e
:A\'JS·srER,;;rSlLJIE~IfJPrJI8Pg~~A
2DOS JAN 2 1 PH 2: 0 I
L0fl Er IA G. Vif/ YTE
CLERK ~

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ADVANCE AUTO PARTS, INC.

)

}

)

)

Defendant.

)

-------------------------------- )

NATURE OF THE ACTION

COIlVl.lr.' rA: .'. D~.. J\
\V)~",

';"J,1".~\. '';,

JURY TRIAL DEMAND

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 ofsex and retaliation, and

to provide appropriate relief to Ms. Sarah Harris. The Commission alleges that Ms. Harris was

sexually harassed by Steve Bridges, her immediate supervisor, and Demond Royal, an assistant

manager in training. Ms. Harris complained about the behavior ofboth men to Defendant's Human

Resources Department. The Commission further alleges that in retaliation for filing the sexual

- 1-
~~ss.5 ~
lOktd _ CtlltmOe (
_ Doc. No --+-~-

harassment complaint, the Respondent transferred Ms. Harris to a less desirable work location. The Commission's allegations are discussed in greater particularity in paragraph 7 below.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 US.c. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 US.c. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 US.C. Section 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Louisiana.
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 US.C. Section 20003-5(f)(1) and (3). 4. At all relevant times, Defendant, Advance Auto Parts, Inc. (the "Employer" or "Defendant"), has continuously been a Virginia corporation doing business in the State ofLouisiana and the City of New Orleans, 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).
-2 -

STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ms. Sarah Harris filed a charge with the Commission alleging violations of Title VII by the Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August of 2000, Defendant has engaged in unlawful employment practices in New Orleans, LA, in violation of Section 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and §2000e-3(a). Specifically: A. Ms. Harris was was sexually harassed by her immediate supervisor, Steve
Bridges, and by Demond Royal, a subordinate employee of Bridges. Said harassment included but is not limited to inappropriate sexual statements, requests for dates, offers of money in exchange for sexual favors, and inappropriate and unwarranted touching. B. Ms. Harris complained about the behavior of both men to Diane Kimbrel. Human Resources Director. As a result of her complaints, the Defendant transferred Ms. Harris to a less desirable work location.
8. The effects ofthe practices complained of in paragraph 7 above have been to deprive Ms. Harris 0 f equal employment opportunities and to otherwise adversely affect her status as employees, because of sex and opposition to practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 were done with malice or with reckless indifference to the federally protected rights of Ms. Harris.
-3 -

PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, ~md all persons in active concert or participation with it, from engaging in sexual harassment, retaliation, and any other employment practice which discriminate on the basis ofsex and retaliation. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and for employees who participate or oppose unlawful employment practices and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Ms. Harris by providing appropriate back pay 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 compensatory and punitive damages. D. Order Defendant Employer to make whole Ms. Harris by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7, including but not limited to job search expenses in amounts to be determined at trial. E. Order Defendant Employer to make whole Ms. Harris by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofin 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 Ms. Harris punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
- 4-

G. interest.
H.

Grant such further relief as the Court deems necessary and proper in the public 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.
ERIC S. DREIBAND General Counsel No Bar Roll Number Assigned JAMES L.LEE Deputy General Counsel No Bar Roll Number Assigned
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned

Regional Attorney E.D. Bar Roll No. 15200000 MICHELLE T. BUTLER Supervisory Trial Attorney Bar Roll No. 1286

-5 -

REGISTERED AGENT FOR SERVICE OF PROCESS:
Eric M. Margolian 5673 Airport Road Roanoke, VA 24012

.
Senior Trial Attorney La. Bar Roll No. 20890 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Tel: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) (504) 589-2663 (luge) Fax: (504) 589-2805
COUNSEL FOR PLAINTIFF, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

-6 -

 
 'u.s.

'nLED DISTRICT

COURT

UNITED STATES DISTRICT ~RijN DISTRICT OF LA

EASTERN DISTRICT OF LOUISIANA
2005 MAR 16 PH 12: 09

*

*

EQUAL EMPLOYMENT

*

OPPORTUNITY COMMISSION,

*

Plaintiff

*

*

and

*

SARAH HARRIS

*

Intervener

*

VS.

*

*

ADVANCE AUTO PARTS, INC.

*

Defendant

*

*

* * * * * * * * * * * * * * * * * * * * * * * * *

lOi\ETTA G. WHYTE
CIVIL ACTIeW:IG6. 05-0173
SECTION: S
MAGISTRATE: 5

COMPLAINT IN INTERVENTION

The above-named intervener, by leave of court first had and obtained, files this

complaint of intervention against the above-named defendant, and says:

PARTIES, JURISDICTION AND VENUE

1.

Equal Employment Opportunity Commission, the original plaintiff filed the

complaint on January 21, 2005, against Advance Auto Parts, Inc. to correct unlawful

employment practices on the basis of sex and retaliation, and to provide appropriate relief

to Sarah Harris.

2.

Advance Auto Parts, the original defendant, filed an answer in the original action

on March 8, 2005, denying that it has engaged in any unlawful actions and further

denying that Equal Employment Opportunity Commission is entitled to any relief

_Fee_----
_ Process ____
.1l Dktd_----fok........--:,....<
_CtRmOep ~ _ Doc. No. ____

requested or that Advance Auto Parts, Inc. is liable to Equal Opportunity Commission for any reason whatsoever.
3. In its answer, defendant admitted that the Court has jurisdiction over properly brought Title VII actions and that this case is in the proper venue.
4. Sarah Harris, the intervener, is a person of the full age of majority and a resident of the Parish of St. Bernard, State of Louisiana.
FACTS 5.
Intervener commenced employment with defendant in September 2000 and was discharged on February 27, 2003.
6. At the time of her termination, intervener was employed as an Inventory Specialist.
7.
Prior to her termination, intervener's immediate supervisor and defendant's store manager Steve Bridges, and Demond Royal, a subordinate of Bridges sexually harassed the intervener. Said harassment included but was not limited to inappropriate sexual statements, requests for dates, offers of money in exchange for sexual favors, and inappropriate and unwarranted touching of a sexual nature.
2

8. Intervener complained about the behavior of both supervisors to Diane Kimbrel, Human Resources Director. As a result of her complaints, the defendant transferred intervener to a less desirable work location.
9. On or about January 23, 2003, intervener filed a charge with the Equal Employment Opportunity Commission based upon sex and retaliation.
10. By letter dated February 27, 2003, defendant terminated intervener's employment in retaliation for complaining of sexual harassment and for filing her charge with the Equal Employment Opportunity Commission.
11. Shortly after receiving notice of her termination, and while her EEOC charge was pending, intervener returned to the Equal Employment Opportunity Commission to report her retaliatory discharge by defendant. She relied upon the Equal Employment Opportunity's investigation charge processing knowledge and guidance, and ultimately the Equal Employment Opportunity Commission further determined that her February 27,2003 discharge was retaliatory under Title VII.
First Cause of Action 12.
Defendant has engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, by fostering a hostile work environment and failing to
3

adequately address and remedy acts of sexual harassment by its store manager and assistant store manager.
Second Cause of Action
13.
Intervener incorporates by reference as if realleged paragraphs 1 though 12. 14.
Because the complaints of sexual harassment to defendant were a motivating factor and made a difference in the decision to transfer her, the defendant violated Title VII of the Civil Rights Act of 1964, as amended with knowing or reckless disregard of that Act's proscriptions.
Third Cause of Action 15.
Intervener incorporates by reference as if realleged paragraphs 1 though 14. 16.
Because the complaints of sexual harassment to defendant and her complaints of sexual harassment and retaliatory transfer to the Equal Employment Opportunity Commission were a motivating factor and made a difference in the decision to discharge her, the defendant violated Title VII of the Civil Rights Act of 1964, as amended with knowing or reckless disregard of that Act's proscriptions.
Prayer for Relief 17.
Wherefore, Intervener Sarah Harris prays that this Court:
4

a. restore her to her rightful place as an employee of the defendant or in lieu of reinstatement, order front pay and benefits;
b. award her back pay and benefits up to the date of reinstatement or front pay and benefits accrual;
c. award her compensatory damages for the following: 1. Humiliation and embarrassment; ii. Mental anguish;
iii. Pain and suffering d. Punitive damages as provided by law for the willful violation of intervener's
rights and/or the reckless disregard for the intervener's rights. e. award her costs and attorney's fees from date of demand; and f. grant such other relief as it may deem just and proper.
Jury Demand 25.
Intervener Sarah Harris demands a trial by jury.
, Suite 200 New Orleans, Louisiana 70130 Telephone: (504) 524-5555 Fax: (504) 524-0912
COUNSEL FOR INTERVENER
SARAH HARRIS
5

· ,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

*

*

EQUAL EMPLOYMENT

*

OPPORTUNITY COMMISSION,

*

Plaintiff

*

*

and

*

SARAH HARRIS

*

Intervener

*

VS.

*

*

ADVANCE AUTO PARTS, INC.

*

Defendant

*

*
* * * * * * * * * * * * * * * * * * * * * * * * *

CIVIL ACTION NO. 05-0173 SECTION: S MAGISTRATE: 5

CERTIFICATE OF SERVICE

I hereby certify that copies of the above and foregoing Motion to Intervene and

Complaint in Intervention have been served via First Class United States Mail to:

Gregory T. Juge U.S. EEOC
New Orleans District Office 701 Loyola Avenue, Ste. 600 New Orleans, Louisiana 70113

And

Keith M. Pyburn, Jr. Fisher & Phillips, LLP 201 St. Charles Avenue, Ste. 3710 New Orleans, Louisiana 70170

this 15th day of March, 2005

6

 
 U.S. DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FILED MAY - 9 2005

LORETTA G. WHYTE
CLERK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff versus
ADVANCE AUTO PARTS, INC. Defendant

§ CIVIL ACTION: 05-173

§ SECTION:

S

§ JUDGE:

VIAL LEMMON

§ § JURY TRIAL DEMANDED

§

§ §

MAG. NUMBER: MAGISTRATE:

5 CHASEZ

EEOC'S FIRST AMENDED COMPLAINT 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 ofsex and retaliation, and to provide appropriate relief to Ms. Sarah Harris. The Commission alleges that Ms. Harris was sexually harassed by Steve Bridges, her immediate supervisor, and Demond Royal, an assistant manager in train ing. Ms. Harris complained about the behavior ofboth men to Defendant's Human Resources Department. The Commission further alleges that in retaliation for filing the sexual harassment complaint, the Respondent transferred Ms. Harris to a less desirable work location. The Commission's allegations are discussed in greater particularity in paragraph 7 below.
- 1-

The purpose of the filing of this First Amended Complaint is to correctly identifY the title of the Defendant corporation. Defendant has informed Plaintiff that its correct title is Advance Stores Company, Inc. Plaintiff initially identified Defendant in its original Complaint as Advance Auto Parts, Inc. Defendant has disclosed that Advance Auto Parts, Inc. owns 100% ofthe stock of Advance Stores Company, Inc. Defendant has not disputed that it was the employer ofSarah Harris within the meaning of Title VII of the Civil Rights Act of 1964 and has not disputed jurisdiction. However, the EEOC is filing this First Amended Complaint for the sake of technical accuracy in regard to the corporate title of Defendant.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuantto 28 US.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII ofthe Civil Rights Act of 1964, as amended, 42 US.c. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.s.C. Section 1981a.. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Louisiana.
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 US.C. Section 20003-5(f)(1) and (3). 4. At all relevant times, Defendant, Advance Stores Company, Inc. (the "Employer" or "Defendant"), 100% ofthe stock ofwhich corporation is owned by Advance Auto Parts, Inc., has
-2 -

continuously been a Virginia corporation doing business in the State of Louisiana and the City of New Orleans, 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).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ms. Sarah Harris filed a charge with the Commission alleging violations of Title VII by the Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August of 2000, Defendant has engaged in unlawful employment practices in New Orleans, LA, in violation of Section 703(a) and 704(a) of Title VII, 42 U.S.c. § 2000e-2(a) and §2000e-3(a). Specifically: A. While an employee of Defendant, Ms. Harris was was sexually harassed by
her immediate supervisor, Steve Bridges, and by Demond Royal, a subordinate employee of Bridges. Said harassment included but is not limited to inappropriate sexual statements, requests for dates, offers of money in exchange for sexual favors, and inappropriate and unwarranted touching. B. Ms. Harris complained about the behavior of both men to Diana Kimbrel, Human Resources Director. As a result of her complaints, the Defendant transferred Ms. Harris to a less desirable work location.
8. The effects ofthe practices complained of in paragraph 7 above have been to deprive Ms. Harris of equal employment opportunities and to otherwise adversely affect her status as employees, because of sex and opposition to practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
-3 -

9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 were done with malice or with reckless indifference to the federally protected rights of Ms. Harris.
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, retaliation, and any other employment practice which discriminate on the basis of sex and retaliation .. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and for employees who pmiicipate or oppose unlawful employment practices and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Ms. Harris by providing appropriate back pay 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 compensatory and punitive damages. D. Order Defendant Employer to make whole Ms. Harris by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7, including but not limited to job search expenses in amounts to be determined at trial.
-4-

E. Order Defendant Employer to make whole Ms. Harris 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 oflife and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Ms. Harris 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.
ERIC S. DREmAND General Counsel No Bar Roll Number Assigned JAMESL.LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned KEITH T. lULL Regional Attorney E.D. Bar Roll No. 15200000
-5-

1~j/J0~
MICHELLE T. BUTLER Supervisory Trial Attorney Bar Roll No. 1286
GE( Senior Trial Attorney La. Bar Roll No. 20890 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Tel: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) (504) 589-2663 (Juge) Fax: (504) 589-2805 COUNSEL FOR PLAINTIFF, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CERTIFICATE OF SERVICE I hereby certify that I have served a copy ofthe foregoing on counsel ofrecord for all parties, via United States mail postage prepaid, express delivery, facsimile transmission, hand delivery, and/or email transmission. SIGNED: May 6,2005
-6-

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff versus
ADVA1~CE AUTO PARTS, INC. Defendant

§ CIVIL ACTION: 05-173

§ SECTION:

S

§ JUDGE:

VIAL LEMMON

§ § JURY TRIAL DEMANDED

§

§ §

MAG. NUMBER: MAGISTRATE:

5 CHASEZ

LOCAL RULE 7.6E CERTIFICATE
Plaintiff, the United States Equal Employment Opportunity Commission, has consulted with
Defendant concerning Plaintiffs Motion to File First Amended Complaint. Defendant advised that
it has no objection to the Motion.
ERIC S. DREmAND General Counsel No Bar Roll Number Assigned JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned

- 1-

KEITH T. HILL Regional Attorney E.D. Bar Roll No. 15200000 MICHELLE T. BUTLER Supervisory Trial Attorney Bar Roll No. 1286
G Senior Trial Attorney La. Bar Roll No. 20890 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Tel: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) (504) 589-2663 (luge) Fax: (504) 589-2805
COUNSEL FOR PLAINTIFF, U.S. EQUAL EMPLOYM~NT OPPORTUNITY COMMISSION
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy ofthe foregoing on counsel ofrecord for all
parties, via United States mail postage prepaid, express delivery, facsimile transmission, hand
delivery, and/or email transmission.
SIGNED: May 6, 2005
-2-

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
VERSUS
ADVANCE AUTO PARTS, INC.

CIVIL ACTION
NO: 05-0173 SECTION: "S" (5)

ORDER AND REASONS IT IS HEREBY ORDERED that Defendant, Advance Auto Parts, Inc.’s Motion for Summary Judgment is DENIED. (Document #64). Sarah Harris’ cause of action for retaliatory discharge is properly before the court based on ancillary jurisdiction growing out of the administrative charges. Gupta v. East Texas State University, 654 F.2d 411 (5th Cir. 1981). As to all other issues raised in Defendant’s Motion for Summary Judgment, disputed issues of material fact make summary judgment inappropriate. Plaintiff, Equal Employment Opportunity Commission’s Motion for Partial Summary Judgment is DENIED. (Document #69). Disputed issues of material fact make summary judgment

inappropriate.
New Orleans, Louisiana, this _2_8_t_h_ day of August, 2006.
____________________________________ MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE
2

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff versus
ADVANCE AUTO PARTS, INC. Defendant

§ CIVIL ACTION: 05-173

§ SECTION:

S

§ JUDGE:

VIAL LEMMON

§ § JURY TRIAL DEMANDED

§

§ MAG. NUMBER:
§ MAGISTRATE:

5 CHASEZ

CONSENT DECREE WHEREAS, the United States Equal Employment Opportunity Commission (“the Commission” or “EEOC”) has instituted the captioned civil action in this the United States District Court for the Eastern District of Louisiana, charging Advance Stores Company, Inc. (“Advance” or “Defendant”), with violations of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), and alleging that Defendant discriminated and retaliated against Sarah Harris (“Ms. Harris”); WHEREAS, Defendant has not admitted and does not admit that it has engaged in any unlawful employment practices; and WHEREAS, this Court has jurisdiction over the subject matter of this action and over the parties to this action; and

- 1 -

WHEREAS, Defendant and the Commission have agreed to settle this matter for the relief specified in this Consent Decree (sometimes referred to hereinafter as “this Decree”); and
WHEREAS, the parties to this lawsuit now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation;
Therefore, it is ORDERED, ADJUDGED, AND DECREED that: 1. The negotiation, execution, and entry of this Consent Decree will resolve any and all claims of Title VII violations brought by the Commission against Defendant alleged in the instant civil action. 2. The purposes of Title VII will be furthered by the entry of this Decree, the terms of which constitute a fair and equitable settlement. 3. Neither the negotiation, nor the execution, nor the entry of this Consent Decree shall constitute (a) an acknowledgment or admission of any kind by Defendant that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order, or (b) evidence of discrimination in these proceedings. 4. This Consent Decree relates only to the violations alleged in EEOC Charge Number 270-2003-00683 and the instant civil action. EEOC reserves all rights to proceed with respect to matters not covered in this Consent Decree and to secure relief on behalf of aggrieved persons not covered by the terms of this Consent Decree. 5. Within ten (10) days of the entry of this Consent Decree by the Court, Defendant shall pay to Ms. Harris, via her counsel in this action, Jay Alan Ginsberg, the sum of $75,000.00 (seventy-five thousand dollars). Defendant may condition this payment to Ms. Harris on her executing a settlement agreement releasing her claims arising from the events and/or omissions that are the subject of this lawsuit.
- 2 -

6. Defendant, its directors, officers, agents, employees, successors, and assigns shall not engage in or permit discrimination in the workplace against any applicant for employment or employee based upon such persons’ sex, as complained of in the instant civil action. Defendant further agrees and promises that it shall not retaliate in any way against any person who has participated in any manner in the investigations of this matter by the Commission and by Defendant, respectively. The scope of this paragraph of the Decree is the State of Louisiana, where the discrimination in this matter is alleged to have occurred.
7. Defendant agrees to provide the Commission with three written reports, at six month intervals beginning six months after the entry of this Decree by the Court. The reports shall set forth all complaints of harassment at the subject facility on St. Claude Avenue, New Orleans, Louisiana, and an explanation of the investigation and disposition of such complaints. The reports shall also attach all documentation pertaining to each complaint, its investigation, and its disposition.
Defendant shall send the reports to: Gregory T. Juge, Senior Trial Attorney, U.S. EEOC, New Orleans Field Office, 1555 Poydras Street, Suite 1900, New Orleans, Louisiana, 70112, with a copy to Jim Sacher, Regional Attorney, U.S. EEOC, Houston District Office, Mickey Leeland Federal Building, 1919 Smith Street, Houston, Texas 77002-8049.
8. Defendant agrees, and certifies that it has put into place mechanisms sufficient to ensure, that it will never rehire Steve Bridges or Demond Royal to work for it in any capacity.
9. Defendant agrees that all of its supervisory and managerial employees shall, within one year from the date of the entry of this Decree, undergo training regarding the laws enforced by the EEOC concerning sexual harassment and retaliation. Defendant shall provide counsel for the EEOC a certification that the required training has been completed, within 30 days of said
- 3 -

completion. The scope of this paragraph of the Decree is the State of Louisiana, where the discrimination in this matter is alleged to have occurred.
10. Defendant shall, within one year from the entry of this Decree, review its policies concerning sexual harassment and retaliation made unlawful by Title VII, to determine if any changes are warranted and, if so, to make such changes. Defendant shall provide counsel for the EEOC a certification of compliance with this requirement, within 30 days of said compliance.
11. In the event that Defendant fails to perform its obligations herein, Plaintiff EEOC is empowered to enforce this Consent Decree through the applicable judicial enforcement procedures and to seek sanctions which may be due as a result of the need to enforce this Decree.
12. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Decree.
13. This Decree sets forth the entire agreement between the Commission and Defendant as to the captioned lawsuit, and fully supersedes any and all prior agreements or understandings between the Commission and Defendant pertaining to the subject matter herein.
14. The Commission and the Defendant will bear their own attorney’s fees and costs incurred in connection with the litigation of this case.
15. This Decree shall remain in effect for eighteen months from the date of its entry. The Commission shall have six months from the end of that eighteen-month period to commence enforcement actions relative to any violation hereof by Defendant.
16. The Court shall retain jurisdiction of this action for purposes of enforcing this Decree, as appropriate.
- 4 -

IT IS SO ORDERED.
THUS DONE AND SIGNED, New Orleans, Louisiana, this 1_3__th__ day of _____N__o_v_e_m__b_e_r____, 2006.
________________________________________ UNITED STATES DISTRICT JUDGE
- 5 -

APPROVED AS TO FORM AND CONTENT:

FOR THE PLAINTIFF:

RONALD S. COOPER General Counsel No Bar Roll Number Assigned JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned JIM SACHER Regional Attorney La. Bar Roll Number 14888 Equal Employment Opportunity Commission Houston District Office Mickey Leeland Federal Building 1919 Smith Street Houston, Texas 77002-8049 Direct Line: (713) 209-3398

November 9, 2006 Date

/s/ Gregory T. Juge GREGORY T. JUGE (T.A.) Senior Trial Attorney La. Bar Roll No. 20890 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office 1555 Poydras Street Suite 1900 New Orleans, LA 70112 Tel: (504) 595-2825 (Main #)
(504) 595-2877 (Juge) Fax: (504) 589-6861 or 595-2886 COUNSEL FOR PLAINTIFF, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

- 6 -

FOR THE INTERVENOR: November 9, 2006 Date
FOR THE DEFENDANT: November 9, 2006 Date

/s/ Jay Alan Ginsberg JAY ALAN GINSBERG (T.A.) La. Bar No. 01376 715 Girod Street, Suite 200 New Orleans, Louisiana 70130 Telephone: (504) 524-5555 Fax: (504) 524-0912 COUNSEL FOR INTERVENOR, SARAH HARRIS
/s/ Robert K. McCalla ROBERT K. McCALLA
(Louisiana Bar No. 9233) KEITH M. PYBURN, JR.
(Louisiana Bar No. 10914) SCOTT D. SCHNEIDER
(Louisiana Bar No. 25866) FISHER & PHILLIPS LLP 201 St. Charles Avenue, Suite 3710 New Orleans, Louisiana 70170 Telephone: (504) 524-2499 Facsimile: (504) 529-3850
LISA E. HALLECK (Virginia Bar No. 40724)
Senior Staff Attorney Advance Stores Company, Incorporated 5008 Airport Road Roanoke, VA 24012 Telephone: (540) 561-1173 Facsimile (540) 561-1145 COUNSEL FOR DEFENDANT, ADVANCE STORES COMPANY, INC.

- 7 -

 
 LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?751690334437714-L_3...

2000E, CLOSED, MAG-5
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:05-cv-00173-MVL-ALC

EEOC v. Advance Auto Parts Assigned to: Judge Mary Ann Vial Lemmon Referred to: Magistrate Judge Alma Chasez Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 01/21/2005 Date Terminated: 09/07/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gregory T. Juge Equal Employment Opportunity Commission 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2877 Email: gregory.juge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams U. S. Equal Employment Opportunity Commission 1801 L St., N. W. Washington, DC 20507 ATTORNEY TO BE NOTICED

James Philip Sacher U. S. Equal Employment Opportunity Commission 1919 Smith St. 7th Floor Houston, TX 77002 713-209-3398 ATTORNEY TO BE NOTICED

Keith T. Hill Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817

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Intervenor Plaintiff Sarah Harris
V. Defendant Advance Auto Parts, Inc. TERMINATED: 03/08/2005 Defendant Advance Stores Company, Incorporated incorrectly named Advance Auto Parts, Inc.

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?751690334437714-L_3...
Michelle T. Butler Equal Employment Opportunity Commission New Orleans District Office 1555 Poydras St. Suite 1900 New Orleans, LA 70112 (504) 595-2872 Email: michelle.butler@eeoc.gov
represented by Jay Alan Ginsberg Jay Alan Ginsberg, Attorney at Law 715 Girod St. New Orleans, LA 70130-3505 504-524-5555 Email: jayginsberg@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Keith M. Pyburn, Jr. Fisher & Phillips, LLP 201 St. Charles Ave. Suite 3710 New Orleans, LA 70170 504-522-3303 Email: kpyburn@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lawrence Joseph Sorohan, II Fisher & Phillips, LLP 201 St. Charles Ave. Suite 3710 New Orleans, LA 70170 (504) 522-3303 Email: lsorohan@laborlawyers.com
Robert K. McCalla Fisher & Phillips, LLP 201 St. Charles Ave. Suite 3710

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Movant
River Oaks, Inc. also known as River Oaks Psychiatric Hospital

New Orleans, LA 70170 504-592-3888 Email: rmccalla@laborlawyers.com ATTORNEY TO BE NOTICED
Scott David Schneider Fisher & Phillips, LLP 201 St. Charles Ave. Suite 3710 New Orleans, LA 70170 (504) 522-3303 Email: sschneider@laborlawyers.com ATTORNEY TO BE NOTICED
represented by David Alexander Bowling Wilson, Bowling & Kraus, APLC Place St. Charles 201 St. Charles Ave. Suite 2411 New Orleans, LA 70170 (504) 586-5200 Email: dab@wbkaplc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeanne Benoit Roques Wilson, Bowling & Kraus, APLC Place St. Charles 201 St. Charles Ave. Suite 2411 New Orleans, LA 70170 (504) 586-5200 Email: jbr@wbkaplc.com
Susannah C. McKinney Wilson, Bowling & Kraus, APLC Place St. Charles 201 St. Charles Ave. Suite 2411 New Orleans, LA 70170 (504) 586-5200 Email: scm@wbkaplc.com

Date Filed 01/21/2005

#

Docket Text

1 COMPLAINT; 1 summons(es) issued (plh) (Entered: 01/22/2005)

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01/21/2005 03/08/2005 03/11/2005 03/15/2005 03/16/2005 03/16/2005 03/17/2005
03/24/2005
03/28/2005 03/28/2005 04/05/2005 04/07/2005
04/11/2005 04/12/2005
04/20/2005 04/21/2005 05/06/2005 05/09/2005

Automatic Referral (Utility Event) to Magistrate Judge Alma Chasez (plh) (Entered: 01/22/2005)
2 ANSWER to Complaint by Advance Stores Co., Inc. (ijg, ) Modified on 5/9/2005 (ijg, ). (Entered: 03/11/2005)
3 Statement of Corporate Disclosure by Advance Stores Company, Incorporated. (ijg, ) (Entered: 03/15/2005)
4 MOTION to Intervene by Sarah Harris. (ijg, ) (Entered: 03/16/2005)
5 ORDER granting 4 Motion to Intervene . Signed by Judge Mary Ann Vial Lemmon. (ijg, ) (Entered: 03/16/2005)
6 Intervenor COMPLAINT filed by Sarah Harris.(ijg, ) (Entered: 03/16/2005)
7 ORDER Scheduling Preliminary Conference set for 4/8/2005 03:30 PM before Magistrate Judge. Signed by Judge Alma L. Chasez on 3/15/05.(caa, ) (Entered: 03/17/2005)
8 ORDER: The matter is returned to the docket of the District Judge. The preliminary conference scheduled for 4/8/05 is cancelled. Signed by Judge Alma L. Chasez.(ijg, ) (Entered: 03/25/2005)
9 NOTICE of Hearing. Scheduling Conference set for 4/8/2005 10:15 AM before courtroom deputy by telephone, by Clerk. (cbn) (Entered: 03/28/2005)
10 ORDERED that the automatic referral is revoked. Signed by Judge Mary Ann Vial Lemmon.(ijg, ) (Entered: 03/29/2005)
11 MOTION to Appear as Counsel of Record by Scott David Schneider on behalf of Advance Stores Company, Incorporated. (ijg, ) (Entered: 04/07/2005)
12 ORDER granting 11 Scott D. Schneider's Motion to Appear as addl counsel of record . Signed by Judge Mary Ann Vial Lemmon on 4/6/05. (ijg, ) (Entered: 04/07/2005)
14 ANSWER to Intervenor Complaint by Defendant Advance Stores Company, Incorporated.(ijg, ) (Entered: 04/13/2005)
13 SCHEDULING ORDER:, ORDER terminating hearings Final Pretrial Conference set for 12/1/2005 10:00 AM before Judge Mary Ann Vial Lemmon. 4 day Jury Trial set for 1/9/2006 09:00 AM before Judge Mary Ann Vial Lemmon.. Signed by Judge Mary Ann Vial Lemmon.(cbn) (Entered: 04/12/2005)
15 MOTION to Appear as Counsel of Record by Robert K. McCalla on behalf of Advance Stores Company, Incorporated. (plh, ) (Entered: 04/22/2005)
16 ORDER granting 15 Motion to Appear . Signed by Judge Mary Ann Vial Lemmon. (plh, ) (Entered: 04/22/2005)
17 MOTION for Leave to File first amd cmp by Equal Employment Opportunity Commission. (ijg, ) (Entered: 05/09/2005)
18 ORDER granting 17 Motion for Leave to File first amd cmp. Signed by Judge Mary Ann Vial Lemmon. (ijg, ) (Entered: 05/09/2005)

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05/09/2005 05/20/2005 06/20/2005 06/22/2005 11/07/2005 11/15/2005
01/06/2006 01/10/2006 01/11/2006 01/12/2006
01/17/2006 01/17/2006
01/19/2006 02/13/2006 04/04/2006 04/05/2006

19 FIRST AMENDED COMPLAINT against Advance Stores Company, Incorporated filed by Equal Employment Opportunity Commission.No new parties added.(ijg, ) (Entered: 05/09/2005)
20 ANSWER to Amended Complaint by Defendant Advance Stores Company, Incorporated.(ijg, ) (Entered: 05/23/2005)
21 MOTION for Extension of Time to Complete Discovery by Advance Stores Company, Incorporated. (ijg, ) (Entered: 06/22/2005)
22 ORDER granting 21 Motion for Extension of Time to Complete Discovery as set forth in document. Signed by Judge Alma L. Chasez on 6/21/05. (ijg, ) (Entered: 06/22/2005)
23 MOTION for Continuance and Status Conference by Advance Auto Parts, Inc. (ijg, ) (Entered: 11/16/2005)
24 ORDER Granting 23 MOTION to Continue filed by Advance Auto Parts, Inc. Scheduling Conference set for 1/12/2006 02:15 PM before courtroom deputy by telephone. Signed by Judge Mary Ann Vial Lemmon.(ijg, ) (Entered: 11/16/2005)
27 MOTION to Expedite Hearing by River Oaks, Inc. (ijg, ) (Entered: 01/18/2006)
25 Memorandum by Advance Stores Company, Incorporated in opposition to motion to quash. (ijg, ) (Entered: 01/11/2006)
30 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 1/11/2006 re 28 MOTION to Quash filed by River Oaks, Inc. (ijg, ) (Entered: 01/18/2006)
26 SCHEDULING ORDER: Final Pretrial Conference set for 9/1/2006 10:00 AM before Judge Mary Ann Vial Lemmon. 4 day Jury Trial set for 9/18/2006 09:00 AM before Judge Mary Ann Vial Lemmon. Signed by Judge Mary Ann Vial Lemmon. (Attachments: # 1 pre-trial notice)(cbn, ) (Entered: 01/13/2006)
28 MOTION to Quash Subpoena by River Oaks, Inc. (ijg, ) (Entered: 01/18/2006)
29 ORDER Granting 27 MOTION to Expedite hearing on 28 MOTION to Quash Subpoena filed by River Oaks, Inc. Motion Hearing set for 1/11/2006 11:00 AM before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez on 1/11/2006.(ijg, ) (Entered: 01/18/2006)
31 ORDER Settlement Conference set for 2/13/2006 02:00 PM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 1/18/2006.(ijg, ) (Entered: 01/20/2006)
32 Minute Entry for proceedings held before Judge Alma L. Chasez : Settlement Conference held on 2/13/2006. (ijg, ) (Entered: 02/16/2006)
33 MOTION to Appear as Counsel of Record by Equal Employment Opportunity Commission. (ijg, ) (Entered: 04/06/2006)
34 ORDER granting 33 Motion to Appear as Additional Counsel of Record. Signed by Judge Mary Ann Vial Lemmon on 4/4/2006. (ijg, ) (Entered: 04/06/2006)

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05/22/2006 05/23/2006 05/24/2006
05/26/2006
05/26/2006 05/31/2006 06/01/2006 06/02/2006 06/05/2006 06/05/2006 06/06/2006

40 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion to Compel Psychiatric and Psychlogical Examination of Intervenor by Advance Stores Company, Incorporated. (gec, ) (Entered: 06/01/2006)
35 Memorandum by Equal Employment Opportunity Commission in Opposition to Defendant's Motion for Expedited Hearing of Motion to Compel IME. (Juge, Gregory) (Entered: 05/23/2006)
36 MOTION for Protective Order by Advance Stores Company, Incorporated. Motion Hearing set for 6/14/2006 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support # 2 28 USC 1746 Declaration of Lisa E. Halleck# 3 Rule 37.1 Certificate# 4 Notice of Hearing # 5 Proposed Order)(ijg, ) (Entered: 05/25/2006)
39 EXPARTE/CONSENT MOTION to Compel Psychiatric and Psychlogical Examination of Intervenor by Advance Stores Company, Incorporated. (Attachments: # 1 Memorandum in Support # 2 Rule 37.1 Certificate# 3 Proposed Order # 4 Exhibits A-E# 5 Exhibit F# 6 Exhibits G-I)(gec, ) (Entered: 06/01/2006)
41 ORDER granting 40 MOTION to Expedite hearing on 39 MOTION to Compel: Motion Hearing with oral argument set for 6/7/2006 11:00 AM before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez on 5/26/06.(gec, ) (Entered: 06/01/2006)
37 ORDER Setting/Resetting ORAL argument on 36 MOTION for Protective Order: Motion Hearing set for 6/14/2006 11:00 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 5/30/06.(car, ) (Entered: 05/31/2006)
38 ORDER Setting/Resetting ORAL argument on 36 MOTION for Protective Order: Motion Hearing set for 6/14/2006 04:00 PM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 5/31/06.(car, ) (Entered: 06/01/2006)
42 ORDERED that the parties contact Magistrate JudgeAlma L. Chasez within 10 days for the purpose of conducting asettlement conference. Signed by Judge Mary Ann Vial Lemmon on 6/2/06.(gec, ) (Entered: 06/02/2006)
43 ORDER Setting/Resetting Hearing on 39 MOTION to Compel Psychiatric and Psychlogical Examination of Intervenor: Motion Hearing reset for 6/7/2006 04:00 PM before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez on 6/5/06.(gec, ) (Entered: 06/05/2006)
44 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission, Sarah Harris re 39 MOTION to Compel PSYCHIATRIC EXAMINATION OF INTERVENOR. (Juge, Gregory) (Entered: 06/05/2006)
45 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 36 MOTION for Protective Order TO PREVENT DEPOSITION OF LISA HALLECK. (Juge, Gregory) (Entered: 06/06/2006)

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06/07/2006 06/13/2006 06/14/2006 06/16/2006 06/16/2006 06/22/2006 06/22/2006 06/23/2006 06/23/2006 06/27/2006
06/27/2006
06/27/2006

46 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 6/7/2006 re 39 MOTION to Compel Psychiatric and Psychlogical Examination of Intervenor filed by Advance Stores Company, Incorporated. (car, ) (Entered: 06/09/2006)
48 MOTION for Leave to File Reply to EEOC's Response in Opposition to 36 MOTION for Protective Order by Advance Stores Company, Incorporated. (blg, ) (Entered: 06/16/2006)
47 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 6/14/2006 re 36 MOTION for Protective Order filed by Advance Stores Company, Incorporated. Motion Hearing reset for 6/28/2006 11:00 AM before Magistrate Judge Alma L. Chasez. (car, ) (Entered: 06/16/2006)
49 ORDER granting 48 Motion for Leave to File Reply to EEOC's Response in Opposition to 36 MOTION for Protective Order . Signed by Judge Alma L. Chasez on 6/15/06. (blg, ) (Entered: 06/16/2006)
50 REPLY to Response to Motion filed by Advance Stores Company, Incorporated re 36 MOTION for Protective Order. (Attachments: # 1 Exhibit)(blg, ) (Entered: 06/16/2006)
51 ORDER Setting/Resetting Hearing on 36 MOTION for Protective Order: Motion Hearing set for 7/5/2006 11:00 PM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez.(car, ) (Entered: 06/23/2006)
53 MOTION for Expedited Hearing on Motion to Compel and Motion for Extension of Defendant's Deadline to Deliver Expert Report of Dr. Thompson by Advance Stores Company, Incorporated. (blg, ) (Entered: 06/28/2006)
52 Witness and Exhibit List by Equal Employment Opportunity Commission. (Juge, Gregory) (Entered: 06/23/2006)
56 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 6/23/2006 re 54 MOTION to Compel, MOTION for Extension of time to deliver expert report - ruling set forth in doc. (car, ) (Entered: 06/28/2006)
54 MOTION to Compel and MOTION for Extension of Defendant's Deadline to Deliver Expert Report of Dr. Thompson by Advance Stores Company, Incorporated. Motion Hearing set for 6/23/2006 02:30 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Proposed Order)(blg, ) (Entered: 06/28/2006)
55 ORDER granting 53 Motion for Expedited Hearing on 54 Motion to Compel and Motion for Extension of Defendant's Deadline to Deliver Expert Report of Dr. Thompson. Motion Hearing set for 6/23/06 at 2:30 PM before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez on 6/23/06. (blg, ) (Entered: 06/28/2006)
57 MOTION for leave to exceed the ten deposition limit by two depositions by Advance Stores Company, Incorporated. Motion Hearing set for 7/12/2006 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Proposed Order)(ijg, ) (Entered: 06/29/2006)

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06/30/2006 06/30/2006 07/03/2006 07/05/2006 07/05/2006
07/05/2006
07/05/2006 07/06/2006

58 Witness and Exhibit List by Sarah Harris. (Ginsberg, Jay) (Entered: 06/30/2006)
59 ORDER Setting oral argument on 57 MOTION for leave to exceed the ten deposition limit by two depositions: Motion Hearing set for 7/12/2006 11:00 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 6/30/06.(dmg, ) (Entered: 07/03/2006)
60 Witness and Exhibit List by Advance Stores Company, Incorporated. (cms, ) (Entered: 07/05/2006)
61 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 57 MOTION for leave to exceed the ten deposition limit by two depositions. (Juge, Gregory) (Entered: 07/05/2006)
62 DEFICIENT MOTION for Summary Judgment by Advance Stores Company, Incorporated. Motion Hearing set for 7/26/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # 1 Memorandum in Support # 2 Exhibit EXHIBIT 1# 3 Exhibit EXHIBIT 2# 4 Exhibit EXHIBIT 3# 5 Exhibit EXHIBIT 3# 6 Exhibit EXHIBIT 4# 7 Exhibit EXHIBIT 5# 8 Exhibit EXHIBIT 6# 9 Exhibit EXHIBIT 7# 10 Exhibit EXHIBIT 8# 11 Exhibit EXHIBIT 9# 12 Exhibit EXHIBIT 10# 13 Exhibit EXHIBIT 11# 14 Exhibit EXHIBIT 12# 15 Exhibit EXHIBIT 13# 16 Exhibit EXHIBIT 14# 17 Notice of Hearing NOTICE OF HEARING)(Schneider, Scott) Modified on 7/6/2006 (ijg, ). (Entered: 07/05/2006)
63 NOTICE OF DEFICIENT DOCUMENT: re 62 DEFICIENT MOTION for Summary Judgment by Advance Stores Company, Incorporated. Motion Hearing set for 7/26/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # (1) Memorandum in Support # (2) Exhibit EXHIBIT 1# (3) Exhibit EXHIBIT 2# (4) Exhibit EXHIBIT 3# (5) Exhibit EXHIBIT 3# (6) Exhibit EXHIBIT 4# (7) Exhibit EXHIBIT 5# (8) Exhibit EXHIBIT 6# (9) Exhibit EXHIBIT 7# (10) Exhibit EXHIBIT 8# (11) Exhibit EXHIBIT 9# (12) Exhibit EXHIBIT 10# (13) Exhibit EXHIBIT 11# (14) Exhibit EXHIBIT 12# (15) Exhibit EXHIBIT 13# (16) Exhibit EXHIBIT 14# (17) Notice of Hearing NOTICE OF HEARING)(Schneider, Scott) Modified on 7/6/2006 (ijg, ).. Reason(s) of deficiency: Statement of material facts not provided. For corrective information, see section(s) D11 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within five (5) working days. Otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 7/12/2006. (ijg, ) (Entered: 07/06/2006)
65 ORDERED that the parties contact Mag Judge Chasez w/in10 days for the purpose of conducting a settlement conf;settlement conf must be held bfr pre-trial . Signed by Judge Mary Ann Vial Lemmon.(ijg, ) (Entered: 07/06/2006)
64 MOTION for Summary Judgment by Advance Stores Company, Incorporated. Motion Hearing set for 7/26/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # 1 Statement of Contested/Uncontested Facts # 2 Memorandum in Support # 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3 part 1# 6 Exhibit 3 part 2# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Notice of Hearing)(Schneider, Scott) (Entered: 07/06/2006)

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07/07/2006 07/10/2006 07/10/2006 07/11/2006 07/11/2006 07/12/2006
07/12/2006 07/12/2006 07/13/2006

66 ORDER dismissing as moot the 36 Motion for Protective Order . Signed by Judge Alma L. Chasez. (car, ) (Entered: 07/07/2006)
67 ORDER - Settlement Conference set for 8/24/2006 02:00 PM before Magistrate Judge Alma L. Chasez.Signed by Judge Alma L. Chasez on 7/7/06.(car, ) (Entered: 07/10/2006)
68 MOTION to Strike 52 Witness and Exhibit List, 58 Witness and Exhibit List by Advance Stores Company, Incorporated. Motion Hearing set for 7/26/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Proposed Order)(Schneider, Scott) (Entered: 07/10/2006)
72 MOTION for Leave to Amend its responses to EEOC's first set of requests for admissions by Advance Stores Company, Incorporated. Motion Hearing set for 7/26/2006 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support # 2 Exhibit # 3 Notice of Hearing # 4 Proposed Order)(cms, ) (Entered: 07/12/2006)
73 MOTION to Compel, MOTION for Discovery Sanctions Pursuant Rule 37 by Advance Stores Company, Incorporated. Motion Hearing set for 7/26/2006 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support # 2 Certificate# 3 Exhibit # 4 Proposed Order # 5 Notice of Hearing)(ala,) (Entered: 07/12/2006)
69 MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. Motion Hearing set for 7/26/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # 1 Memorandum in Support # 2 Statement of Contested/Uncontested Facts # 3 Notice of Hearing # 4 Exhibit EXHIBIT 1# 5 Exhibit EXHIBIT 2# 6 Exhibit EXHIBIT 3# 7 Exhibit EXHIBIT 4# 8 Exhibit EXHIBIT 5# 9 Exhibit EXHIBIT 6# 10 Exhibit EXHIBIT 7# 11 Exhibit EXHIBIT 8# 12 Exhibit EXHIBIT 9# 13 Exhibit EXHIBIT 10# 14 Exhibit EXHIBIT 11# 15 Exhibit EXHIBIT 12# 16 Exhibit EXHIBIT 13# 17 Exhibit EXHIBIT 14# 18 Exhibit EXHIBIT 15# 19 Exhibit EXHIBIT 16# 20 Exhibit EXHIBIT 17# 21 Exhibit EXHIBIT 18# 22 Exhibit EXHIBIT 19)(Juge, Gregory) (Entered: 07/12/2006)
70 EXPARTE/CONSENT MOTION LEAVE TO EXCEED 25-PAGE LIMITATION ON MEMORANDA by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Juge, Gregory) (Entered: 07/12/2006)
71 MOTION to Exclude EVIDENCE FROM DEFENDANT'S PROPOSED EXPERTS OWEN AND JARRELL by Equal Employment Opportunity Commission. Motion Hearing set for 7/26/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Exhibit EXHIBIT 1# 4 Exhibit EXHIBIT 2# 5 Exhibit EXHIBIT 3)(Juge, Gregory) (Entered: 07/12/2006)
74 EXPARTE/CONSENT MOTION to Continue DEFENDANT'S MOTION TO AMEND DISCOVERY RESPONSES AND DEFENDANT'S MOTION TO COMPEL by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Juge, Gregory) (Entered: 07/13/2006)

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07/13/2006 07/14/2006 07/17/2006 07/17/2006 07/18/2006 07/18/2006 07/18/2006 07/18/2006 07/18/2006
07/19/2006 07/20/2006 07/20/2006

75 ORDER dismissing as moot the 57 Motion for leave to exceed the ten depo limit by two depos . Signed by Judge Alma L. Chasez. (car, ) (Entered: 07/13/2006)
76 ORDER Setting/Resetting ORAL argument on 72 MOTION to Amend its responses to EEOC's first set of requests for admissions: Motion Hearing set for 7/26/2006 11:00 AM before Magistrate Judge Alma L. Chasez.. Signed by Judge Alma L. Chasez on 7/13/06.(car, ) (Entered: 07/14/2006)
77 EXPARTE/CONSENT MOTION to Continue by Advance Stores Company, Incorporated. (Attachments: # 1 Proposed Order)(Schneider, Scott) (Entered: 07/17/2006)
78 ORDER granting 70 Motion to exceed page limitation . Signed by Judge Mary Ann Vial Lemmon. (ijg, ) (Entered: 07/17/2006)
79 RESPONSE/MEMORANDUM in Opposition filed by Sarah Harris re 64 MOTION for Summary Judgment. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Ginsberg, Jay) (Entered: 07/18/2006)
80 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 64 MOTION for Summary Judgment. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Juge, Gregory) (Entered: 07/18/2006)
81 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission, re 68 MOTION to Strike 52 Witness and Exhibit List, 58 Witness and Exhibit List. (Juge, Gregory) (Entered: 07/18/2006)
82 MOTION for Leave to File Reply in Excess of 10 pages by Advance Stores Company, Incorporated. (Attachments: # 1 Proposed Order)(Schneider, Scott) (Entered: 07/18/2006)
83 RESPONSE/MEMORANDUM in Opposition filed by Advance Stores Company, Incorporated re 69 MOTION for Partial Summary Judgment. (Attachments: # 1 Statement of Contested/Uncontested Facts # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11 part 1# 13 Exhibit 11 part 2# 14 Exhibit 12# 15 Exhibit 13# 16 Exhibit 14# 17 Exhibit 15# 18 Errata 16# 19 Exhibit 17# 20 Exhibit 18# 21 Exhibit 19# 22 Exhibit 20# 23 Exhibit 21# 24 Exhibit 22# 25 Exhibit 23# 26 Exhibit 24# 27 Exhibit 25)(Schneider, Scott) (Entered: 07/18/2006)
84 ORDER granting 77 MOTION to Continue, 71 MOTION to Exclude EVIDENCE FROM DEFENDANT'S PROPOSED EXPERTS OWEN AND JARRELL: is reset for 8/16/2006 10:00 AM before Judge Mary Ann Vial Lemmon.. Signed by Judge Mary Ann Vial Lemmon on 7/18/06.(dmg, ) (Entered: 07/19/2006)
85 ORDER granting 74 Motion to Continue hrg on dft's mtn to amd discovery responses & mtn to compely & for discovery sanctions, set for 8/9/06 11:00; opp due 8/1/06. Signed by Judge Alma L. Chasez on 7/14/06. (car, ) (Entered: 07/20/2006)
86 ORDER granting 82 Motion for Leave to File Reply in Excess of 10 pages. Signed by Judge Mary Ann Vial Lemmon on 7/20/06. (gec, ) (Entered: 07/21/2006)

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07/27/2006
07/27/2006 08/01/2006 08/01/2006 08/08/2006
08/08/2006
08/09/2006 08/09/2006 08/09/2006 08/09/2006
08/15/2006

87 EX PARTE MOTION for Leave to File Defendant's Reply to the Summary Judgment Opposition Memoranda Filed by EEOC and Intervenor by Advance Stores Company, Incorporated. (Attachments: # 1 Proposed Pleading # 2 Proposed Pleading # 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Proposed Order)(Schneider, Scott) Modified on 7/28/2006 (ijg, ). (Entered: 07/27/2006)
88 Correction of Docket Entry by Clerk re 87 MOTION for Leave to File Defendant's Reply to the Summary Judgment Opposition Memoranda Filed by EEOC and Intervenor - Added "EX PARTE" to docket text. (ijg, ) (Entered: 07/28/2006)
89 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission, Sarah Harris re 73 MOTION to Compel MOTION for Sanctions MOTION for Sanctions. (Juge, Gregory) (Entered: 08/01/2006)
90 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 72 MOTION to Amend/Correct RESPONSES TO EEOC'S FIRST SET OF REQUESTS FOR ADMISSIONS. (Juge, Gregory) (Entered: 08/01/2006)
91 MOTION to Compel # 1 SEEKING MATERIALS CONSIDERED BY DEFENDANT'S EXPERTS by Equal Employment Opportunity Commission. Motion Hearing set for 8/23/2006 11:00 AM before Magistrate Judge Alma L. Chasez. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Rule 37.1 certificate)(Juge, Gregory) (Entered: 08/08/2006)
92 RESPONSE/MEMORANDUM in Opposition filed by Advance Stores Company, Incorporated re 71 MOTION to Exclude EVIDENCE FROM DEFENDANT'S PROPOSED EXPERTS OWEN AND JARRELL. (Attachments: # 1 Exhibit 1 part A# 2 Exhibit 1 part B# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6)(Schneider, Scott) (Entered: 08/08/2006)
93 ORDER granting 87 Motion for Leave to File Reply. Signed by Judge Mary Ann Vial Lemmon. (ijg, ) (Entered: 08/10/2006)
94 REPLY to Response to Motion filed by Advance Stores Company, Incorporated re 64 MOTION for Summary Judgment. (Attachments: # 1 Exhibits 1 - 4)(ijg, ) (Entered: 08/10/2006)
95 REPLY to Response to Motion filed by Advance Stores Company, Incorporated re 64 MOTION for Summary Judgment. (ijg, ) (Entered: 08/10/2006)
96 Minute Entry for proceedings held before Judge Alma L. Chasez : Motion Hearing held on 8/9/2006 re 73 MOTION to Compel, MOTION for Sanctions filed by Advance Stores Company, Incorporated,, 72 MOTION to Amend/Correct filed by Advance Stores Company, Incorporated: Motion Hearing continued to 8/23/2006 11:00 PM before Magistrate Judge Alma L. Chasez. (car, ) (Entered: 08/10/2006)
97 MOTION to Strike CERTAIN OF DEFENDANT'S WITNESSES by Equal Employment Opportunity Commission. Motion Hearing set for 8/30/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Exhibit Exhibit 1 - 30(b)(6) deposition)(Juge,

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08/22/2006 08/23/2006 08/23/2006 08/24/2006 08/28/2006 08/29/2006 08/30/2006

Gregory) (Entered: 08/15/2006)
98 EXPARTE/CONSENT MOTION to Continue EEOC's Motion to Compel #1 Seeking Materials Considered by Experts by Advance Stores Company, Incorporated. (Attachments: # 1 Proposed Order)(Schneider, Scott) (Entered: 08/18/2006)
99 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $5.) by Advance Stores Company, Incorporated. (Attachments: # 1 Affidavit and Certificate of Good Standing# 2 Proposed Order)(Schneider, Scott) (Entered: 08/21/2006)
107 ORDER granting 99 Motion to Appear Pro Hac Vice as to Lisa E. Halleck. . Signed by Judge Mary Ann Vial Lemmon. (ijg, ) (Entered: 08/29/2006)
100 RESPONSE/MEMORANDUM in Opposition filed by Advance Stores Company, Incorporated re 97 MOTION to Strike CERTAIN OF DEFENDANT'S WITNESSES. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Schneider, Scott) (Entered: 08/22/2006)
101 First MOTION in Limine to EXCLUDE / LIMIT CERTAIN EVIDENCE by Equal Employment Opportunity Commission. Motion Hearing set for 9/13/2006 10:00 AM before Judge Mary Ann Vial Lemmon. (Attachments: # 1 Memorandum in Support # (2) Notice of Hearing)(Juge, Gregory) Corrected Notice of Hearing on 8/23/2006 (ijg, ). Modified on 8/23/2006 (ijg, ). (Entered: 08/22/2006)
104 Correction of Docket Entry by Clerk re 101 First MOTION in Limine to EXCLUDE / LIMIT CERTAIN EVIDENCE ; Corrected Notice of Hearing to set motion on 9/13/2006 10:00 AM before Judge Lemmon. (ijg, ) (Entered: 08/23/2006)
102 ORDER re 98 MOTION to Continue that 91 EEOC's Motion to Compel #1 Seeking Materials Considered by Experts is continued. Motion Hearing with oral argument set for 8/30/2006 before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez on 8/22/06.(gec, ) (Entered: 08/23/2006)
103 ORDER Setting/Resetting Hearing on 73 MOTION to Compel, MOTION for Discovery Sanctions: Motion Hearing continued to 8/30/2006 11:00 AM before Magistrate Judge Alma L. Chasez. Signed by Judge Alma L. Chasez.(gec, ) (Entered: 08/23/2006)
105 Minute Entry for proceedings held before Judge Alma L. Chasez : Settlement Conference held on 8/24/2006. (car, ) (Entered: 08/28/2006)
106 ORDER denying 64 Motion for Summary Judgment, Denying 69 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission . Signed by Judge Mary Ann Vial Lemmon. (ijg, ) Modified on 9/1/2006 (ijg, ). (Entered: 08/28/2006)
108 Proposed Pretrial Order by Equal Employment Opportunity Commission, Advance Stores Company, Incorporated, Sarah Harris. (Juge, Gregory) (Entered: 08/29/2006)
109 Proposed Pretrial Order Supplement by Equal Employment Opportunity Commission, Advance Stores Company, Incorporated, Sarah Harris. (Schneider,

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08/31/2006 09/01/2006
09/01/2006 09/05/2006 09/07/2006 11/09/2006
11/13/2006

Scott) (Entered: 08/30/2006)
111 ORDER dismissing as moot 73 Motion to Compel, Motion for Sanctions . Signed by Judge Alma L. Chasez. (car, ) (Entered: 08/31/2006)
112 ORDER dismissing as moot 91 Motion to Compel . Signed by Judge Alma L. Chasez. (car, ) (Entered: 08/31/2006)
110 NOTICE by Equal Employment Opportunity Commission re 71 MOTION to Exclude EVIDENCE FROM DEFENDANT'S PROPOSED EXPERTS OWEN AND JARRELL THAT MOTION IS MOOT. (Juge, Gregory) (Entered: 08/31/2006)
113 ORDER denying the mtn to quash. Signed by Judge Alma L. Chasez on 8/30/06.(car, ) (Entered: 08/31/2006)
114 Minute Entry for proceedings held before Judge Mary Ann Vial Lemmon : Final Pretrial Conference held on 9/1/2006, Motions addressed: 101 First MOTION in Limine to EXCLUDE / LIMIT CERTAIN EVIDENCE filed by Equal Employment Opportunity Commission, 97 MOTION to Strike CERTAIN OF DEFENDANT'S WITNESSES filed by Equal Employment Opportunity Commission, 68 MOTION to Strike 52 Witness and Exhibit List, 58 Witness and Exhibit List filed by Advance Stores Company, Incorporated. Trial set for 9/18/06 9:00 AM. (car, ) (Entered: 09/07/2006)
115 Minute Entry for proceedings held before Judge Mary Ann Vial Lemmon : Settlement Conference held on 9/1/2006. (car, ) (Entered: 09/07/2006)
117 EXPARTE/CONSENT MOTION to Expedite Hearing by River Oaks, Inc. (Attachments: # 1 Proposed Order # 2 Proposed Pleading # 3 Proposed Pleading (Memorandum in Support))(ijg, ) (Entered: 09/09/2006)
116 ORDER DISMISSING CASE. Signed by Judge Mary Ann Vial Lemmon.(ijg, ) (Entered: 09/08/2006)
118 EXPARTE/CONSENT MOTION for Settlement ON BEHALF OF ALL PARTIES TO ENTER AND APPROVE CONSENT DECREE by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order PROPOSED CONSENT DECREE)(Juge, Gregory) (Entered: 11/09/2006)
119 CONSENT DECREE re 118 MOTION for Settlement ON BEHALF OF ALL PARTIES TO ENTER AND APPROVE CONSENT DECREE filed by Equal Employment Opportunity Commission . Signed by Judge Mary Ann Vial Lemmon.(ijg, ) (Entered: 11/17/2006)

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