IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KANSAS CITY, KANSAS

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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GMRI, INC. d/b/a RED LOBSTER,

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Defendant.

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CIVIL ACTION NO. COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide

appropriate relief to Holly Dawson, who was adversely affected by such practices. The Commission

alleges that Holly Dawson was sexually harassed by a coworker. As a result of the sexual harassment,

the conditions of her employment were made so intolerable that she was forced to resign her position.

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

jurisdiction of the United States District Court for the District of Kansas. 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, Defendant, GMRI, Inc. d/b/a Red Lobster, was a Florida corporation doing business in the State of Kansas and in the City of Overland Park and has continuously had at least 15 employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Holly Dawson filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least June 2001, Defendant has engaged in the following unlawful employment practices at its Overland Park, Kansas facility in violation of Sections 703 of Title VII, 42 U.S.C. § 2000e-2: (a) Defendant subjected Holly Dawson to sexual harassment during her employment. The unlawful conduct was unwelcome, sexual in nature, and directed at Holly Dawson
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because of her sex. The unlawful conduct was sufficiently severe or pervasive to create a hostile working environment which altered the terms or conditions of Holly Dawson’s employment.
(b) Defendant constructively discharged Holly Dawson by creating a sexually hostile work environment that was so intolerable she was forced to resign her position.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Holly Dawson of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Holly Dawson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Holly Dawson, by providing appropriate
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backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to frontpay of Holly Dawson.
D. Order Defendant to make whole Holly Dawson, by providing compensation for past and future pecuniary losses resulting from the unlawful practices described in paragraph 7 above in amounts to be determined at trial.
E. Order Defendant Employer to make whole Holly Dawson by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Holly Dawson punitive damages for its malicious and reckless conduct described in paragraph 7 above in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. 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.
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Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/ Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney
/s/ Jan Shelly JAN SHELLY Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7918
/s/ Andrea Taylor ANDREA TAYLOR, KS Bar No. 70422 Senior Trial Attorney 5

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office Gateway Tower II 4th & State Avenue, 9th Floor Kansas City, Kansas 66101 (913) 551-5844
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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KANSAS CITY, KANSAS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and HOLLY DAWSON,
Plaintiff/Intervenor, v. GMRI, INC. d/b/a Red Lobster,
Defendant.

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Case No. 03-2489-KHV

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PLAINTIFF’S COMPLAINT IN INTERVENTION Plaintiff/Intervenor Holly Dawson (“plaintiff”), pursuant to Rule 24(a) of the Federal Rules of Civil Procedure, brings this Complaint in intervention of right for legal and equitable relief to redress the injustices done to her by defendant GMRI, Inc. d/b/a Red Lobster (“defendant”).
Jurisdiction and Venue 1. The Court has jurisdiction over this controversy pursuant to 28 U.S.C. §§ 1331, 1337 and 1343(a)(4), as well as 42 U.S.C. § 2000e-5(f). 2. The Court has jurisdiction over defendant because the unlawful employment practices alleged in this Complaint were committed in Johnson County, Kansas, which lies within the District of

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Kansas. In addition, defendant has sufficient minimum contacts with the District of Kansas and the State of Kansas.
3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391, because a substantial part of the events or omissions giving rise to plaintiff’s claims occurred in Johnson County, Kansas, which lies within the District of Kansas.
Parties 4. Plaintiff is a female citizen of the United States, residing in the City of Overland Park, Kansas. 5. Defendant is a corporation formed under the laws of Florida and with a principle place of business in Florida. At all relevant times defendant was authorized to conduct business in the State of Kansas and was doing business in the State of Kansas. 6. Defendant is an “employer” within the meaning of Section 701(b) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”). 7. Defendant currently employs, and during all relevant times has employed, 501 or more persons. 8. Defendant conducts and/or maintains, and/or during all relevant times conducted and/or maintained, a place of business, a restaurant called “Red Lobster” located at 9475 Metcalf Avenue, Overland Park, Johnson County, Kansas. 9. Defendant employed plaintiff at its Red Lobster restaurant located at 9475 Metcalf Avenue, Overland Park, Johnson County, Kansas from approximately June 2001 until approximately April 16, 2002.
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Administrative Procedures 10. On or about June 5, 2002, plaintiff timely filed with the Equal Employment Opportunity Commission (“EEOC”) a charge of discrimination against defendant on the basis of sex (sexual harassment) (attached as Exhibit A and incorporated herein by reference). 11. After a reasonable investigation, the EEOC issued a Determination finding reasonable cause to believe that defendant violated Title VII of the Civil Rights Act, as amended. 12. After finding probable cause and attempting conciliation, the EEOC properly initiated litigation based on plaintiff’s charge of sexual harassment. 13. The aforesaid charge of discrimination provided the EEOC sufficient opportunity to investigate the full scope of the controversy between the parties and, accordingly, the sweep of this judicial complaint may be and is as broad as the scope of an EEOC investigation that could reasonably be expected to have grown out of the charge of discrimination. 14. Plaintiff has satisfied all private, administrative, and judicial prerequisites to the institution of this action.
COUNT I (Violation under Title VII of the Civil Rights Act -Sexual Harassment – Hostile Work Environment – Constructive Discharge) 15. Paragraphs 1 through 14 above are incorporated herein by reference. 16. Plaintiff is a female. 17. Plaintiff became employed by defendant as a server at its Red Lobster restaurant located at 9475 Metcalf Avenue, Overland Park, Johnson County, Kansas in about June 2001. 18. During all relevant times, defendant also employed Alfredo Mota as a kitchen worker at the restaurant at which plaintiff worked.
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19. Plaintiff’s job duties required her to regularly work around and have contact with Mota during the entire term of her employment with defendant.
20. During the course of plaintiff’s employment with defendant, Mota subjected plaintiff to severe and unwelcome conduct of a sexual nature because of plaintiff’s sex, including, but not limited to, sexual comments and innuendo, sexual advances, and sexually offensive bodily contact.
21. Mota’s sexually offensive conduct was unwelcome to plaintiff and she rebuffed Mota’s sexually offensive advances and complained about that conduct. Nonetheless, Mota’s conduct continued.
22. Mota’s conduct was sufficiently severe or pervasive that a reasonable person in plaintiff’s position would find plaintiff’s work environment to be hostile or abusive.
23. At the time Mota’s conduct occurred and as a result of that conduct, plaintiff believed her work environment to be hostile and abusive. Mota’s conduct adversely affected the terms, conditions and/or privileges of plaintiff’s employment with defendant and affected plaintiff’s ability to perform her job duties.
24. Plaintiff complained to defendant’s management personnel about Mota’s conduct, but defendant failed to take proper action.
25. Defendant failed to exercise reasonable care to prevent and correct promptly Mota’s sexually harassing behavior.
26. Defendant knew or should have known of Mota’s improper conduct, but failed to take prompt and appropriate corrective action to end Mota’s harassment of plaintiff.
27. Mota’s improper conduct, combined with defendant’s failure to correct that conduct, made plaintiff’s working conditions intolerable. As a result, plaintiff was forced to resign her employment. Plaintiff’s resignation was a reasonably foreseeable result of defendant’s actions and/or inactions.
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28. As shown by the foregoing, plaintiff suffered intentional discrimination at the hands of defendant during the course of her employment with defendant, based on her gender, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).
29. As a direct and proximate result of defendant’s actions and/or inactions, plaintiff has been deprived of income, as well as other monetary and non-monetary benefits.
30. As a further direct and proximate result of defendant’s actions and/or inactions, plaintiff has suffered a loss of self-esteem, humiliation, emotional distress and mental anguish, and related compensatory damages.
31. Defendant failed to make good faith efforts to establish and enforce policies to prevent illegal discrimination against its employees, including sexual harassment.
32. Defendant failed to properly train or otherwise inform its supervisors and employees concerning their duties and obligations under the civil rights laws, including Title VII.
33. Defendant’s managers responsible for setting or enforcing policy in the area of discrimination were aware of plaintiff’s complaints of harassment, but failed to respond to those complaints. Instead, plaintiff was forced to terminate her employment.
34. By failing to take prompt and effective remedial action, and instead forcing plaintiff to terminate her employment, defendant in effect condoned, ratified and/or authorized the harassment of plaintiff.
35. As shown by the foregoing, defendant engaged in these discriminatory practices with malice or with reckless indifference to the federally protected rights of plaintiff. Plaintiff is therefore entitled to an award of punitive damages in an amount sufficient to punish defendant or to deter it and other companies from like conduct in the future.
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36. Plaintiff is entitled to recover from defendant reasonable attorneys’ fees, as provided in Section 706(k) of Title VII, 42 U.S.C. § 2000e-5(k).
WHEREFORE, plaintiff requests that the Court enter judgment in her favor and against defendant for such damages, actual and nominal, as are fair and reasonable, for her reasonable attorneys’ fees and costs incurred herein, for interest as allowed by law, and for such other and further legal and equitable relief as the Court deems proper.
Jury Demand Plaintiff hereby requests a trial by jury on all counts and allegations of wrongful conduct alleged in this Complaint.
Place of Trial Pursuant to D. Kan. Rule 40.2, plaintiff requests that trial be held in Kansas City, Kansas.

Respectfully submitted, DAVIS KETCHMARK & McCREIGHT, P.C.

By s/ Michael S. Ketchmark Michael S. Ketchmark - #70217 Brett A. Davis - #16217

2345 Grand Blvd., Suite 2110

Kansas City, Missouri 64108

Telephone: (816) 842-1515

Facsimile: (816) 842-4129

Ketchmark E-mail: msk@dkelaw.com

Davis E-mail:

bdavis@dkelaw.com

Attorneys for Plaintiff

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 UNITED STATES DISTRICT COURT DISTRICT OF KANSAS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION

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Plaintiff,

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And

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HOLLY DAWSON,

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Plaintiff/Intervenor,

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Vs.

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GMRI, INC. d/b/a Red Lobster,

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Defendant.

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Case No: 03-2489-KHV

CONSENT DECREE

Plaintiff, Equal Employment Opportunity Commission (hereinafter the

"Commission"), has instituted this action alleging that Defendant, GMRI, Inc. d/b/a Red

Lobster, violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

Section 2000e et seq. (hereinafter "Title VII") by sexually harassing and constructively

discharging Holly Dawson because of her sex. Holly Dawson has intervened in this

lawsuit, alleging violations of Title VII. For purposes of settlement and compromise

only, the parties have advised the Court that they wish to resolve the instant controversy

without the expense, delay, and burden of further litigation;

THEREFORE, it is the finding of this Court, made on the pleadings and on the

record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction

over the parties to and the subject matter of this action, (ii) the requirements of Title VII

will be carried out by the implementation of this Decree, (iii) this Decree is intended to

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and does resolve all matters in controversy in this lawsuit among the parties, and (iv) the

terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows:

I. General Provisions 1. This Decree, being entered with the consent of the parties for purposes of

settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not

be construed as an admission by Defendant of any violation of Title VII or any executive

order, law, rule or regulation dealing with or in connection with sex discrimination in

employment.

2. Defendant shall not discriminate or retaliate against any person because he

or she has opposed any practices alleged in this action as unlawful under Title VII, has

participated in an investigation conducted under Title VII with respect to this complaint,

or because he or she has participated in this lawsuit or has benefited in any way as a

result of this Consent Decree.

II. Relief for Charging Party

3.

Within fifteen (15) days of the entry of this Decree, Defendant shall pay

a total of $60,0000 as settlement for all claims, including for alleged lost wages,

compensatory damages, costs, and attorneys’ fees. Payment shall be made as follows:

a. A check made payable to Holly Dawson in the gross amount of $17,850.80 for compensatory damages;

b. A check made payable to Holly Dawson in the gross amount of $1,000, as and for back pay, less the employee's share of any 2

applicable deductions for FICA, Medicare, and federal and state income tax withholdings;
c. A check made payable to Davis, Ketchmark, & McCreight in the gross amount of $41,149.20 for attorney fees and costs.
4. Within thirty (30) days of the entry of this Decree, Defendant will prepare a letter for Holly Dawson in the form shown in Exhibit A on appropriate GMRI, Inc. d/b/a Red Lobster letterhead, and will make a signed copy of the resulting letter part of the permanent employment records of Holly Dawson. Moreover, Defendant will send the original signed Exhibit A to Michael Ketchmark, attorney for Holly Dawson. In the case of any inquiries by a prospective employer regarding Holly Dawson, Defendant will limit its response to the information contained in this letter, which shall be available to the prospective employer and a copy provided, if requested.
III. Training
5. Within forty-five (45) days after the Consent Decree is approved by the Court, Defendant shall provide mandatory EEO training for (1) all managerial employees at its facilities the Overland Park, Kansas, Metcalf Avenue and Kansas City, Missouri, Bannister Road facilities, (2) the Directors of Operations responsible for the Overland Park, Kansas, Metcalf Avenue and Kansas City, Missouri, Bannister Road facilities, and (3) the Crew Relations Representatives with primary responsibility for responding to calls made to the Crew Relations 800 number from employees working at Overland Park, Kansas, Metcalf Avenue, and Kansas City, Missouri, Bannister Road facilities. The
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content of this training shall include sexual harassment, sex discrimination, and retaliation under Title VII of the Civil Rights Act. This training shall be presented by an outside, third-party consultant who is approved by the Regional Attorney of the EEOC's St. Louis District Office. The training shall include information regarding Title VII's prohibition against the sexual harassment of employees, and shall be at least three (3) hours in duration. Defendant shall submit to the Regional Attorney the names and qualifications of the designated trainers, along with a draft of the training curriculum and materials to be distributed at the training, sufficiently in advance of the training to allow for Commission comment and discussion. The form of the training given may be given by live presentation or by videotape.
6. In the event that the proposed training is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than fifteen (15) days after receiving the EEOC's objections. In the event that the parties are unable to reach an agreement, they shall submit their dispute to a neutral and mutually agreeable third party for mediation before pursuing remedies with the court. Defendant agrees that, should this dispute be referred to a third party for mediation as described above, Defendant and the EEOC shall split evenly all costs, if any, related thereto. Once the EEOC approves of the contents of the training and the trainers, the EEOC will be notified at least five (5) days before the training occurs. This notification shall contain the training date, time, and location. The EEOC may observe some or all of the Defendant's training to ascertain the trainer's effectiveness. This training shall be completed no later than one year from the date of the Court's approval of this Consent Decree. At the
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conclusion of all training, a certificate or other proof of course completion by all employees shall be provided to the EEOC.
7. Within sixty (60) days of providing any EEO training pursuant to this section, Defendant shall send to the EEOC's Regional Attorney in its St. Louis Office a report describing the training and listing the names, addresses, and phone numbers of all Defendant's employees who were trainees, and the names, business addresses and phone numbers of all trainers.
IV. Posting and Policies 8. Defendant shall post and cause to remain posted copies of the notice attached hereto as Exhibit B in locations publicly visible to all employees and applicants in its Overland Park, Kansas, Metcalf Avenue and Kansas City, Missouri Bannister Road facilities for a period of one (1) year starting from the date of entry of this Decree. 9. Within sixty (60) days of the entry of this Decree, Defendant shall cause the policy attached hereto as Exhibit C to be signed by and distributed to every managerial employee working at the Overland Park, Kansas, Metcalf Avenue and Kansas City, Missouri, Bannister Road facilities. Defendant shall also cause all of the aforementioned officials to sign the statement attached hereto as Exhibit D to indicate that they have received and read the policy.
V. Reporting, Record-keeping, and Access 10. Within forty-five (45) days of the entry of this Decree, Defendant shall prepare and submit to the EEOC's Regional Attorney in its St. Louis District Office a letter indicating as follows:
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a. that the notice (Exhibit B) has been posted as required by Paragraph 8, above,
b. that Exhibit C has been distributed as required by Paragraph 9, above, and
c. that the training required by Section III has been completed. The signed copies of Exhibits A, B, C, and D shall be enclosed with the letter. 11. During the effective period of this Decree, Defendant shall, every six (6) months, provide written notification to the EEOC's Regional Attorney in its St. Louis District Office of any internal complaint of sexual harassment made by any employee of its Overland Park, Kansas, Metcalf Avenue and Kansas City, Missouri, Bannister Road facilities, including the name(s) of the employee(s), a description of the investigation of the complaint(s), the finding of the investigation and a description of action taken, or resolution of the complaint(s). In the event there are no complaints of sexual harassment made by any employee of its Red Lobster restaurants during any six (6) month reporting period, Defendant shall provide written notification to the EEOC's Regional Attorney in its St. Louis District Office that no such complaints have been made. 12. For the first report described in Paragraph 11 above, the reporting period shall begin with the date of entry of this Decree and end with the date of the report. For succeeding reports, the reporting period shall begin with the date of the last report and end with the date of the current report. 13. During the term of this Decree, Defendant shall allow representatives of the Commission to review Defendant's compliance with this Decree by inspecting and photocopying relevant documents and records (i.e., non-privileged documents from (1)
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personnel files of persons complaining of alleged harassment; (2) personnel files of accused harassers, and (3) files generated during the course of an investigation into a harassment complaint) interviewing employees and management officials on their premises, and inspecting their premises. Such review of compliance shall be initiated by written notice to the Defendant's attorney of record at least seven (7) business days in advance of any inspection of Defendant's documents or premises. Any such compliance review will be conducted in a manner not to unduly interfere with Red Lobster’s operations and shall take into account things like, but not limited to, peak volume hours. After the first 12 months of this Decree, any inspections will be done only and specifically in response to information provided in notifications provided to the EEOC pursuant to Paragraph 11 above.
VI. Term and Effect of Decree 14. By entering into this Decree, the parties do not intend to resolve any charges of discrimination before the Commission other than those of Holly Dawson, charge number 281A200983. The Commission warrants that it is not aware of any other charges filed by Holly Dawson against GMRI, Inc. or its affiliates other than the charge identified above. 15. This Decree shall be binding upon the parties hereto, their successors and assigns. Defendant shall affirmatively notify any purchasers of the obligations of this Consent Decree prior to any sale which may take place. 16. This Decree shall be for a period of two years and can only be extended for good cause shown. During the Decree's term the Court shall retain jurisdiction of this cause for purposes of compliance.
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17. Each party shall bear its own costs.

DATE: October 1, 2004
BY CONSENT:

s/ Kathryn H. Vratil U.S. DISTRICT JUDGE

ATTORNEYS FOR PLAINTIFF EEOC
/s/Robert G. Johnson ROBERT G. JOHNSON Regional Attorney
/s/Barbara A. Seely BARBARA A. SEELY Supervisor Trial Attorney
/s/Jan Shelly JAN SHELLY Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-7918

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ATTORNEYS FOR DEFENDANT GMRI
/s/ Donald L. Prophete_________________ DONALD S. PROPHETE MICHAEL L. MATULA Armstrong Teasdale L.L.P. 2345 Grand Blvd., Suite 2000 Kansas City, MO 64108-2617 Telephone: (816) 221-3420 Fax: (816) 221-0786
ATTORNEYS FOR PLAINTIFF-INTERVENOR HOLLY DAWSON
/s/ Michael S. Ketchmark_________________ MICHAEL S. KETCHMARK BRETT DAVIS DAVIS KETCHMARK & McCREIGHT PC 2345 Grand. Blvd., Suite 2110 Kansas City, MO 64108 UNITED STATES DISTRICT COURT DISTRICT OF KANSAS
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EXHIBIT A LETTER OF REFERENCE
GMRI, Inc. Letterhead
To Whom it May Concern: Holly Dawson was employed at a Red Lobster Restaurant in Kansas City, Kansas in the position of server between June 2001 and April 2002. Her job performance was consistently acceptable, her attendance was regular, and she is eligible for rehire.
Sincerely,
__________________________ Site Manager

EXHIBIT B
NOTICE TO EMPLOYEES
Federal law prohibits discrimination against any employee or applicant for employment because of the individual's race, national origin, color, religion, sex, or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. It also prohibits retaliation against employees because they have opposed practices they believe discriminate on the basis of race, national origin, color, religion, sex, or age (forty and over) or because they have filed charges with the EEOC or participated in or cooperated with an EEOC investigation.
In particular, Federal law prohibits harassment of employees on the basis of their sex. GMRI, Inc. and Red Lobster support and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law. GMRI, Inc. and Red Lobster will not tolerate harassment of employees based upon sex. Specifically, GMRI, Inc. and Red Lobster will not tolerate language that is demeaning to persons of a particular sex, inappropriate touching, sexual jokes and comments, and unwelcome advances toward persons of a particular sex.
Employees should feel free to report instances of prohibited harassment to any management official at any time. In the event the management official is engaged in the harassment, GMRI, Inc. and Red Lobster provide additional avenues for the employees to use to report instances of sexual harassment. GMRI, Inc. and Red Lobster have established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation.
Employees are also free to make complaints about sexual harassment or about other employment discrimination to the Office of the Regional Attorney, United States Equal Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street, Room 8.100, St. Louis, MO 63103, (Attention: Jan Shelly, Senior Trial Attorney) or by telephone at (314)539-7918.
V.P. HUMAN RESOURCES
DATE

EXHIBIT C POLICY ON HARASSMENT Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for an employer to subject any employee to acts of harassment based upon the employee's sex, race, color, religion or national origin, or to permit or encourage a work environment in which such conduct occurs. Sexual harassment is defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature where any one of the three criteria below are met: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Harassment based upon sex, race, color, religion or national origin includes any verbal or other conduct that demeans, insults or intimidates an employee or a group of employees because of their sex, race, color, religion or national origin. Prohibited conduct includes, but is not limited to jokes, labels, names, or stories offensive to a particular group of persons.

It is the policy of GMRI, Inc. and Red Lobster to prohibit the harassment described above. All persons, including all managers, who engage in such conduct, shall be discharged.
Employees also should be aware of the following: (1) That the harassment described above is unlawful and such conduct will not be tolerated or condoned by this company; (2) That persons subjected to such harassment may complain to anyone in management and that within 10 (ten) calendar days management shall conduct a full investigation, report back to the complaining individual, and take appropriate action against an offending party; (3) Every employee has a right to file a charge alleging sexual harassment with the Equal Employment Opportunity Commission, Robert A. Young Building, 1222 Spruce Street, Room 8.100, St. Louis, MO 63103; and (4) Any employee who files a sexual harassment complaint shall not be fired or otherwise harmed because he or she filed a complaint.
_________________________ V.P. HUMAN RESOURCES GMRI, Inc.

EXHIBIT D

The undersigned managers employed by GMRI, Inc., certify that they have received a copy of their employer's policies relating to sex discrimination, and that they have read this policy by the date indicated.

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 District of Kansas - Docket Report

https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?337688421319424-L_35...

U.S. District Court District of Kansas (Kansas City) CIVIL DOCKET FOR CASE #: 2:03-cv-02489-KHV-DJW

CLOSED

Equal Employment Opportunity Commission v. GMRI, Inc. Assigned to: District Judge Kathryn H. Vratil Referred to: Magistrate Judge David J. Waxse Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/25/2003 Date Terminated: 10/01/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea L. Taylor Office of United States Attorney -- Kansas City 500 State Avenue, Suite 360 Kansas City, KS 66101 913-551-6730 Fax: 913-551-6541 Email: andrea.taylor@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Holly Dawson

Jan Shelly Equal Employment Opportunity Commission- St Louis Robert A. Young Federal Bldg. 1222 Spruce - Room 8.100 St. Louis, MO 63103 314-539-7918 Fax: 314-539-7895 Email: Jan.Shelly@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Brett A. Davis Davis Ketchmark & McCreight, P.C. 2345 Grand Blvd - Ste. 2110 Kansas City, MO 64108 816-842-1515 Fax: 816-842-4129 Email: bdavis@dkelaw.com ATTORNEY TO BE NOTICED

Joseph K. Eischens Thornberry, Eischens & Brown, LLC

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5/29/2007 11:19 AM

District of Kansas - Docket Report

https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?337688421319424-L_35...

V.
Defendant
GMRI, Inc. doing business as Red Lobster

4550 Main Street, Suite #205 Kansas City, MO 64111 816-531-8383X102 Fax: 816-531-8385 Email: joe@teblawfirm.com ATTORNEY TO BE NOTICED
Michael S. Ketchmark Davis Ketchmark & McCreight, P.C. 2345 Grand Blvd - Ste. 2110 Kansas City, MO 64108 816-842-1515 Fax: 816-842-4129 Email: mike@dkelaw.com ATTORNEY TO BE NOTICED
represented by Donald S. Prophete Ogletree, Deakins, Nash, Smoak & Stewart, PC - KC 4717 Grand Ave. - Ste. 300 Kansas City, MO 64112 816-471-1301 Fax: 816-471-1303 Email: don.prophete@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Matula Ogletree, Deakins, Nash, Smoak & Stewart, PC - KC 4717 Grand Ave. - Ste. 300 Kansas City, MO 64112 816-471-1301 Fax: 816-471-1303 Email: mike.matula@ogletreedeakins.com ATTORNEY TO BE NOTICED

Date Filed 09/25/2003 09/25/2003

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission.(trs) (Entered: 09/25/2003)
2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Equal Employment Opportunity Commission - trial to be held in Kansas City, Kansas. (trs) (Entered: 09/25/2003)

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10/03/2003 10/03/2003 10/09/2003 10/14/2003 11/11/2003 11/13/2003 11/14/2003
11/20/2003 12/11/2003 12/11/2003 12/15/2003
12/23/2003 12/24/2003

3 MOTION for attorney Jan Shelly to appear pro hac vice by Plaintiff Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 10/03/2003)
4 AFFIDAVIT of Jan Shelly re 3 MOTION for attorney Jan Shelly to appear pro hac vice by Plaintiff Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 10/03/2003)
5 AFFIDAVIT of Jan Shelly re 3 MOTION for attorney Jan Shelly to appear pro hac vice by Plaintiff Equal Employment Opportunity Commission (Taylor, Andrea) (Entered: 10/09/2003)
6 ORDER granting 3 Motion to Appear Pro Hac Vice by Jan Shelly for Equal Employment Opportunity Commission . Signed by Judge David J. Waxse on 10/9/03. (ck) (Entered: 10/14/2003)
7 ANSWER to Complaint by GMRI, Inc..(Matula, Michael) (Entered: 11/11/2003)
8 MOTION for attorney Donald S. Prophete to appear pro hac vice by Defendant GMRI, Inc. (Attachments: # 1 Affidavit in Support)(Matula, Michael) Text modified on 11/14/2003 (ck). (Entered: 11/13/2003)
PRO HAC VICE FEE PAID: on 11/14/03 for attorney Donald S. Prophete re: 8 MOTION for attorney Donald S. Prophete to appear pro hac vice in the amount of $50.00. Receipt Number: 101191. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (mg) (Entered: 11/14/2003)
9 ORDER granting 8 Motion to Appear Pro Hac Vice Donald S. Prophete for GMRI, Inc. Signed by Judge David J. Waxse on 11/20/03. (ck) (Entered: 11/20/2003)
10 MOTION for Leave to file Complaint in Intervention by Movant Holly Dawson (Attachments: # 1 Exhibit Complaint in Intervention# 2 Exhibit Exhibit to Complaint)(Eischens, Joseph) (Entered: 12/11/2003)
11 CERTIFICATE OF SERVICE by Holly Dawson for Motion for Leave to Intervene (Eischens, Joseph) (Entered: 12/11/2003)
12 ORDER SETTING SCHEDULING CONFERENCE: Telephone Scheduling Conference set for 1/21/2004 at 09:00 AM before Magistrate Judge David J. Waxse. Report of Parties Planning Meeting deadline 1/14/2004. Signed by Judge David J. Waxse on 12/15/03. (Attachments: # 1)(ll) (Entered: 12/15/2003)
13 MOTION for extension of time to File Opposition to Motion to Intervene by Defendant GMRI, Inc. (Matula, Michael) (Entered: 12/23/2003)
14 ORDER: Defendant's 13 MOTION for Extension of Time to File Opposition to 10 Motion to Intervene is granted. Defendant is hereby granted an extension of time, up and including January 9, 2004, to file its opposition to Holly Dawson's 10 Motion for Leave to Intervene. Signed by Magistrate Judge David J. Waxse on 12/24/03.(THIS IS A TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (mm) Modified on 12/24/2003 (ck). (Modified on 12/29/2003 to associate this order with the correct motion granted. (mg)) (Entered: 12/24/2003)

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01/09/2004 01/12/2004 01/19/2004 01/21/2004
01/21/2004 01/23/2004 01/26/2004
02/02/2004 02/03/2004 02/10/2004

15 MEMORANDUM in Opposition by Defendant GMRI, Inc. re 10 MOTION for Leave to file Complaint in Intervention. Attachments: # (1))(Matula, Michael) Modified on 1/12/2004 to block view of the attachement. Exhibit to be refiled. (ck). (Entered: 01/09/2004)
16 EXHIBIT(S) IN SUPPORT of 15 Memorandum in Opposition to Motion by Defendant GMRI, Inc. (Attachments: # 1 # 2 # 3)(Matula, Michael) (Entered: 01/12/2004)
17 Unopposed MOTION for Extension of Time to File Reply as to 15 Memorandum in Opposition to Motion for Leave to Intervene by Movant Holly Dawson (Eischens, Joseph) (Entered: 01/19/2004)
18 ORDER granting 17 Unopposed Motion for Extension of Time to File Reply re 10 Motion for Leave to file Complaint in Intervention. EEOC and Holly Dawson are hereby granted an extension of time, up to and including February 4, 2004, to file a reply brief to Defendant's Memorandum in Opposition to Motion to Intervene, or alternatively, to Dismiss Complaint in Intervention. Entered by Judge David J. Waxse on 1/21/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jm) Text modified on 1/21/2004 (typo) (ck). (Entered: 01/21/2004)
Minute Entry for proceedings held before Judge David J. Waxse: Scheduling Conference held on 1/21/2004. Scheduling Order to follow.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jm) (Entered: 01/22/2004)
19 CERTIFICATE OF SERVICE by GMRI, Inc. Defendant's First Interrogatories and Defendant's First Request for Production of Documents to Plaintiff (Matula, Michael) (Entered: 01/23/2004)
20 SCHEDULING ORDER from Scheduling Conference held before Judge David J. Waxse on 1/21/2004. Discovery deadline 6/30/2004. Dispositive motion deadline set for 7/16/2004. Confidential settlement reports due 4/2/2004. Mediation deadline 4/30/2004. Proposed Pretrial Order due by 6/18/2004. Final Pretrial Conference set for 6/25/2004 at 03:00 PM before Magistrate Judge David J. Waxse. Jury Trial set for 1/4/2005 at 09:30 AM before District Judge Kathryn H. Vratil. (SEE SCHEDULING ORDER FOR FURTHER DETAIL.) Signed by Judge David J. Waxse on 1/26/2004.(jm) (Entered: 01/26/2004)
21 Unopposed MOTION for Extension of Time to file a reply to 15 Memorandum in Opposition to Motion for Leave to Intervene by Movant Holly Dawson (Eischens, Joseph) Text modified on 2/4/2004 (ck). (Entered: 02/02/2004)
22 ORDER granting 21 Holly Dawson's Second Unopposed Motion for Extension of Time to File a Reply re 10 MOTION for Leave to file Complaint in Intervention. Holly Dawson shall be permitted to file a reply to Defendant's Opposition to Motion for Leave to Intervene on or before February 18, 2004. Signed by Judge David J. Waxse on 2/3/2004.(jm) (Entered: 02/03/2004)
23 NOTICE of Hearing: Status Conference set for 12/8/2004 at 09:30 AM before District Judge Kathryn H. Vratil. (ls) (Entered: 02/10/2004)

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02/12/2004 02/18/2004 02/23/2004 02/23/2004 02/23/2004 03/03/2004 03/03/2004 03/03/2004 03/03/2004 03/10/2004
03/10/2004 03/10/2004 03/15/2004 03/17/2004 03/19/2004

24 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff EEOC's Rule 26(a)(1) Initial Disclosures (Taylor, Andrea) (Entered: 02/12/2004)
25 MEMORANDUM IN SUPPORT of 10 MOTION for Leave to file Complaint in Intervention by Movant Holly Dawson (Ketchmark, Michael) (Entered: 02/18/2004)
26 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff EEOC's First Interrogatories to Defendant (Taylor, Andrea) (Entered: 02/23/2004)
27 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission First Request for Production of Documents to Defendant (Taylor, Andrea) (Entered: 02/23/2004)
28 CERTIFICATE OF SERVICE by GMRI, Inc. Certificate of Service of Rule 26 Disclosures (Matula, Michael) (Entered: 02/23/2004)
29 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Answers and Objections to Defendant's First Set of Requests for Production to Plaintiff (Taylor, Andrea) (Entered: 03/03/2004)
30 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plantiff's Answers and Objections to Defendant's First Set of Interrogatories to Plaintiff (Taylor, Andrea) (Entered: 03/03/2004)
31 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Answers and Objections to Defendant's First Set of Requests for Production to Plaintiff (Taylor, Andrea) (Entered: 03/03/2004)
32 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Answers and Objections to Defendant's First Set of Interrogatories to Plaintiff (Taylor, Andrea) (Entered: 03/03/2004)
33 ORDER SETTING STATUS CONFERENCE: Status Conference set for 3/15/2004 at 10:30 AM before Magistrate Judge David J. Waxse. Signed by Judge David J. Waxse on 3/10/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jm) (Entered: 03/10/2004)
34 ENTRY OF APPEARANCE by Michael S. Ketchmark on behalf of Holly Dawson. (Ketchmark, Michael) (Entered: 03/10/2004)
35 ENTRY OF APPEARANCE by Brett A. Davis on behalf of Holly Dawson. (Davis, Brett) (Entered: 03/10/2004)
36 ORDER and Minute Entry for proceedings held before Judge David J. Waxse : Status Conference held on 3/15/2004. Parties ordered to proceed with mediation and discovery.(See Order for detail.)(jm) (Entered: 03/15/2004)
37 NOTICE of Videotape Deposition by GMRI, Inc. of Holly Dawson (Matula, Michael) (Entered: 03/17/2004)
38 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Notice of Videotaped Deposition (Taylor, Andrea) (Entered: 03/19/2004)

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03/19/2004 03/31/2004 04/06/2004 04/09/2004
04/14/2004 04/20/2004 04/23/2004 04/26/2004
04/27/2004 04/27/2004 04/29/2004 04/29/2004
05/11/2004

39 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Plaintiff's Notice of Videotaped Deposition (Taylor, Andrea) (Entered: 03/19/2004)
40 NOTICE by Defendant GMRI, Inc. of taking deposition of Rick Thomas on April 6, 2004 (Matula, Michael) (Entered: 03/31/2004)
41 CERTIFICATE OF SERVICE by GMRI, Inc. of Discovery Responses. (Matula, Michael) Modified on 4/8/2004 (ck). (Entered: 04/06/2004)
42 MEMORANDUM AND ORDER granting 10 Motion for Leave to File. Holly Dawson shall file and serve her Complaint in Intervention within five (5) days of the date of filing of this Order, and Defendant shall file and serve its answer within ten (10) days thereafter. Signed by Judge David J. Waxse on 4/9/2004.(jm) (Entered: 04/09/2004)
43 INTERVENOR COMPLAINT, filed by Holly Dawson. (Attachments: # 1 Exhibit A, Charge of Discrimination)(Ketchmark, Michael) Modified on 4/15/2004 to change party type (ck). (Entered: 04/14/2004)
44 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Second Request For Production of Documents To Defendant GMRI, Inc. d/b/a Red Lobster (Taylor, Andrea) (Entered: 04/20/2004)
45 Unopposed MOTION for Extension of Time to File Response as to 43 Intervenor Complaint by Defendant GMRI, Inc. (Matula, Michael) (Entered: 04/23/2004)
46 ORDER granting 45 Motion for Extension of Time to File Response as to 43 Intervenor Complaint. Defendant GMRI,Inc., shall have through and until April 30, 2004 within which to file an answer or otherwise plead in response to the Complaint in Intervention. Entered by Judge David J. Waxse on 4/26/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jm) (Entered: 04/26/2004)
47 NOTICE by Intervenor Plaintiff Holly Dawson of taking deposition of Jeff Lee on May 7, 2004 (Ketchmark, Michael) (Entered: 04/27/2004)
48 CERTIFICATE OF SERVICE by GMRI, Inc. of Defendant's Supplemental Rule 26(a)(1) Disclosures (Matula, Michael) Text modified on 4/27/2004 (ck). (Entered: 04/27/2004)
49 MOTION to Dismiss the Complaint in Intervention or, Alternatively, to Stay Proceedings and Compel Arbitration by Defendant GMRI, Inc. (Matula, Michael) (Entered: 04/29/2004)
50 MEMORANDUM IN SUPPORT of 49 MOTION to Dismiss the Complaint in Intervention or, Alternatively, to Stay Proceedings and Compel Arbitration by Defendant GMRI, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Matula, Michael) (Entered: 04/29/2004)
51 NOTICE OF VIDEOTAPED DEPOSITIONS of Jim McGahey and Alexis Roberts (Taylor, Andrea) Incorrect title selected; modified on 5/14/2004 (ck). (Entered: 05/11/2004)

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05/11/2004 05/17/2004 05/17/2004 05/17/2004 05/18/2004 05/18/2004 05/19/2004
05/19/2004
05/19/2004 05/24/2004 05/24/2004
05/24/2004 05/24/2004 06/02/2004 06/03/2004

52 NOTICE by Intervenor Plaintiff Holly Dawson of taking deposition of Kim Brevar on May 21, 2004 (Davis, Brett) (Entered: 05/11/2004)
53 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Rule 26(a) Supplemental Disclosures (Taylor, Andrea) (Entered: 05/17/2004)
54 NOTICE by Intervenor Plaintiff Holly Dawson of taking deposition of Kevin Ferrante on May 27, 2004 (Davis, Brett) (Entered: 05/17/2004)
55 NOTICE by Intervenor Plaintiff Holly Dawson of taking deposition of Christina Strait on May 28, 2004 (Davis, Brett) (Entered: 05/17/2004)
56 CERTIFICATE OF SERVICE by GMRI, Inc. Second Request for Production of Documents to EEOC. (Matula, Michael) (Entered: 05/18/2004)
57 CERTIFICATE OF SERVICE by GMRI, Inc. Second Request for Production of Documents and Second Set of Interrogatories to Plaintiff Holly Dawson. (Matula, Michael) (Entered: 05/18/2004)
58 MEMORANDUM in Opposition by Plaintiff Equal Employment Opportunity Commission re 49 MOTION to Dismiss the Complaint in Intervention or, Alternatively, to Stay Proceedings and Compel Arbitration (Taylor, Andrea) (Entered: 05/19/2004)
59 MEMORANDUM in Opposition by Intervenor Plaintiff Holly Dawson re 49 MOTION to Dismiss the Complaint in Intervention or, Alternatively, to Stay Proceedings and Compel Arbitration (Attachments: # 1 Exhibit 1A# 2 Exhibit 1B# 3 Exhibit 2)(Ketchmark, Michael) (Entered: 05/19/2004)
60 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David J. Waxse on 5/19/04. (ll) (Entered: 05/19/2004)
61 AMENDED NOTICE by Intervenor Plaintiff Holly Dawson of taking deposition of Christina Strait on May 27, 2004 (Davis, Brett) (Entered: 05/24/2004)
62 ORDER: The Pretrial Conference scheduled on 6/25/2004 is hereby rescheduled for 7/2/2004 at 09:00 AM before Magistrate Judge David J. Waxse. Proposed Pretrial Order due by 6/25/2004. Entered by Magistrate Judge David J. Waxse on 5/24/04. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll) (Entered: 05/24/2004)
63 RETURN OF SERVICE of subpoena(s) filed by Intervenor Plaintiff Holly Dawson executed upon Kevin Ferrante on May 20, 2004 by Personal Service (Davis, Brett) (Entered: 05/24/2004)
64 RETURN OF SERVICE of subpoena(s) filed by Intervenor Plaintiff Holly Dawson executed upon Christina Strait on May 20, 2004 by Personal Service (Davis, Brett) (Entered: 05/24/2004)
65 Joint MOTION to Amend Scheduling Order by Defendant GMRI, Inc. (Matula, Michael) (Entered: 06/02/2004)
66 MEMORANDUM IN SUPPORT of 49 MOTION to Dismiss the Complaint in Intervention or, Alternatively, to Stay Proceedings and Compel Arbitration Reply Memorandum in Support of by Defendant GMRI, Inc. (Matula, Michael) (Entered: 06/03/2004)

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06/07/2004 06/10/2004 06/15/2004
06/17/2004 06/22/2004 06/22/2004 06/22/2004 06/22/2004 06/25/2004
06/29/2004 06/30/2004 07/13/2004
07/13/2004

67 CERTIFICATE OF SERVICE by Holly Dawson for Rule 26 Initial Disclosures (Davis, Brett) (Entered: 06/07/2004)
68 Certificate of Service of GMRI's Response to 2nd Request for Production (Matula, Michael) Text modified on 6/14/2004 (ck). (Entered: 06/10/2004)
69 AMENDED SCHEDULING ORDER granting 65 Motion to Amend Scheduling Order. Discovery deadline 7/31/2004. Dispositive motion deadline set for 8/26/2004. Proposed Pretrial Order due by 8/5/2004. Final Pretrial Conference set for 8/12/2004 at 11:00 AM before Magistrate Judge David J. Waxse. Jury Trial remains set for 1/4/2005 at 09:30 AM before District Judge Kathryn H. Vratil. Signed by Magistrate Judge David J. Waxse on 6/15/2004.(jm) (Modified on 6/15/2004 to clarify the document title in docket text. (mg)) (Entered: 06/15/2004)
70 CERTIFICATE OF SERVICE by Holly Dawson for First Request for Production of Documents to Defendant (Davis, Brett) (Entered: 06/17/2004)
71 CERTIFICATE OF SERVICE by Holly Dawson for Responses to First Interrogatories Nos. 1-19 and First Request for Production of Documents Nos. 1-14 (Davis, Brett) (Entered: 06/22/2004)
72 CERTIFICATE OF SERVICE by Holly Dawson for Responses to Second Interrogatories and Second Request for Production of Documents (Davis, Brett) (Entered: 06/22/2004)
73 CERTIFICATE OF SERVICE by Holly Dawson for Final Rule 26 Disclosures (Davis, Brett) (Entered: 06/22/2004)
74 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Answers and Objections to Defendant's Second Set of Requests for Production to Plaintiff (Taylor, Andrea) (Entered: 06/22/2004)
75 CERTIFICATE OF SERVICE by GMRI, Inc. of Defendants' First Requests for Admissions to Plaintiff EEOC, Defendant's Second Interrogatories to Plaintiff EEOC, Defendant's Third Interrogatories to Plaintiff Holly Dawson and Defendants Requests for Admissions to Plaintiff Holly Dawson. (Matula, Michael) (Entered: 06/25/2004)
76 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Final Rule 26 Disclosures (Taylor, Andrea) (Entered: 06/29/2004)
77 CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission. (Taylor, Andrea) (Entered: 06/30/2004)
ORDER continuing Final Pretrial Conference. Upon oral motion of Plaintiff Equal Employment Opportunity Commission, and without opposition of any party, the pretrial conference presently scheduled for August 12, 2004 is hereby reset to August 17 at 3:30 p.m. Defendant shall submit the parties' joint proposed pretrial order on or before August 10, 2004. Entered by Magistrate Judge David J. Waxse on 7/13/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jm) (Entered: 07/13/2004)
78 CERTIFICATE OF SERVICE by GMRI, Inc. Certificate of Service of Defendant's Third Supplemental Rule 26(a)(1) Disclosures (Matula, Michael)

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07/21/2004 07/21/2004 07/29/2004 07/29/2004 07/30/2004 08/17/2004 08/19/2004
09/21/2004
10/01/2004

(Entered: 07/13/2004)
79 MOTION to Compel Discovery of Financial Records by Defendant GMRI, Inc. (Matula, Michael) (Entered: 07/21/2004)
80 MEMORANDUM IN SUPPORT of 79 MOTION to Compel Discovery of Financial Records by Defendant GMRI, Inc. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11)(Matula, Michael) (Entered: 07/21/2004)
81 NOTICE by Defendant GMRI, Inc. of taking deposition of Ronnie Hernandez on August 5, 2004 (Matula, Michael) (Entered: 07/29/2004)
82 NOTICE by Defendant GMRI, Inc. of taking deposition of Kristin Feeback on August 19, 2004 (Matula, Michael) (Entered: 07/29/2004)
83 CERTIFICATE OF SERVICE by GMRI, Inc. GMRI's Responses to Dawson's First Request for Production of Documents (Matula, Michael) (Entered: 07/30/2004)
84 Minute Entry for proceedings held before Magistrate Judge David J. Waxse : The Final Pretrial Conference scheduled for 8/17/2004 was converted to a telephone status conference and was held on 8/17/2004. Order to follow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Harmon) (Entered: 08/19/2004)
85 AMENDED SCHEDULING ORDER from Scheduling Conference held before Judge David J. Waxse on 8/17/2004. Dispositive motion deadline set for 9/27/2004. Proposed Pretrial Order due by 9/14/2004. Final Pretrial Conference set for 9/17/2004 at 10:00 AM before Magistrate Judge David J. Waxse. Jury Trial remains set for 1/4/2005 at 09:30 AM before District Judge Kathryn H. Vratil. Signed by Magistrate Judge David J. Waxse on 8/19/2004.(jm) (Entered: 08/19/2004)
86 ORDER denying without prejudice 79 Defendant's Motion to Compel Discovery of Financial Records. The parties have informed the Court that the case is settled and that they are in the process of finalizing the settlement agreement. Accordingly, the pretrial conference that was scheduled for September 17, 2004 was cancelled. In addition, the Court hereby denies Defendant's Motion to Compel Discovery of Financial Records (doc. 79) without prejudice to its refiling in the event the case does not ultimately settle. Entered by Magistrate Judge David J. Waxse on 9/21/2004.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jm) (Entered: 09/21/2004)
87 CONSENT DECREE - Terminating Case. Signed by Judge Kathryn H. Vratil on 10/01/2004. (Attachments: # 1 Exhibit)(ls) Text of entry modified on 10/4/2004 (ck). (Entered: 10/01/2004)

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