarv Waiver and Release of Claims. I understand and agree that:
I am entering into this Agreement knowingly and voluntarily; I understand the terms of this Agreement; I have been and am being advised to consult with an attorney prior to signing this
Agreement; and I have had a sufficient amount of time to consider this Agreement before signing
it. AGREED: [SIGNATURE! fPRINT NAME] Date
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EXHIBIT C

NOTICE TO ALL EMPLOYEES AND APPLICANTS FOR EMPLOYMENT AT PITT-OHIO

This notice to all Employees and Applicants is being posted as part of the remedy agreed to

between the parties in settlement of an employment discrimination suit known as Equal

Employment Opportunity Commission v. Pitt-Ohio Express, Civil Action No. 1:2006 CY 00747,

filed in the United States District Court for the Northern District of Ohio. In its Complaint,

EEOC alleged that Pitt-Ohio failed to hire women as truck drivers and dockworkers in its Ohio

facilities since September. 1997 due to their gender. The case was resolved by entry of a

Consent Decree which provides a monetary remedy to a class of women not hired as drivers and

dockworkers, prohibits failure by Pitt-Ohio to hire women as drivers and dock workers due to

their gender in its Ohio facilities and provides for hiring 30 class members as drivers and dock

workers.

Federal law requires, among other things, that there be no discrimination against any employee

or applicant for employment because of the employee's or applicant's sex.

It is the policy of Pitt-Ohio to consider and hire applicants without regard to sex. Pitt-Ohio and

all of its related corporate entities encourage qualified women to apply for employment.

If you believe that you have been discriminated against because of your sex, you may contact the

Equal Employment Opportunity Commission (';EEOC") at the following national toll-free

number: 1-800-669-4000. If you have a TTY device for hearing impaired: TTY number is 1-

800-669-6820. You may also contact the EEOC's Cleveland Field Office at the following

number: (216)522-200 I; TTY (216)522-8441.

Pitt Ohio, Inc. Date:

Company Representative:_ _ _ __

 
 6/6/2017

Northern District of Ohio

Cat03,McHargh,Termed

U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:06-cv-00747-LW

Equal Employment Opportunity Commission v. Pitt-Ohio Express, Date Filed: 03/31/2006

Inc.

Date Terminated: 01/23/2009

Assigned to: Judge Lesley Wells

Jury Demand: Plaintiff

Cause: 28:451 Employment Discrimination

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C. Larry Watson U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7455 Fax: 216-522-7430 Email: larry.watson@eeoc.gov (Inactive) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lawrence Mays Ste. 1300 55 Public Square Cleveland, OH 44113 216-456-2486 Fax: 216-456-2487 Email: Lawrence.Mays@lmayslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Debra M. Lawrence U.S. Equal Employment Opportunity Commission - Baltimore 3rd Floor 10 South Howard Street Baltimore, MD 21201 410-962-4349 Fax: 410-962-2817 Email: debra.lawrence@eeoc.gov ATTORNEY TO BE NOTICED

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?47362799029271-L_1_0-1

Jeffrey A. Stern U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199
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Plaintiff/Intervenor Ms. Pamela J. Moher

Northern District of Ohio
216-522-7458 Fax: 216-522-7430 Email: Jeffrey.Stern@eeoc.gov ATTORNEY TO BE NOTICED
Ronald L. Phillips Equal Employment Opportunity Commission 3rd Floor 10 South Howard Street Baltimore, DC 21201 410-209-2737 Fax: 410-962-4270 Email: ronald.phillips@eeoc.gov ATTORNEY TO BE NOTICED
represented by Bruce B. Elfvin Elfvin, Klingshirn, Royer & Torch Ste. 530 4700 Rockside Road Independence, OH 44131 216-382-2500 Fax: 216-381-0250 Email: bruce@ekrtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barbara Kaye Besser Elfvin & Besser 4070 Mayﬁeld Road Cleveland, OH 44121 216-382-2500 Fax: 216-381-0250 Email: bkb@elfvinbesser.com ATTORNEY TO BE NOTICED
David B. Malik Law Ofﬁce of David B. Malik 8437 Mayﬁeld Road Chesterland, OH 44026 440-729-8260 Fax: 440-490-1177 Email: dbm50@sbcglobal.net ATTORNEY TO BE NOTICED
Dennis J. Niermann P.O. Box 202295 Shaker Heights, OH 44120 216-375-2696 Email: dennis@niermannlaw.com ATTORNEY TO BE NOTICED

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V. Defendant Pitt-Ohio Express, Inc. TERMINATED: 10/08/2008

Northern District of Ohio
represented by Bobbi Britton Tucker Buchanan Ingersoll & Rooney 20th Floor One Oxford Centre Pittsburgh, PA 15219-1410 412-392-1666 Fax: 412-392-2128 Email: bobbi.brittontucker@bipc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terrence H. Murphy Buchanan Ingersoll & Rooney 20h Floor One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 412-392-2044 Fax: 412-392-2128 Email: terrence.murphy@bipc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jaime S. Tuite Buchanan, Ingersoll & Rooney - Pittsburgh 20th Floor One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 412-562-8419 Fax: 412-562-1041 Email: jaime.tuite@bipc.com ATTORNEY TO BE NOTICED
Thomas H. Barnard , Jr. Ogletree Deakins Nash Smoak & Stewart Cleveland Ste. 4100 127 Public Square Cleveland, OH 44114 216-357-4731 Fax: 216-357-4733 Email: thomas.barnard@ogletreedeakins.com ATTORNEY TO BE NOTICED

Date Filed 03/31/2006

# Docket Text
1 Complaint against Pitt-Ohio Express, Inc. Nothing issued. Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(C, BA) (Entered:

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03/31/2006 04/07/2006 04/07/2006 04/26/2006 04/27/2006 04/27/2006 05/18/2006
05/30/2006 05/31/2006 06/16/2006 06/23/2006 06/30/2006 07/20/2006 07/24/2006 07/24/2006 07/26/2006 08/08/2006

04/03/2006)

Northern District of Ohio

2 Random Assignment of Magistrate Judge McHargh (C, BA) (Entered: 04/03/2006)

3 Attorney Appearance of Jeffrey Stern and Ron Phillips ﬁled by Lawrence Mays on behalf of Equal Employment Opportunity Commission. (Mays, Lawrence) Modiﬁed text of docket entry on 4/10/2006 (B, B). (Entered: 04/07/2006)

4 Motion for appearance pro hac vice of Debra M. Lawrence ﬁled by attorney Lawrence Mays on behalf of Equal Employment Opportunity Commission. (C, K A) (Entered: 04/07/2006)

5 Motion to intervene as a party Plaintiff ﬁled by Pamela J. Moher. (Attachments: # 1 Proposed Complaint in Intervention)(Elfvin, Bruce) (Entered: 04/26/2006)

6 Attorney Appearance ﬁled by Dennis J. Niermann on behalf of Pamela J. Moher. (Niermann, Dennis) Modiﬁed text of docket entry on 5/8/2006 (B, B). (Entered: 04/27/2006)

7 Notice of Service of motin to intervene and complaint in intervention ﬁled by Pamela J. Moher. Related document(s) 5 . (Besser, Barbara) Modiﬁed text of docket entry on 5/8/2006 (B, B). (Entered: 04/27/2006)

Order [Non Document] Granting Plaintiff's Motion for appearance pro hac vice; Attorney Debra M. Lawrence is added as counsel for Equal Employment Opportunity Commission (Related Doc # 4 )(Entered on behalf of Judge Lesley Wells on 5/18/06)(C, L) Modiﬁed text on 5/24/2006 (C, B). (Entered: 05/18/2006)

8 Answer to Complaint (Related Doc # 1 ) ﬁled by Pitt-Ohio Express, Inc.. (Barnard, Jr., Thomas) (Entered: 05/30/2006)

9 Corporate Disclosure Statement ﬁled by all defendants. Related document(s) 8 . (Barnard, Jr., Thomas) (Entered: 05/31/2006)

10 Opposition to Motion to intervene as a party Plaintiff ﬁled by all defendants. Related document(s) 5 . (Barnard, Jr., Thomas) No certiﬁcate of service, attorney notiﬁed. Modiﬁed text on 6/22/2006 (C, B). (Entered: 06/16/2006)

11 Certiﬁcate of Service to opposition to motion ﬁled by defendant. Related document(s) 10 . (Barnard, Jr., Thomas) Modiﬁed wording of text on 7/3/2006 (C, B). (Entered: 06/23/2006)

12 Reply to response to Motion to intervene as a party ﬁled by Pamela J. Moher. Related document(s) 5 . (Elfvin, Bruce) Modiﬁed text 7/25/2006 (C, K A). (Entered: 06/30/2006)

13 Attorney Appearance by David B. Malik 0023763 ﬁled by on behalf of Pamela J. Moher. (Malik, David) (Entered: 07/20/2006)

Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney Bobbi Britton Tucker, Receipt # 14660002611 (C, BA) (Entered: 07/24/2006)

14 Motion for attorney Bobbi Britton Tucker to Appear Pro Hac Vice ﬁled by Pitt-Ohio Express, Inc. $190.00 Filing fee paid; receipt number 14660002611. (C, K A) (Entered: 07/25/2006)

Order [Non Document] Granting Motion for appearance pro hac vice; attorney Bobbi Britton Tucker is added as counsel for Pitt-Ohio Express, Inc. (Related Doc # 14 )(Entered on behalf of Judge Lesley Wells on 7/26/06)(C, L) (Entered: 07/26/2006)

15 Order Granting Party Intervention Pursuant to Rule 24(a)(1). (Related Doc # 5 )(Signed by Judge Lesley Wells on 8/8/06)(C, L) (Entered: 08/08/2006)

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08/08/2006

Northern District of Ohio
16 Intervenor's complaint, with jury demand, against Defendant on behalf of PlaintiffIntervenor and the Class. Filed by Pamela J. Moher. (Elfvin, Bruce) Modiﬁed wording of text on 8/9/2006 (C, B). (Entered: 08/08/2006)

08/22/2006 17 Attorney Appearance by Terrence H. Murphy ﬁled by on behalf of Pitt-Ohio Express, Inc.. (Murphy, Terrence) (Entered: 08/22/2006)

08/25/2006 18 Answer to Intervenor Complaint (Related Doc # 16 ) ﬁled by Pitt-Ohio Express, Inc.. (Tucker, Bobbi) (Entered: 08/25/2006)

10/27/2006

19 Report of Parties' Planning Meeting under Federal Civil Procedures 26(f) and Local Rules 16.3(b) ﬁled by Equal Employment Opportunity Commission. (Stern, Jeffrey) Modiﬁed text on 11/7/2006 (E, P). (Entered: 10/27/2006)

10/31/2006

20 Case Management Conference Scheduling Order. A case management conference to be held on 12/7/2006 at 10:00 AM at Chambers 328 before Hon. Lesley Wells.( Signed by Judge Lesley Wells on 10/31/2006) (C, L) (Entered: 10/31/2006)

11/20/2006

21 Motion (Letter) to reschedule the Case Management Conference Scheduled for 12/7/06 at 10:00 a.m. a half hour earlier at 9:30 a.m. ﬁled by Pitt-Ohio Express, Inc. Related document(s) 20 . (M, P) (Entered: 11/21/2006)

12/08/2006

22 Case Management Conference Plan/Order Status Conference set for 3/7/2007 10:00 AM to be held telephonically before. Amendment of pleadings due 90 days after the Court's order on class certiﬁcation. Fact Discovery cutoff is 6/7/07. Class certiﬁcation motions shall be ﬁled by 7/9/07 with brief in opposition ﬁled by 8/9/07 and reply brief due 8/24/07. Court will conduct a status conference 30 days from the court's class certiﬁcation order. Signed by Judge Lesley Wells on 12/8/06. (M, P) (Entered: 12/08/2006)

01/29/2007

Notice of Re-scheduled Hearing. The telephonic status conference set for 3/7/2007 has been cancelled. A Telephone Conference has been re-set for 4/4/2007 at 09:00 AM before Hon. Lesley Wells. (C,LS) (Entered: 01/29/2007)

02/15/2007

Financial Transaction in the amount of $100.00 received for motion to appear pro hac vice by attorney Jaime S. Tuite, Receipt # 14660006616 (K, K) (Entered: 02/15/2007)

02/15/2007

23 Motion for attorney Jaime S. Tuite to Appear Pro Hac Vice, ﬁled by Pitt-Ohio Express, Inc.. Filing fee paid; receipt number 14660006616. (Attachments: # 1 Afﬁdavit of Jaime S. Tuite# 2 Certiﬁcate of Good Standing# 3 Proposed Order) (B,B) Modiﬁed on 3/6/2007 (B, T). (Entered: 02/16/2007)

02/16/2007

Order [Non Document] Granting Motion for appearance pro hac vice. Attorney Jaime S. Tuite is added as counsel for Pitt-Ohio Express, Inc. (Related Doc # 23 )(Entered on behalf of Judge Lesley Wells on 2/16/07).(C,LS) (Entered: 02/16/2007)

02/23/2007 24 Proposed Stipulation Regarding Discovery ﬁled by Pitt-Ohio Express, Inc.. (Tucker, Bobbi) (Entered: 02/23/2007)

03/01/2007 25 Proposed Stipulation Regarding Discovery ﬁled by Pitt-Ohio Express, Inc.. (Tucker, Bobbi) (Entered: 03/01/2007)

03/09/2007 26 Proposed Stipulation extending response time for Discovery ﬁled by Pamela J. Moher. (Elfvin, Bruce) Modiﬁed wording of text on 3/12/2007 (C, Br). (Entered: 03/09/2007)

03/13/2007

Order (Non Document). Discovery stipulation is moot. (Related Doc. # re 24 ) (Entered on behalf of Judge Lesley Wells on 3/13/07).(C,LS) (Entered: 03/13/2007)

03/13/2007

Order (Non Document) Granting Discovery Stipulation. (Related Doc. # 25 ). The parties have stipulated that Pitt Ohio shall have through 19 March 2007, to respond to Plaintiff's First Interrogatories and Plaintiff's First Request for Production and that EEOC shall have

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through 6 April to respond to Defendant's First Request for Production of Documents to Plaintiff and Defendant's First Set of Interrogatories to Plaintiff.(Entered on behalf of Judge Lesley Wells on 3/13/07).(C,LS) (Entered: 03/13/2007)

03/19/2007 27 Unopposed Motion for extension of time until (Multiple Dates) to Extend Discovery ﬁled by Pitt-Ohio Express, Inc.. (Tuite, Jaime) (Entered: 03/19/2007)

04/06/2007

Order [non-document]granting 27 Motion for Extension of Time re 27 Unopposed Motion for extension of time (Multiple Dates) to Extend Discovery: Phase I Fact Discovery Cutoff is 19 July 2007; Class Certiﬁcation Motions due 20 August 2007; Responsive Briefs in Opposition due 20 September 2007; Reply Briefs due 5 October 2007.. Signed by Judge Lesley Wells on 6 April 2007.(D,JA) (Entered: 04/06/2007)

04/06/2007

Minutes of proceedings [non-document].Status Conference held on 6 April 2007 before Judge Lesley Wells. Parties' counsel discussed the pre-trial discovery schedule with the Court. Present for the conversation were: Jeffrey Stern, Barbara Kaye Besser, Dennis Niermann, and Terrence Murphy. The next Status Conference will be held with the Court on 5 June 2007 at 10 AM. The Court will initiate the call. (D,JA) (Entered: 04/06/2007)

06/06/2007 28 Stipulated Motion for extension of Current Scheduling Order until 09/06/2007 ﬁled by all parties. (Elfvin, Bruce) (Entered: 06/06/2007)

06/14/2007

Order [Non Document] Granting Stipulated Motion for Extension of Current Scheduling Order. (Related Doc. #28). (Entered on behalf of Judge Lesley Wells on 6/14/07)(C,LS) (Entered: 06/14/2007)

08/14/2007 29 Joint Letter re: Mediation Report ﬁled by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 08/14/2007)

09/05/2007

30 FILING ERROR- wrong version uploaded-ﬁler will reﬁle correct-Stipulated Motion for to Vacate Current Scheduling Order and Status Report ﬁled by Pamela J. Moher. (Elfvin, Bruce) Modiﬁed text on 9/5/2007 (R, Sh). (Entered: 09/05/2007)

09/05/2007 31 Stipulated Motion for to Vacate Current Scheduling Order and Status Report ﬁled by Pamela J. Moher. (Elfvin, Bruce) (Entered: 09/05/2007)

09/05/2007

Order [non-document]granting Stipulated Motion to Vacate Current Scheduling Order and Status Report(Related Doc # 31 ). Consequent to a successful mediation of this matter the prior schedule is vacated. Instead, the parties shall, jointly or separately, submit an interim status report no later than 30 September 2007. The parties shall ﬁle their Joint Motion for Preliminary Approval by 31 October 2007. A Court-initiated telephonic status conference shall be held on Thursday 15 November 2007 at 10:00 A.M. Signed by Judge Lesley Wells on 5 September 2007.(D,JA) (Entered: 09/05/2007)

09/28/2007 32 Joint Status Report ﬁled by all parties. (Elfvin, Bruce) (Entered: 09/28/2007)

10/01/2007 33 Address Change Notice by Thomas H. Barnard, Jr. ﬁled by on behalf of Pitt-Ohio Express, Inc.. (Barnard, Jr., Thomas) (Entered: 10/01/2007)

11/20/2007

Minutes of proceedings [non-document].Telephonic Status Conference held on 11/15/2007 initiated from the chambers of Judge Lesley Wells. Counsel Bruce Elfvin, Jeffrey Stern, and Terrence Murphy discussed the processing, among the parties, of the proposed consent Decree, settlement agreements and Motion for Preliminary Approval. Counsel pledged to return the Motion for Preliminary Approval to the Court by the end of the calendar year. The Court set a Telephonic Status Conference with counsel for Monday, 17 December 2007 at 10:00. The Court will initiate the call. (D,JA) (Entered: 11/20/2007)

01/09/2008

Notice of Hearing [Non Document]. A Telephonic Status Conference is set for 1/17/2007 at 02:00 PM before Judge Lesley Wells. (Court will initiate the conference call) (C,LS)

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Minutes of proceedings [non-document].Telephonic Status Conference held on 1/17/2008, initiated from the chambers of Judge Lesley Wells. Counsel Bruce Elfvin, Dennis Niermann, David Malik, Jeffrey Stern, and Terrence Murphy discussed progress toward a Consent Decree and Settlement Agreement and will meet in Cleveland on 25 January 2008 at 9:30 a.m., and again on 31 January 2008 at 9:30 a.m. to work toward ﬁnalizing the proposed documents. (D,JA) (Entered: 01/17/2008)

34 Motion for conference/hearing by Class and Intervenor ﬁled by Plaintiff/Intervenor Pamela J. Moher. (Attachments: # 1 Appendix Mediation Summary Sheet)(Elfvin, Bruce) (Entered: 06/25/2008)

35 Response to 34 Motion for conference/hearing by Class and Intervenor ﬁled by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 07/07/2008)

Minutes of proceedings [non-document] A Telephonic Status Conference was held on 07/09/2008 with EEOC counsel Jeff Stern and Plaintiff-Intervenor counsel Bruce Elfvin to address Mr. Elfvin's Motion ﬁled on 25 June 2008 (Doc. 34) and Mr. Stern's brief in response, ﬁled 7 July 2008 (Doc. 35). Counsel are in the process of addressing their differences involving the mediated settlement and will make themselves available on 10 July 2008 at 2:00 p.m. for a further telephonic conference on the prevailing issue. (D,JA) (Entered: 07/10/2008)

Minutes of proceedings [non-document] A Telephonic Status Conference was held on 07/10/2008 with EEOC counsel Jeff Stern and Plaintiff-Intervenor counsel Bruce Elfvin regarding the progress of the mediated settlement in this matter. The Plaintiff-Intervenor's proposal is under review. Counsel will be available for a further telephonic status conference on the prevailing issue on 24 July 2008 at 2:00 p.m. The Court will initiate the call. (D,JA) (Entered: 07/10/2008)

Minutes of proceedings [non-document] A Telephonic Status Conference was held on 07/24/2008 with EEOC counsel Jeff Stern and Plaintiff-Intervenor counsel Bruce Elfvin regarding the progress of the mediated settlement in this matter. The Plaintiff-Intervenor's proposal is under review. Counsel will be available for a further telephonic status conference on the prevailing issue on 31 July 2008 at 1:30 p.m. The Court will initiate the call. (D,JA) (Entered: 07/24/2008)

36 Order referring case to Magistrate Judge Kenneth S. McHargh for the purpose of a settlement hearing to be held on 8/8/08 at 10:00 a.m. re 34 Motion for conference/hearing by Class and Intervenor ﬁled by Pamela J. Moher. Judge Lesley Wells on 8/1/08. (E,P) (Entered: 08/01/2008)

Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Settlement Conference was held on 8/8/08. Case has not settled. Parties are to notify the Court by 8/22/08 of their approval of the structure of the proposed settlement agreement. Time: 4 hours. (Court Reporter None.) (R,N) (Entered: 08/08/2008)

37 Letter ﬁled by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 08/22/2008)

38 Notice of Hearing. A Telephonic Status Conference is set for 9/3/2008 at 10:00 AM before Magistrate Judge Kenneth S. McHargh. Plaintiff shall initiate the call and then contact the Court at 216-357-7230. (R,N) (Entered: 08/25/2008)

Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/3/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Barbara Besser and Dennis Niermann for the

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Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. A Telephonic Status Conference is set for 9/11/2008 at 2:30 PM before Magistrate Judge Kenneth S. McHargh. Plaintiff is to initiate the call and then contact the Court at 216-357-7230. Time: 55 minutes (Court Reporter None.) (R,N) (Entered: 09/03/2008)
39 Motion to enforce Settlement Agreement and for Statutory Interest ﬁled by Plaintiff/Intervenor Pamela J. Moher. (Elfvin, Bruce) (Entered: 09/10/2008)
Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/11/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Bruce Elfvin and Dennis Niermann for the Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. A Telephonic Status Conference is set for 9/18/2008 at 10:30 AM in before Magistrate Judge Kenneth S. McHargh. Plaintiff is to initiate the call and then contact the Court at 216-357-7230. Time: 40 minutes (Court Reporter None.) (R,N) (Entered: 09/11/2008)
Minutes of proceedings before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/18/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Bruce Elfvin and Dennis Niermann for the Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. A Telephone Status Conference is set for 9/26/2008 at 2:30 PM before Magistrate Judge Kenneth S. McHargh. Plaintiff is to initiate the call and then contact the Court at 216-357-7230. Time: 20 minutes (Court Reporter None.) (R,N) (Entered: 09/18/2008)
Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephonic Status Conference was held on 9/26/08. In attendance were: Attorney Jeffrey Stern for the plaintiff; Attorneys Bruce Elfvin, Dennis Niermann and David B. Malik for the Plaintiff/Intervenor and Attorney Terrence Murphy for the defendant. The parties continued discussions regarding outstanding settlement issues. The parties jointly agreed to an extention of time to respond to the Motion to enforce the settlement agreement and for statutory interest 39 . The Court agreed and has given the parties 10 days to respond. Counsel to contact the Court next Tuesday, September 30th, should any unexpected problems arrise with the ﬁnal draft. Time: 20 minutes (Court Reporter None.) (R,N) (Entered: 09/26/2008)
40 Motion for Order QSF Approval with Settlement ﬁled by Plaintiff/Intervenor Pamela J. Moher. (Attachments: # 1 Exhibit Signed Settlement Agreement)(Elfvin, Bruce) (Entered: 10/01/2008)
41 Order re 40 regarding Motion for Order QSF Approval with Settlement ﬁled by Pamela J. Moher. This court approves and orders the designation of and establishment fo the Elfvin & Besser Co. LPA IOLTA account as a qualiﬁed settlement fund(QSF) and the appointment of Mr. Bruce B. Elfvin, as administator of that account as QFS. It is ordered that the Elfvin & Besser Co. LPA IOLTA is and be deemed a trust under Ohio law and that its assets be be segregated from the assests of the transferor, Pitt Ohio. Judge Lesley Wells on 10/3/08. (E,P) (Entered: 10/03/2008)
42 Notice of Withdrawal of Motion of Plaintiff-Intervenor to Enforce Settlement Agreement and For Statutory Interest ﬁled by Pamela J. Moher. Related document(s) 39 .(Elfvin, Bruce) (Entered: 10/03/2008)
43 Notice of Dismissal of Claims with Prejudice ﬁled by Pamela J. Moher. (Elfvin, Bruce) (Entered: 10/08/2008)

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44 Order of partial dismissal. Matter is dismissed with prejudice as to Pitt-Ohio pursuant to Fed. R. Civ. P. 41, each party shall bear its own costs. Signed by Judge Lesley Wells on 10/8/2008. (Related doc 43 )(B,B) (Entered: 10/08/2008)
45 Joint Motion for Preliminary Approval of Consent Decree ﬁled by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 Proposed Consent Decree, # 2 Exhibit 2 Proposed Preliminary Approval Order)(Stern, Jeffrey) (Entered: 10/08/2008)
46 Proposed Order Revised Exhibit 2 Preliminary Approval Order ﬁled by Equal Employment Opportunity Commission. Related document(s) 45 . (Stern, Jeffrey) (Entered: 10/14/2008)
47 Order Granting re 45 Joint Motion for Preliminary Approval of Consent Decree ﬁled by Equal Employment Opportunity Commission with hearing to be held on 1/22/2009 at 10:00 AM at Courtroom 328, United States Courthouse, 201 Superior Ave. N.E., Cleveland, Ohio. Judge Lesley Wells on 10/19/08. (E,P) (Entered: 10/21/2008)
48 Consent Decree. Judge Lesley Wells on 10/21/08. (E,P) (Entered: 10/21/2008)
49 Brief Pre-Fairness Hearing Memorandum in Support of Final Approval of Consent Decree ﬁled by Equal Employment Opportunity Commission. Related document(s) 47 . (Attachments: # 1 Afﬁdavit Anderson Declaration) (Stern, Jeffrey) (Entered: 01/16/2009)
Minutes of proceedings [non-document] before Judge Lesley Wells.Fairness Hearing held on 1/22/2009 at 10:00 a.m. to review ﬁnalization of the parties' Consent Decree between EEOC and Pitt-Ohio Express, LLC. Jeffrey Stern present representing EEOC; Terrence Murphy present representing Pitt-Ohio Express, LLC. No objections were entered to the proposed Consent Decree and the parties' counsel submitted a proposed Order for the Court's approval.Related document(s) 45 . (D,JA) (Entered: 01/23/2009)
50 Order that the Final Approval of the Consent Decree is hereby Approved re 48 Order. Judge Lesley Wells on 1/22/09. (E,P) (Entered: 01/23/2009)
51 Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants ﬁled by Plaintiff/Intervenor Pamela J. Moher. Related document(s) 48 . (Elfvin, Bruce) Modiﬁed text on 7/6/2009 (B,B). (Entered: 07/02/2009)
52 Opposition to 51 Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants ﬁled by Equal Employment Opportunity Commission. (Attachments: # 1 Declaration of Jeffrey Stern)(Stern, Jeffrey) Modiﬁed text on 7/24/2009 (B,B). (Entered: 07/20/2009)
53 Reply to response to 51 Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants ﬁled by Pamela J. Moher. (Elfvin, Bruce) (Entered: 07/24/2009)
54 Declaration hand-signed duplicate ﬁled by Equal Employment Opportunity Commission. Related document(s) 52 . (Stern, Jeffrey) Modiﬁed text on 8/5/2009 (B,B). (Entered: 08/04/2009)
55 Supplemental Response to 51 Motion for Disclosure of formula used to determine amounts awarded to offer-eligible claimants ﬁled by Pamela J. Moher. (Elfvin, Bruce) Modiﬁed text on 8/6/2009 (B,B). (Entered: 08/05/2009)
56 Order denying Ms. Moher's Petition as premature and submitting the dispute to mediation (Related Doc # 51 ).Signed by Judge Lesley Wells on 9/22/2009.(B,R) (Entered: 09/23/2009)
57 Letter Report re: Mediation ﬁled by Equal Employment Opportunity Commission. Related

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document(s) 56 . (Stern, Jeffrey) (Entered: 09/29/2009)
58 Letter Regarding Mediation ﬁled by Pamela J. Moher. Related document(s) 57 . (Elfvin, Bruce) (Entered: 09/30/2009)
59 Order that upon review, the Court directs the parties to split evenly the cost of mediating this matter re 58 Letter ﬁled by Pamela J. Moher, 57 Letter ﬁled by Equal Employment Opportunity Commission.. Judge Lesley Wells on 10/1/09. (E,P) (Entered: 10/01/2009)
60 Renewed Motion for disclosure ﬁled by Plaintiff/Intervenor Pamela J. Moher. Related document(s) 51 . (Elfvin, Bruce) Modiﬁed text on 11/3/2009 (B,B). (Entered: 11/03/2009)
61 Opposition to 60 Supplemental Motion for disclosure ﬁled by Equal Employment Opportunity Commission. (Stern, Jeffrey) (Entered: 11/20/2009)
62 Reply to response to 60 Renewed Motion for disclosure ﬁled by Pamela J. Moher. (Elfvin, Bruce) Modiﬁed text on 12/2/2009 (B,B). (Entered: 12/01/2009)
63 Order denying Ms. Moher's motion for disclosure. Judge Lesley Wells on 7/6/2010. (Related doc 51 , 60 ) (K,V) Modiﬁed text and links on 7/7/2010 (B,B). (Entered: 07/06/2010)

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