Case 1:03-cv-00900-WLO Document 1 Filed 09/22/2003 Page 1 of 5
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLIN
GREENSBORO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

GREENSBORO FITNESS, L.L.C.,

)

d/b/a GOLD'S GYM

)

)

Defendant.

)

)

CIVIL ACTION NO.
1~03CV00900
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, female, and to provide appropriate relief to employees who were adversely affected by such practices. The Commission alleges that Defendant, Greensboro Fitness, L.L.c. d/b/a Gold's Gym, discriminated against Latrisha Asante, Julie Midkiff and other similarly situated female employees, by subjecting them to sexual harassment.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 V.S.c. §§ 451,1331, 1337, l343 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 Middle District of North Carolina.

Case 1:03-cv-00900-WLO Document 1 Filed 09/22/2003 Page 2 of 5
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 of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(l) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Greensboro Fitness, L.L.c. d/b/a Gold's Gym has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Greensboro and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Greensboro Fitness, L.L.C. d/b/a Gold's Gym has continuously been an employer engaged in an industry affecting commerce under 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, Latrisha Asante and Julie Midkiff filed charges with the Commission alleging violations of Title VII by Greensboro Fitness, L.L.C. d/b/a Gold's Gym. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October 2001 to December 2001, Defendant Greensboro Fitness, L.L.c. d/b/a Gold's Gym engaged in unlawful employment practices at two of its facilities located in Greensboro North Carolina, in violation of Section 703 (a) (1) of Title VII, 42 U.S.C. § 2000e-2 (a) (1). Specifically, Defendant subjected Latrisha Asante, Julie Midkiff and other similarly situated female employees to discrimination based on their sex by subjecting them to a sexually hostile work environment. The sexual harassment included repeated unwelcome sexual
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comments by one of Defendant's managers, who had supervisory authority over female employees, including Latrisha Asante and Julie Midkiff.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Latrisha Asante, Julie Midkiff and other similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
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 Latrisha Asante, Julie Midkiff and other similarly situated female employees.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Greensboro Fitness, L.L.C. d/b/a Gold's Gym, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment or any other employment practice that discriminates on the basis of sex. B. Order Defendant Greensboro Fitness, L.L.C. d/b/a Gold's Gym to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Greensboro Fitness, L.L.C. d/b/a Gold's Gym to make whole Latrisha Asante, Julie Midkiff and other similarly situated female employees by providing
3

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compensation for past and future pecuniary losses resulting from the unlawful employment

practices described in paragraph 7 above, including medical expenses, in amounts to be

determined at trial.

D. Order Defendant Greensboro Fitness, L.L.c. d/b/a Gold's Gym to make whole

Latrisha Asante, Julie Midkiff and other similarly situated female employees by providing

compensation for past and future non~pecuniary losses resulting from the unlawful practices

described in paragraph 7 above, including but not limited to emotional pain, suffering,

inconvenience, loss of enjoyment of life, humiliation, loss of self-esteem and loss of civil rights,

in amounts to be determined at trial.

E. Order Defendant Greensboro Fitness, L.L.C. d/b/a Gold's Gym to pay Latrisha

Asante, Julie Midkiff and other similarly situated female employees punitive damages for its

malicious and reckless conduct, as described in paragraph 7 above, in amounts to be determined

at trial.

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

interest.

G. 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.

~ay DATED this

of September, 2003.

Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF

ERIC S. DREIBAND General Counsel

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JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L Street, N.W. Wash' gto, C 20507
Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
RITHCOHEN Trial Attorney Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 Telephone: (919) 856-4148
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 Case 1:03-cv-00900-WLO Document 13 Filed 08/16/2004 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and LATRISHA ASANTE, JULIE MIDKIFF, Plaintiff-Intervenors
v.
GREENSBORO FITNESS, LLC, dlbla GOLD'S GYM,
Defendant.

1:03CV00900

OSTEEN, District Judge

JUDGMENT

This matter was heard on the issue of damages on August 10, 2004. Based on ,the evidence presented of the intentional discrimination of Defendant in subjecting Plaintiff-Intervenors to a sexually hostile work environment, the court concludes that they are each entitled to recover compensatory damages in the amount of $15,000.00. Moreover, because Plaintiffs have shown that Defendant engaged in these practices with reckless indifference to their federally protected rights, each Plaintif Intervenor is entitled to recover punitive damages in the amount

Case 1:03-cv-00900-WLO Document 13 Filed 08/16/2004 Page 2 of 2

of $35,000.00. Finally, each Plaintiff-Intervenor is entitled to

recover attorneys s of $1,750.00.

IT IS ORDERED AND ADJUDGED that Plaintif Intervenor

Latrisha Asante have and recover of Defendant the sum of FIFTY

THOUSAND DOLLARS ($50,000.00) in compensatory and punit

damages and ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($1,750.00)

in attorney's fees.

IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff-Intervenor

Julie Midkiff have and recover of Defendant the sum of FIFTY

THOUSAND DOLLARS ($50,000.00) in compensatory and punitive

damages and ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($1,750.00)

in attorney's fees.

Ire This the

day of 1Ru~ 2004.

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18BA, CLOSED
U.S. District Court North Carolina Middle District (Durham) CIVIL DOCKET FOR CASE #: 1:03-cv-00900-WLO

EEOC v. GREENSBORO FITNESS Assigned to: JUDGE WILLIAM L. OSTEEN Demand: $0 Cause: 42:2000 Unlawful Employment Practices

Date Filed: 09/22/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by BOBBY C. SIMPSON EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6887 LEAD ATTORNEY ATTORNEY TO BE NOTICED

ERIC S. DREIBAND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED

GWENDOLYN YOUNG REAMS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L ST., N.W. WASHINGTON, DC 20507 202-263-4771 LEAD ATTORNEY ATTORNEY TO BE NOTICED

KERITH COHEN EQUAL EMPLOYMENT OPPORTUNITY COMM. 1309 ANNAPOLIS DR. RALEIGH, NC 27608-2129 919-856-4148 Fax: 919-856-4156 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff LATRISHA ASANTE
Plaintiff JULIE MIDKIFF
V. Defendant GREENSBORO FITNESS, L.L.C. doing business as GOLD'S GYM

LYNETTE A. BARNES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. TRADE ST., STE. 400 CHARLOTTE, NC 28202 704-344-6878 Fax: 704-344-6780 Email: lynette.barnes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by WILLIAM L. HILL MOSS MASON & HILL POB 9597 GREENSBORO, NC 27429 336-370-1282 Fax: 336-271-6838 Email: whill@mossmasonandhill.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by WILLIAM L. HILL (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/22/2003
09/22/2003 10/01/2003
10/27/2003
10/29/2003

#

Docket Text

**Case assigned to Magistrate Judge Sharp. AO Code 18BA (N. Dickerson) (Entered: 09/23/2003)

1 COMPLAINT; jury demand (N. Dickerson) (Entered: 09/23/2003)

2 MOTION by LATRISHA ASANTE, JULIE MIDKIFF to Intervene as party plaintiff's . (L. Simmonds) (Entered: 10/01/2003)

Motion(s) referred: [2-1] motion to Intervene as party plaintiff's referred to MAG/JUDGE P. T. SHARP (R. Winchester) (Entered: 10/27/2003)

3 ORDER granting [2-1] motion to Intervene as party plaintiff's signed by

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12/08/2003 01/16/2004 01/22/2004 01/27/2004
03/08/2004 04/01/2004 04/09/2004 04/16/2004
04/16/2004
04/23/2004
05/19/2004 06/14/2004
07/09/2004

MAG/JUDGE P. T. SHARP Ccs dist. [EOD Date 10/29/03] (J. Wilson) (Entered: 10/29/2003)
4 SUMMONS issued for GREENSBORO FITNESS to Ted Sampson, Registered Agent. (N. Dickerson) (Entered: 12/08/2003)
5 MOTION by LATRISHA ASANTE, JULIE MIDKIFF to Extend Time until 2/27/04 to serve deft with complaint and summons (J. Wilson) (Entered: 01/16/2004)
Motion(s) referred: [5-1] motion to Extend Time until 2/27/04 to serve deft with complaint and summons referred to MAG/JUDGE P. T. SHARP (R. Winchester) (Entered: 01/22/2004)
6 ORDER signed by MAG/JUDGE P. T. SHARP that Plaintiff, EEOC will have until February 27, 2004 to serve Defendant with the Complaint and summons in this action. Ccs dist [EOD Date 1/28/04] (L. Simmonds) (Entered: 01/28/2004)
7 AFFIDAVIT of Kerith Cohen Re: Service (N. Dickerson) (Entered: 03/08/2004)
8 MOTION by EEOC for Default Judgment against GREENSBORO FITNESS (L. Simmonds) (Entered: 04/05/2004)
9 MOTION by EEOC for Entry of Default as to GREENSBORO FITNESS for failure to appear, plead, or otherwise defend this action . (L. Simmonds) (Entered: 04/12/2004)
10 CLERK'S ENTRY OF DEFAULT as to GREENSBORO FITNESS granting [9-1] motion for Entry of Default as to GREENSBORO FITNESS for failure to appear, plead, or otherwise defend this action. (L. Simmonds) Modified on 04/16/2004 (Entered: 04/16/2004)
Copy of Pldg # 10 mailed to defendant Greensboro Fitness, LLC, d/b/a Gold's Gym c/o Ted Sampson, Registered Agent 3201-109 Edward Mill Rd., Raleigh NC 27613 (L. Simmonds) Modified on 04/16/2004 (Entered: 04/16/2004)
Document returned undeliverable as to Defendant, Greensboro, Fitness, LLC, d/b/a Golds's Gym mail not deliverable as addressed unable to forward return to sender. Re: [10-1] Clerk's Entry of Default (L. Simmonds) (Entered: 06/02/2004)
Motion submission: [8-1] motion for Default Judgment against GREENSBORO FITNESS submitted to Judge Osteen (R. Winchester) (Entered: 05/19/2004)
11 ORDER signed by JUDGE WILLIAM L. OSTEEN that Plaintiff EEOC's Motion for Default Judgment, including a request for a hearing on damages is, GRANTED. Ccs. dist. [EOD Date 6/15/04] (L. Simmonds) (Entered: 06/15/2004)
12 NOTICE of Hearing: Set Status Conference for 10:30 8/10/04 in

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08/10/2004 08/16/2004
08/16/2004 08/16/2004

GREENSBORO #1 COURTROOM Re: Damages ( before JUDGE WILLIAM L. OSTEEN ) (R. Winchester) (Entered: 07/09/2004)
Status Conference regarding damages held before JUDGE WILLIAM L. OSTEEN in Gso. Mary Jo Beck, Court Reporter. Written order forthcoming. (See exhibit and witness list) (R. Winchester) Modified on 09/01/2004 (Entered: 08/10/2004)
13 JUDGMENT (signed by JUDGE WILLIAM L. OSTEEN) This matter was heard on the issue of damages on 8/10/04. Based on the evidence presented it is ordered that Plaintiff-Intervenor Latrisha Asante have and recover of defendant the sum of $50,000.00 in compensatory and punitive damages and $1,750.00 in attorney's fees. Further ordered that Plaintiff-Intervenor Julie Midkiff have and recover of defendant the sum of $50,000.00 in compensatory and punitive damages and $1,750.00 in attorney's fees. Ccs. dist. [EOD Date 8/16/04] (C. Gammon) (Entered: 08/16/2004)
CASE NO LONGER REFERRED to Judge. (C. Gammon) (Entered: 08/16/2004)
CASE CLOSED. Closing Code 5 (C. Gammon) (Entered: 08/16/2004)

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