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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HORA, INC. d/b/a DAYS INN and

)

MARSHALL MANAGEMENT, INC.,

)

)

Defendants.

)

)

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 Manessta Beverly (female) and a class of females who were adversely affected

by such practices. The Commission alleges that during her employment, Ms. Beverly was sexually

harassed by Defendant’s Night Auditor Nelson Garcia when he subjected her to sexually offensive

comments, unwelcome touching, and unwelcome sexual behavior which created a sexually hostile

work environment. The Commission also alleges that Defendant retaliated against Ms. Beverly by

terminating her employment after she complained of sexual harassment by Garcia. Ms. Beverly

suffered backpay losses and sustained emotional distress as a result of the harassment and retaliatory

discharge.

The Commission further alleges that a class of females were similarly subjected to a sexually

hostile work environment. Moreover, the Commission alleges that although Defendant was aware

of the sexually hostile work environment caused by Garcia’s conduct, Defendant failed to take any effective remedial action to rid the work environment of the illegal harassment. As a result of the harassment, the class members suffered monetary damages as well as emotional distress.
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 to704(a), and 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-3(a), and §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 Eastern District of Pennsylvania.
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, HORA, Inc., d/b/a Days Inn (“HORA”) (the "Employer"), has continuously been doing business in the Commonwealth of Pennsylvania, and the City of Reading, and has continuously had at least 15 employees. HORA, Inc. owns the Days Inn franchise which employed Ms. Beverly and the class of aggrieved female employees. 5. At all relevant times, Defendant, Marshall Management Inc. (“Marshall Management”) (the "Employer"), has continuously been doing business in the Commonwealth of Pennsylvania, and the City of Reading, and has continuously had at least 15 employees. Defendant

HORA, Inc., contracted with Defendant Marshall Management to manage the day-to-day operations of its Reading, Pennsylvania facility, including but not limited to, keeping the workplace free of unlawful harassment and discrimination.
6. At all relevant times, Defendant Employers have continuously been joint employers 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 7. More than thirty days prior to the institution of this lawsuit, Manessta Beverly filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least July 20, 2002, Defendant Employer has engaged in unlawful employment practices at its Reading, Pennsylvania facility, by unlawfully subjecting Ms. Beverly to a hostile work environment based on her sex, female, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). Defendant Employer also subjected Ms. Beverly to retaliation for her complaints of sexual harassment in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e(a). These unlawful practices include, but are not limited to, the following: (a) From her date of hire, on or about June 27, 2002, until her retaliatory termination, on or about July 22, 2002, Ms. Beverly was subjected to sexually offensive comments and unwelcome touching by a male co-worker, Nelson Garcia, Night Auditor. Garcia was assigned to train Ms. Beverly in her position as Night Auditor. (b) Garcia created a sexually hostile work environment during Ms. Beverly’s employment

by regularly and consistently rubbing her hands, placing his hands around her waist, and standing in close proximity to her, clearly invading her personal space.
(c) Ms. Beverly repeatedly objected to Garcia’s sexual advances, but he continued to harass her; when she complained, he threatened to advise management that she was not able to perform the Night Auditor job.
(d) On or about July 20, 2002, Garcia further subjected Ms. Beverly to sexual harassment when, in her presence, he began watching a pornographic movie in the hotel’s reception area. Ms. Beverly called the hotel manager to verbally complain about Garcia’s harassing behavior, but Defendants’ dismissed her concerns.
(e) On or about the evening of July 20, 2002, Ms. Beverly informed Defendants that she could no longer withstand Garcia’s sexually harassing behavior and left the facility. However, before leaving, Ms. Beverly filed a written complaint of sexual harassment against Garcia with Defendants.
(f) On or about July 22, 2002, Defendant terminated Ms. Beverly’s employment because of her internal complaint of sexual harassment against Garcia.
(g) Prior to Ms. Beverly’s complaint of sexual harassment to Defendants, other female employees complained of sexual harassment by Garcia. Dating as far back as December 2000, other female employees complained to Defendants that Garcia created a sexually harassing work environment by engaging in ongoing sexually offensive comments and touching.
(h) Despite having knowledge that Garcia was subjecting Ms. Beverly and a class of female employees to a sexually hostile work environment, Defendants failed to take any action, and the harassment continued, causing them to suffer damages.

9. The effect of the practices complained of in paragraph 8(a)-(h) above have been to deprive Manessta Beverly, and a class of 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 8(a)-(h) above were intentional.
10. The unlawful employment practices complained of in paragraph 8(a)-(h) above were done with malice or with reckless indifference to the federally protected rights of Manessta Beverly, as a female, and the class of female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in harassment based upon sex and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employers 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 Employers to make whole ManesstaBeverly, and a class of affected female employees, by providing appropriate 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. D. Order Defendant Employers to make whole Manessta Beverly, and a class of affected female employees, by providing compensation for past and future pecuniary losses resulting from

the unlawful employment practices described in paragraph 7(a)-(g) above, including job search expenses, in amounts to be determined at trial.
E. Order Defendant Employers to make whole Manessta Beverly, and a class of affected female employees, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7(a)-(g) above, including emotional pain, suffering, depression, anxiety, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Employers to pay Manessta Beverly, and a class of affected female employees, punitive damages for its malicious and reckless conduct described in paragraph 7(a)-(g) 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.
GWENDOLYN YOUNG REAMS Associate General Counsel
JACQUELINE H. McNAIR Regional Attorney
JUDITH A. O’BOYLE Supervisory Trial Attorney DAWN M. EDGE

Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2687

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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v.
HORA, INC. d/b/a DAYS INN and MARSHALL MANAGEMENT, INC.
Defendants

: CASE NO. 03 - CV - 1429 : : : : ASSIGNED TO: F. S. Van Antwerpen, J. : : : JURY TRIAL DEMANDED : : :

COMPLAINT OF INTERVENOR MANESSTA BEVERLY
Manessta Beverly, Plaintiff/Intervenor, by her attorney, Jana R. Barnett, alleges as follows:
I. INTRODUCTION
1. This is an action seeking redress for the discrimination based on sex (sexual harassment) and retaliation, in contravention of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.
2. Mrs. Beverly, a female citizen of the United States, seeks equitable and monetary relief for the Defendants’ unlawful actions, including back pay and benefits, compensation for physical and emotional pain and suffering, reimbursement of medical expenses, costs, attorneys' fees, punitive damages, and all other relief to which she is entitled by Title VII and the Pennsylvania Human Relations Act.

II. JURISDICTION AND VENUE
3. This Court has jurisdiction over Plaintiff's Title VII claims pursuant to 28 U.S.C. §1331, and 42 U.S.C. §2000e et seq. (§706). This Court has jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. §1367 because the claims arising under the Pennsylvania Human Relations Act are so related to the claims arising under Title VII of the Civil Rights Act of 1964 that they form the same case or controversy.

-1-

4. Venue in this district is appropriate pursuant to 28 U.S.C. §1391(b). The unlawful acts and practices of the Defendant were committed by the Defendant in Berks County, Pennsylvania, which is within the Eastern District of Pennsylvania.
III. PARTIES
5. Plaintiff Manessta Beverly is an adult citizen of the Commonwealth of Pennsylvania who resides in Berks County, Pennsylvania. Her address is 413 Birch Street, Reading, PA 19604.
6. Defendant HORA, Inc. (“HORA”) is a Pennsylvania corporation with its principal place of business at 2295 Lancaster Pike, Shillington, Berks County, PA 19607. It employed Mrs. Beverly, and owns the Days Inn - Reading where Mrs. Beverly worked. It is an employer within the meaning of the Pennsylvania Human Relations Act.
7. Defendant Marshall Management, Inc. (“Marshall Management”) is a Maryland corporation which is registered with the Commonwealth of Pennsylvania. It entered into a contract with HORA to operate, and did operate, the Days Inn Reading during the time that Mrs. Beverly worked there. Its principal address is 718 Naylor Mill Road, Salisbury, Maryland. It is an employer within the meaning of the Pennsylvania Human Relations Act.
IV. FACTUAL BACKGROUND
8. Mrs. Beverly began working as a night auditor for HORA, Inc. on or about June 27, 2002.
9. Mrs. Beverly was paid by HORA, Inc. and worked at the Days Inn - Reading.
10. Marshall Management operated the Days Inn - Reading during the period of time that Mrs. Beverly worked there. It employed the General Manager of the Days Inn - Reading, Darryl Carr.
11. Darryl Carr supervised Mrs. Beverly.
12. Marshall Management provided the employee handbook distributed to employees of the Days Inn - Reading, including Mrs. Beverly.
13. On June 29, 2002, Mrs. Beverly signed a sexual harassment form printed on Marshall Management’s stationery. Among other things, that form stated that,
-2-

“Any employee who experiences what he/she believes to be an act of sexual harassment by another employee, should directly contact the General Manager.” 14. Mrs. Beverly was trained by many people, including but not limited to another night auditor named Nelson Garcia.
15. Mr. Garcia had sexually harassed women since the time that he began working at Days Inn - Reading. Among other things, Mr. Garcia continually “hit” on the female who was training him, even though she told him that his advances were unwelcome and that she wanted him to stop, and even though she notified both HORA, Inc and Marshall Management of his unwelcome advances.
16. Mr. Garcia grabbed the posterior of another female employee, and pretended to accidentally rub his groin against her. He also touched her breast.
17. Mr. Garcia asked female employees to go out with him even though they told him that his attentions were unwelcome.
18. Before Mrs. Beverly began working at Days Inn - Reading, both HORA and Marshall Management had been notified that Mr. Garcia sexually harassed female employees, and have given him at least one written warning for sexual harassment. The Defendants’ action against Mr. Garcia was not effective.
19. When Mr. Garcia trained Mrs. Beverly, he rubbed her hand, put his hands around her waist, invaded her personal space by getting closer to her than was comfortable, and otherwise engaged in verbal or physical conduct of a sexual nature.
20. Mrs. Beverly made it clear to Mr. Garcia that his conduct was unwelcome, but her persisted in sexually harassing her.
21. As Mrs. Beverly became more assertive in resisting Mr. Garcia’s advances, M r. Garcia became more belligerent.
22. Mrs. Beverly was satisfactorily performing her job, and was scheduled to work solo beginning on or about July 22, 2002.
23. Mrs. Beverly was supposed to train a co-worker named Brian after she began working solo. Brain had begun began working as an auditor before Mrs. Beverly.
24. On or about July 19, 2002, Mr. Garcia watched a sexually explicit television show on the set in the reception area. That show was visible to Mrs. Beverly where she worked. The show was offensive to her.
-3-

25. After Mr. Garcia forced Mrs. Beverly to see and/or hear the sexual television show, Mrs. Beverly wrote a letter to the President of HORA, Inc. which notified Mrs. Kautroulelis that Mr. Garcia had sexually harassed her.
26. Mrs. Beverly put the letter on Mrs. Kautroulelis’ desk, and taped copies of the letter on the doors of the General Manager, Darryl Carr, and the administrative assistant.
27. After writing and delivering the letter, Mrs. Beverly called the General Manager to say that she could not stay at work any longer, and she went home.
28. Mrs. Beverly was scheduled to be off of work on July 21, 2002, but to return to work on July 22, 2002.
29. On July 22, 2002, Mrs. Beverly was informed that she could not return to work unless she first attended a meeting.
30. Although Mrs. Beverly had arranged babysitting for her regular shift, she was unable to arrange a babysitter for the time selected for the meeting and therefore did not work on July 22, 2002.
31. On July 23, 2002, Mrs. Beverly met with the President of HORA and the General Manager of Marshall Management.
32. During that meeting, Mrs. Kautroulelis had Mrs. Beverly’s letter in front of her, and commented that Mrs. Beverly had made serious allegations.
33. Mrs. Beverly agreed that they were strong, and said that they were true.
34. Mrs. Beverly suggested that the General Manager sit down with Mr. Garcia, show him the allegations, and tell him that his conduct was unacceptable. However, Mr. Carr refused to do so.
35. Mr. Carr told Mrs. Beverly that there wasn’t enough money in the budget to keep her as a night auditor.
36. Mr. Carr also said that there was no one to train Mrs. Beverly. Mrs. Beverly named many people other than Mr. Garcia who could train her.
37. Mr. Carr terminated Mrs. Beverly’s employment.
38. Mr. Carr also told Mrs. Beverly that they weren’t going to get rid of a two year employee for a one month employee.
-4-

39. Mrs. Kautroulelis did not object to his action, or the stated reasons for his action.
40. Mr. Garcia was scheduled to work overtime in order to replace Mrs. Beverly.
41. As a result of being fired, Mrs. Beverly lost wages and benefits, endured emotional pain and suffering, became deeper in debt, was forced to sell possessions, was forced to move, and was otherwise damaged.
42. On August 2, 2002, Mrs. Beverly signed a Charge of Discrimination against HORA, Inc. and Marshall Management, Inc. That charge was mailed to the Equal Employment Opportunity Commission. The EEOC assigned charge numbers 170A201984 and 170A201985 to Mrs. Beverly’s charge, and cross-filed the charges with the Pennsylvania Human Relations Commission (“PHRC”).
43. The PHRC assigned numbers 200203591 to the charge against HORA, Inc., and 200203562 to the charge against Marshall Management.
44. On or about March 6, 2003, the EEOC filed a complaint against both Defendants.
45. On September 4, 2003, the PHRC sent Mrs. Beverly a letter saying that it had been one year since she filed her complaint against HORA, Inc. with that agency, and that she had a right to file a complaint in court.
46. Also on September 4, 2003, the PHRC sent Mrs. Beverly a letter saying that it had been one year since she filed her complaint against Marshall Management with that agency, and that she had a right to file a complaint in court.
47. Mrs. Beverly received both of the PHRC’s letters dated September 4, 2003 on Monday September 8, 2003.
VI. CLAIMS
FIRST COUNT
(Violation of Title VII of the Civil Rights Act of 1964 by HORA and Marshall Management)
48. Paragraphs 1 through 47 are incorporated by reference.
49. Mrs. Beverly was discriminated against on the basis of sex when she was sexually harassed by Mr. Garcia.
-5-

50. HORA and Marshall Management knew or should of known of Mr. Garcia’s sexual harassment of female employees.
51. As a direct result of HORA’s and Marshall Management’s discriminating against Mrs. Beverly on the basis of her sex, Mrs. Beverly has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation.
WHEREFORE Mrs. Beverly prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses), attorney’s fees, costs, and such other and further relief as are permitted by law or equity.
SECOND COUNT
(Violation of Title VII of the Civil Rights Act of 1964 (Retaliation) against HORA, Inc. and Marshall Management)
52. Paragraphs 1 through 47 are incorporated by reference.
53. HORA, Inc. and Marshall Management discriminated (retaliated) against Mrs. Beverly when they fired her for opposing practices forbidden by the Pennsylvania Human Relations Act (sexual harassment).
54. As a direct result of HORA, Inc.’s and Marshall Management’s discriminating (retaliating) against Mrs. Beverly, Mrs. Beverly has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation.
WHEREFORE Mrs. Beverly prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses), attorney’s fees, costs, and such other and further relief as are permitted by law or equity.
THIRD COUNT
(Violation of Pennsylvania Human Relations Act, 43 P.S. §951 et seq., by HORA and Marshall Management)
55. Paragraphs 1 through 47 are incorporated by reference.
-6-

56. Mrs. Beverly was discriminated against on the basis of sex when she was sexually harassed by Mr. Garcia.
57. HORA and Marshall Management knew or should of known of Mr. Garcia’s sexual harassment of female employees.
58. As a direct result of HORA’s and Marshall Management’s discriminating against Mrs. Beverly on the basis of her sex, Mrs. Beverly has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation.
WHEREFORE Mrs. Beverly prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary losses), attorney’s fees, costs, and such other and further relief as are permitted by law or equity.
FOURTH COUNT (Violation of Pennsylvania Human Relations Act, 43 P.S. §951 et seq. against HORA, Inc. and Marshall Management) 59. Paragraphs 1 through 47 are incorporated by reference. 60. HORA, Inc. and Marshall Management discriminated (retaliated) against Mrs. Beverly when they fired her for opposing practices forbidden by the Pennsylvania Human Relations Act (sexual harassment). 61. As a direct result of HORA, Inc.’s and Marshall Management’s discriminating (retaliating) against Mrs. Beverly, Mrs. Beverly has suffered and continues to suffer harm, including but not limited to loss of income and loss of other employment benefits, front pay, medical expenses, physical suffering, humiliation, embarrassment, and damage to her reputation. WHEREFORE Mrs. Beverly prays for compensatory damages (e.g., pecuniary losses, physical and emotional pain, suffering, inconvenience, mental anguish, and other nonpecuniary
-7-

losses), attorney’s fees, costs, and such other and further relief as are permitted by law or equity. _____________________________________ Jana R. Barnett, Esquire Attorney for Plaintiff Supreme Court of Pa. I.D. 73189 1238 Cleveland Avenue Wyomissing, PA 19610-2102 610/478-1860
JURY TRIAL DEMAND Mrs. Beverly demands a trial by jury as to all issues.
______________________________________ Jana R. Barnett, Esquire Attorney for Plaintiff
-8-

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

EEOC and

Plaintiff,

MANESSTA BEVERLY Intervenor

v.

HORA, INC., ET AL Defendants.

:

CIVIL ACTION

:

:

:

:

:

:

:

:

:

:

NO. 03-1429

O R D E R
AND NOW, TO WIT: This 14th day of October, 2005, it having been reported that the issues between the parties in the above action have been settled and upon Order of the Court pursuant to the provisions of Rule 41.1(b) of the Local Rules of Civil Procedure of this Court , it is
ORDERED that the above action is DISMISSED with prejudice, pursuant to agreement of counsel without costs.

Copies forwarded to: Dawn M. Edge Judith A. O’Boyle Samantha M. Peirce Andrew N. Howe Beth A. Friel

MICHAEL E. KUNZ, Clerk of Court
BY: Rose A. Barber Deputy Clerk
Karen Marie Ibach Anne L. Carroll Laura L. Hoppenstein Howard Kurman Jacqueline H. McNair Kevin I. Lovitz

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FI-
EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

MIC -. '

)

CIVIL'.:AC

v.

)

03-cv-1429

HORA, INC. dfb/a DAYS INN and

)

MARSHALL MANAGEMENT, INC.,

)

)

Defendants.

)

CONSENT DECREE This Consent Decree is entered into by the Plaintiff, the United States Equal Employment
Opportunity Commission (the "EEOC or the "Commission") and the Defendants, Hora, Inc. d/b/a Days Inn (hereinafter referred to as "Hora Inc."), and Marshall Management, Inc., their
directors, officers, agents, employees, successors or assigns. The Commission brought this action on March 6, 2003, in the United States District
Court for the Eastern District of Pennsylvania to enforce Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, 42 V.S.c. § 2000e, et. WI ("Title VII") . In its Complaint, the Comm ission alleged that during her employment. Ms. Manessta Beverly was sexually harassed by Defendant's Night Auditor when he subjected her to sexually offensive comments, unwelcome touching, and unwelcome sexual behavior which created a sexually hostile work environment. The Commission also alleged that Defendant retaliated against Ms. Beverly by terminating her employment after she comp lained to management about the of sexual harassment. The Commission further alleged that a class of females were similarly

In an attemptto avoid further litigation costs, the parties to this action do hereby agree to the entry of this Consent Decree (hereinafter referred to as the "Decree") which shall resolve fully and finally all claims which were raised by the EEOC in its Complaint filed on behalf of Ms. Beverly and a class of similarly situated females. It is the intent of the parties that this Decree shall be a final and binding settlement between the EEOC, Defendants' and their successors and assigns, in full disposition of all claims alleged in the Commission's Complaint in Civil ActionNo. 03-cv-1429.
The Parties hereby agree that: 1. This Decree is entered into in compromise of the claims asserted in this civil action. Hora, Inc. and Marshall Management, Inc. deny any wrongdoing, and this Decree shall not be construed or deemed to be evidence of any wrongdoing, fault or liability in the defenses that Hora, Inc. and Marshall Management, Inc. asserted. 2. The EEOC is the agency of the United States government authorized by Congress to investigate allegations of unlawful employment discrimination, to bring civil actions based upon these allegations of unlawful practices, and to seek relief for individuals affected by such practices. 3. The parties stipulate that, pursuant to Title VII and 28 USC § 451,1331,1337,1343, and 1345, the United States District Court for the Eastern District of Pennsylvania has jurisdiction over both the subject matter and the parties in this case. The parties further stipulate that venue is appropriate in the Eastern District of Pennsylvania.
2

NON-DISCRIMINATION AND NON-~T ALIATION 4. Hora, Inc. and Marshall Management, Inc. shall not engage in sexual harassment or any employment practice which operates to deny equal employment opportunity based on sex, in violation of Title VII. 5. Hora, Inc. and Marshall Management, Inc. shall not engage in any employment practices which retaliate in any manner against any person, including but not limited to Ms. Beverly, because of that person's cooperation with the EEOC with respect to this Civil Action, including the filing of a charge, the giving of testimony or assistance, or participation in this matter, or any investigation, hearing or proceeding under Title Vll. 6. Hora, Inc. and Marshall Management, Inc. shall not divulge to any employer or potential employer of Ms. Beverly the facts or circumstances related to the charge of
discrimination against Hora, me. and Marshal1 Management, Inc., or any of the events relating to
her participation in the litigation of this matter. Hora, Inc. and Marshall Management, Inc. will expunge from the personnel files of Ms. Beverly any documents, correspondence and related papers pertaining to the charge of discrimination filed by Ms. Beverly with the EEOC or the EEOC's lawsuit.
MONETARY COMPENSATION 7. Hora, Inc. and Marshall Management, Inc. agree to pay the sum total 0 f $12,000.00 to Ms. Beverly. In order to receive this monetary payment, Ms. Beverly will be required to execute a Release to be presented to her by Hora, Inc. and Marshall Management, Inc. and acceptable to her private attorney.
3

8. Upon filing of the executed Consent Decree and within thirty days after Hora, Inc. and Marshall Management, Inc. have executed the Release, Hora, Inc. and Marshall Management, Inc. will make the monetary payment to Ms. Beverly. Proof of the payment to Ms. Beverly (consisting of a copy of the check and a copy of the transmittal letter to Ms. Beverly's attorney) shall bemailedtoDawnM.Edge.TriaIAttorneY.EEOC.21S.FifthStreet.Suite 400, Philadelphia, PA 191 06.
POSTING OFNOTICE 9. Within 20 business days after entry of this Decree, Hora, Inc. and Marshall Management, Inc. shall post a Notice attached hereto as Exhibit A. Hora, Inc. shall post the notice at its Days Inn facility in Shillington, Pennsylvania. Marshall Management, Inc. shall post the notice at its Salisbury, Maryland facility. The Notice shall remain posted for a period of eighteen (18) months from the date of the filing of this Decree with the Court. The Notice shall be easily legible and shall be posted on the bulletin boards at the facilities where notices, bulletins or announcements of this nature are usually and customarily posted for the benefitof an employees. Should the posted copy of the Notice become defaced, marred or otherwise made unreadable, Hera, Inc. and Marshall Management, Inc. agree to immediately post a readable copy of the Notice.
TRAINING 10. Hora, Inc. agrees to conduct training, through the law offices of Hartman, Hartman, Howe & Allerton, 2901 St. Lawrence Avenue, P.O. Box 4429, Reading, PA 19606, on unlawful sexual harassment and discrimination under Title VII to its hiring officials, supervisors, managers, and owner(s) at its Days Inn facility in Shillington, Pennsylvania within 180 days of
4

the filing the Consent Decree, and provide additional Title VII training within one (l) year of the
original date of training. Defendant agrees to notify the Commission as to the date of the training, and provide information regarding the substantive content presented at the training after the training is completed.
11 . Marshall Management, Inc. agrees to conduct training on unlawful sexual harassment and discrimination under Title VI through a qualified trainer or vendor to its supervisors, general managers, executive vice-presidents and owner(s) at its Salisbury, Maryland
facility within 180 days of the filing of the Consent Decree, and provide additional Title vrr
training within one (1) year of the original date of training. Defendant agrees to notify the Commission as to the date of the training, and provide information regarding the substantive content presented at the training after the training is completed.
12. The training described in Paragraphs 10 and 11, shall also include training to Defendants' Human Resource officials, and all hiring and management officials at the Days Inn facility in Shillington, Pennsylvania and Marshall Management, Inc.'s facility in Salisbury, Maryland regarding how to conduct a prompt arid effective investigation into allegations, complaints or charges of employment discrimination.
13. Hora, Inc. and Marshall Management, Inc..shall certify to the EEOC in writing after the training sessions required by Paragraphs 10, 11, and 12 have occurred, that the training has taken place and that all of the required personnel have attended. Such certification shall include: (i) the dates, location and duration of the training session; and (ii) a copy of the registry of attendance, including the name and position of each person in attendance.
5

DISPUTE RESOLUTION AND COMPLIANCE
14, The parties agree that the Court may enter such orders, and will have all equitable powers, including injunctive relief, as may be necessary in order to enforce the Monetary Compensation and Equitable Relief sections of this Consent Decree. The Court may order expedited discovery under the FederaJ Rules of Civil Procedure for purposes of determining compliance with the Monetary Compensation and Equitable Relief sections of this Decree or defending against a claim of non-compliance.
MISCELLANEOUS PROVISIONS 15. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 16. If any provision of the Consent Decree is found to be unlawful, only the specific provision in question shall be affected and the other provisions will remain in full force and effect. 17. The terms of the Decree are and shall be binding upon the present and future employees, agents, trustees, administrators, successors, representatives, and assigns of Hora, Inc. and Marshall Management, lnc. 18. The Decree constitutes the entire agreement and commitments of the parties. Any modifications to this agreement must be mutually agreed upon and memorialized in a writing signed by Hora, Inc., Marshall Management, Inc, and the Commission. 19. This Consent Decree shall fully and finally resolve aU claims which were raised by the EEOC in its Complaint in Civil Action No. 03-cv-1429,
.'
6

20. Failure by the Commission to seek enforcement of this Decree with regard to one provision shallnot be construed as a waiver of its rights to do so with regard to the same or other provisions of this Decree.
21. This Consent Decree shall be filed in the United StatesDistrict Court for the Eastern District of Pennsylvania and shall continue to be in effect for a period of two years.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
James L. Lee Deputy General Counsel

Gwendolyn Young Reams

Associate General Counsel

Washington, D.C.

J~ ~' £;.fMcNa/.i.~ r

9L"

.
(

/ (\1J7,1(!"f
crztf,j

Regional Attorney

~I "<"1

HORA, INC. d/b/a DAYS INN
~Il
Andrew N. Howe, Esquire Hartman, Hartman, Howe & Allerton 2901 S1. Lawrence Avenue
P.O. Box 4429 Reading, PA 19606 (610) 779M 0772

ItI>.

. ...I..~ I' .

(J

F--
J

DATE

(h~Q'Oj~~
i6dith A. O'Boyle
Supervisory Trial Attorney
--~ D.fMu. ~E.d{g®e\t~---
Trial Attorney U.S. EEOC Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 191 06
(215) 10--8~

Howard . Kurman, Esquire Offit, Kurman, Yumkas & Denick, P. A. 8 Park Center Court, Suite 200 Owings Mills, Maryland 21117
(443) 738-1500
lcJ6/or=
DATE

7

APPROVED AND SO ORDERED:

IlaJwRks/

DATE

2

EXHIBIT- A

NOTICE TO ALL MARSHALL MANAGEMENT. INC. EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the Eastern District of Pennsylvania in EEOC v. Rora, Inc. d/b/a Days Inn and Marshall Management, Inc.• Civil Action Number 03-cv~1429. The EEOC filed this action to enforce provisions ofTitle VII of the Civil Rights Act of 1964 (Title VII).
Title VII of the Civil Rights Act of 1964. 42 U.S,C. § 2000e et seq., as amended ("Title VII"). prohibits discrimination against employees and applicants for employment based upon sex, national origin, race, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves of the .rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that Bora, Inc, and Marshall Management, Inc. subjected an employee to sexual harassment because of her sex and to retaliation in violation of Title VIT. Hora, Inc. and Marshall Management, Inc. deny any wrongdoing against this employee or any other employee.
To resolve the case, Hera, Inc, and Marshall Management. Inc. and the EEOC have entered into a Consent Decree which provided, among other things, that: (1) Hora, Inc. and Marshall Management, Inc. shall not discriminate on the basis of sex; (2) Hora, Inc, and Marshall Management, Inc. shall not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge ofdiscrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (3) Hora, Inc. and Marshall Management, Inc. will train all supervisors and managers regarding Title VII's prohibitions against discrimination, harassmentand retaliation,
THIS IS AN OFFICIAL NOTICE AND MUSTNOT BE DEFACED BY ANYONE
This Notice must remain posted for eighteen (18) months from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to the: Regional Attorney, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.
~ iJl1 ~L- ~~
Mars all Management, c.

DATED: -+-++-------Je...-.s...----

DATED: --.-+---f------

 
 USCA3 Docket Sheet for 05-5393

http://pacer.ca3.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=05-5393&p...

General Docket
US Court of Appeals for the Third Circuit

Court of Appeals Docket #: 05-5393 Nsuit: 1442 Civil Rights: Jobs EEOC v. Hora Inc, et al Appeal from: Eastern District of Pennsylvania

Filed: 12/14/05

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lower court information:

District: 0313-2 : 03-cv-01429 Trial Judge: Gene E.K. Pratter, District Judge Court Reporter: David Hayes Date Filed: 3/6/03 Date order/judgment: 10/14/05 Date NOA filed: 12/9/05 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fee status: paid

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Prior cases:
None Current cases:
None

Docket as of June 30, 2007 6:02 pm

Page 1

05-5393 EEOC v. Hora Inc, et al
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

MANESSTA BEVERLY

v. HORA INC
Appellee
MARSHALL MGMT INC Appellee

Andrew N. Howe FAX 610-779-7473 610-779-0072 [COR NTC ret] Hartman, Hartman, Howe & Allerton 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606-0129
Daniel P. O'Meara FAX 215-772-7620 215-772-7647 [COR NTC ret] Montgomery, McCracken, Walker & Rhoads 123 South Broad Street Philadelphia, PA 19109

1 of 5

7/23/2007 2:57 PM

USCA3 Docket Sheet for 05-5393

http://pacer.ca3.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=05-5393&p...

Howard K. Kurman FAX 443-738-1535 443-738-1500 [COR NTC ret] Offit Kurman 8 Park Center Court Suite 200 Owing Mills, MD 21117

-------------------------
JANA R. BARNETT Appellant

Thomas S. Neuberger FAX 302-655-9329 302-655-0582 [COR NTC ret] Stephen J. Neuberger FAX 302-655-9329 302-655-0582 [COR NTC ret] The Neuberger Firm 2 East 7th Street Suite 302 Wilmington, DE 19801

Docket as of June 30, 2007 6:02 pm

Page 2

05-5393 EEOC v. Hora Inc, et al EQUAL EMPLOYMENT OPPORTUNITY COMMISSION;
MANESSTA BEVERLY
v. HORA INC; MARSHALL MGMT INC
Appellees
------------------------JANA R. BARNETT
Appellant
Docket as of June 30, 2007 6:02 pm

Page 3

05-5393 EEOC v. Hora Inc, et al

12/14/05

CIVIL CASE DOCKETED. Notice filed by Jana R. Barnett. (dmm)

12/23/05

TRANSCRIPT PURCHASE ORDER (Part I), ordering a transcript of the proceedings, filed. (dmm)

12/27/05

APPEARANCE from Attorneys Michael P. Devlin and Daniel P. O'Meara on behalf of Appellee Marshall Mgmt Inc, filed. (dmm)

2 of 5

7/23/2007 2:57 PM

USCA3 Docket Sheet for 05-5393

http://pacer.ca3.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=05-5393&p...

12/27/05 12/27/05 12/27/05 12/27/05 12/27/05 12/27/05 12/27/05 12/27/05 12/28/05 1/6/06 1/13/06 1/17/06
1/17/06

DISCLOSURE STATEMENT on behalf of Appellee Marshall Mgmt Inc, filed. (dmm)
APPEARANCE from Attorney Andrew N. Howe on behalf of Appellee Hora Inc, filed. (dmm)
DISCLOSURE STATEMENT on behalf of Appellee Hora Inc, filed. (dmm)
APPEARANCE from Attorneys Stephen J. Neuberger and Thomas S. Neuberger on behalf of Appellant Jana R. Barnett, filed. (dmm)
DISCLOSURE STATEMENT on behalf of Appellant Jana R. Barnett, filed. (dmm)
INFORMATION STATEMENT on behalf of Appellant Jana R. Barnett, received. (dmm)
CONCISE SUMMARY OF CASE on behalf of Appellant Jana R. Barnett, received. (dmm)
TRANSCRIPT PURCHASE ORDER (Part II) filed by David Hayes, filed. (dmm)
ORDER to David Hayes directing transcript, ordered on 12/22/05, to be filed by 1/24/06, filed. (dmm)
MOTION by Appellees Hora Inc and Marshall Mgmt Inc to dismiss appeal, filed. Answer due 1/23/06. Certificate of Service dated 1/6/06. ZZ#Send ZZ#to ZZ#Merits ZZ#Panel (dmm)
TRANSCRIPT PURCHASE ORDER (Part III) notifying transcript by David Hayes filed in D.C., filed. (dmm)
FOLLOW UP LETTER to Kevin I. Lovitz, Anne L. Carroll, Laura L. Hoppenstein, Howard Kurman, Jacqueline H. McNair, Dawn M. Edge, Judith A. O'Boyle and Jana R. Barnett requesting the following documents: **Appearance Form **Disclosure Statement ZZ#SEND ZZ#TO ZZ#MERITS ZZ#PANEL (dmm)
Unopposed MOTION by Appellant Jana R. Barnett to extend time to file response to Appellees' motion to dismiss, filed. Certificate of Service dated 1/17/06. (dmm)

Docket as of June 30, 2007 6:02 pm

Page 4

05-5393 EEOC v. Hora Inc, et al

1/19/06

ORDER (Clerk) granting Appellant's motion to extend time to file response to motion to dismiss. Appellant's response shall be filed on or before 2/7/06, filed. (dmm)

1/25/06

ZZ#ATTORNEY ZZ#NOT ZZ#PARTICIPATING: Anne L. Carroll advises that she will not participate in this appeal. ZZ#[SEND ZZ#TO ZZ#MERITS ZZ#PANEL] (dmm)

2/7/06

RESPONSE filed by Appellant Jana R. Barnett in opposition to Appellee's motion to dismiss for lack of jurisdidction. Certificate of Service dated 2/7/06. ZZ#Send ZZ#to ZZ#Merits ZZ#Panel (dmm)

4/18/06

ORDER (Roth, Fuentes, Authoring Judge, and Van Antwerpen,

3 of 5

7/23/2007 2:57 PM

USCA3 Docket Sheet for 05-5393

http://pacer.ca3.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=05-5393&p...

Circuit Judges) referring to the merits panel the motion to dismiss and response. Judge Roth would grant the motion to dismiss, filed. ZZ#SEND ZZ#TO ZZ#MERITS ZZ#PANEL. D-60 (slc)

4/18/06

CERTIFIED LIST filed. (slc)

4/18/06

BRIEFING NOTICE ISSUED. Appellant's brief and appendix due 5/30/06. (slc)

4/26/06

Unopposed MOTION by Appellant Jana R. Barnett for extension of time to file brief and appendix until 7/31/06, filed. Certificate of Service dated 4/26/06. (dmm)

4/28/06

ORDER (Clerk) granting Appellant's motion to extend time to file brief and appendix. Appellant's brief and appendix shall be filed and served on or before 7/31/06. No further extensions will be granted, filed. (dmm)

7/31/06

ELECTRONIC BRIEF on behalf of Appellant Jana R. Barnett, Copies: 1, Pages: 54, Word Count: 12,611, delivered by mail, filed. Certificate of service date 7/31/06. (lal)

8/4/06

CERTIFICATION OF SERVICE for Appellant Appendix, filed. (lal)

8/7/06

HARD COPY RECEIVED of brief with appendix volume I attached from Appellant, Copies: 10. (mcw)

8/7/06

APPENDIX on behalf of Appellant, Copies: 4, Volumes: 2(volume I attached to hard copy), Delivered by mail, filed. Certificate of service date 7/31/06. (mcw)

9/5/06

ELECTRONIC BRIEF on behalf of Appellees, Copies: 1, Pages: 31, Word Count: 6,858, delivered by mail, filed. Certificate of service date 9/5/06. (eh)

9/8/06

HARD COPY RECEIVED from Appellees submitting 10 ccs of brief (eh)

9/14/06

APPEARANCE from Attorney Howard Kurman on behalf of Appellee Marshall Mgmt Inc, filed. (dmm)

Docket as of June 30, 2007 6:02 pm

Page 5

05-5393 EEOC v. Hora Inc, et al

9/19/06 9/21/06 2/6/07 3/21/07 4/9/07 4/18/07

REPLY BRIEF on behalf of Appellant Jana R. Barnett, Copies: 1. Delivered by mail, filed. Certificate of service date 9/19/06. (lal)
HARD COPY RECEIVED of Reply Brief from Appellant Jana R. Barnett, Copies: 10. (lal)
LETTER dated 2/6/07 filed pursuant to Rule 28(j) from counsel for Appellant Jana R. Barnett. ZZ#SEND ZZ#TO ZZ#MERITS ZZ#PANEL (dmm)
CALENDARED for Monday, May 21, 2007. (Rescheduled from Tuesday, May 22, 2007.) (eh)
WITHDRAW OF APPEARANCE: attorney Michael P. Devlin for Marshall Mgmt Inc withdrawing appearance. (dmm)
ORDER (Barry, Authoring Judge, Chagares and Tashima, Circuit Judges) denying Appellee's motion to dismiss,

4 of 5

7/23/2007 2:57 PM

USCA3 Docket Sheet for 05-5393

http://pacer.ca3.uscourts.gov/cgi-bin/dktrpt.pl?CASENUM=05-5393&p...

5/15/07 5/21/07 6/29/07 6/29/07

filed. (dmm)
Letter dated May 15, 2007, received from Andrew N. Howe, Esq., counsel for Appellee respectfully requesting Appellees Hora, Inc. and Marshall Management, Inc. permission to submit their arguments on the filed briefs only and not appear at oral argument on Monday, May 21, 2007 for various reasons, filed. (Please see letter for further information) (eh)
ARGUED Monday, May 21, 2007 Panel: Barry, Chagares and *Tashima, Circuit Judges. Counsel for Appellant: Thomas S. Neuberger and Counsel for Appelles: Andrew N. Howe(Hora, Inc.) and Howard K. Kurman (Marshall Mgmt, Inc.) *Sitting by designation from the U.S. Court of Appeals for the 9th Circuit. (eh)
NOT PRECEDENTIAL OPINION (Barry, Chagares and Tashima*, Authoring Judge, Circuit Judges), filed. Total Pages:#8. (*Honorable A. Wallace Tashima, United States Circuit Judge for the Ninth Circuit, sitting by designation). (ghb)
JUDGMENT: REVERSED. Costs taxed against Appellees, filed. (ghb)

Docket as of June 30, 2007 6:02 pm

Page 6

PACER Service Center

Transaction Receipt

07/23/2007 15:57:35

PACER Login: hs0328 Client Code:

clearinghouse

Description:

dkt report

Case Number:

05-5393

Billable

6

Pages:

Cost:

0.48

5 of 5

7/23/2007 2:57 PM

 
 A/R, CLOSED, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:03−cv−01429−GP

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. HORA, INC. et al Assigned to: HONORABLE GENE E.K. PRATTER Case in other court: U.S. COURT OF APPEAL FOR THE
THIRD CIRCUIT, 05−05393 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff

Date Filed: 03/06/2003 Date Terminated: 10/14/2005 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by DAWN M. EDGE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215−440−2687 Email: dawn.edge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JACQUELINE H. MCNAIR U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 801 MARKET ST. PENTHOUSE, SUITE 1300 PHILADELPHIA, PA 19107 215−440−2666 Email: jacqueline.mcnair@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215−440−2687 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
HORA, INC. doing business as DAYS INN

represented by ANDREW N. HOWE HARTMAN SHURR 1100 BERKSHIRE BLVD., STE 301 POBOX 5828 WYOMISSING, PA 19610 610−779−0772 Fax: 610−779−7473 Email: ahowe@HartmanShurr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
SAMANTHA M. PEIRCE HARTMAN, HARTMAN, HOWE

Defendant MARSHALL MANAGEMENT, INC.
V. Movant DEBRA M RICHARDSON Intervenor MANESSTA BEVERLY

&ALLERTON 2901 ST. LAWRENCE AVE. P.O. BOX 4429 READING, PA 19606 610−779−0772 Email: speirce@hhha.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by BETH A. FRIEL MONTGOMERY MCCRACKEN WALKER &RHOADS LLP 123 S. BROAD ST PHILADELPHIA, PA 19109−1099 Email: bfriel@mmwr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
HOWARD KURMAN OFFIT KURMAN YUMKAS &DENICK PA 8 PARK CENTER COURT STE 200 OWINGS MILLS, MD 21117 443−738−1517 LEAD ATTORNEY ATTORNEY TO BE NOTICED
LAURA L. HOPPENSTEIN OFFIT KURMAN YUMKAS AND DENICK, P.A. 8 PARK CENTER COURT SUITE 200 OWINGS MILLS, MD 21117 443−738−1533 LEAD ATTORNEY ATTORNEY TO BE NOTICED
KAREN MARIE IBACH MONTGOMERY, MCCRACKEN 123 S. BROAD ST. PHILA, PA 19109 215−772−7686 Email: kibach@mmwr.com ATTORNEY TO BE NOTICED
represented by ANNE L. CARROLL 601 MEADOW LANE READING, PA 19605 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JANA R. BARNETT 1238 CLEVELAND AVENUE WYOMISSING, PA 19610−2102 (610) 478−1860 Fax: 610−478−0453

Email: jrbarnet@ptd.net LEAD ATTORNEY
KEVIN I. LOVITZ THE LOVITZ LAW FIRM, P.C. 1700 MARKET STREET SUITE 3100 PHILADELPHIA, PA 19102 215−735−1996 Fax: 215−735−1515 Email: kevin@lovitzlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/06/2003 03/06/2003 03/06/2003 04/01/2003
04/10/2003
04/10/2003
04/14/2003
04/14/2003
04/22/2003 04/22/2003 04/23/2003 05/19/2003 05/19/2003

# Docket Text
1 COMPLAINT against HORA, INC., MARSHALL MANAGEMENT, INC., filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(aam, ) Additional attachment(s) added on 3/10/2003 (ldb, ). (Entered: 03/06/2003)
Summons Issued as to HORA, INC., MARSHALL MANAGEMENT, INC..2 mailed To: Counsel on 3/6/03 (aam, ) (Entered: 03/06/2003)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (aam, ) (Entered: 03/06/2003)
2 UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE OF HOWARD K. KURMAND AND LAURA L. HOPPENSTEIN FILED BY MARSHALL MANAGEMENT, INC.,DECLARATIONS, CERTIFICATE OF SERVICE.(afm, ) (Entered: 04/02/2003)
3 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: MARTY STRAKA served Summons and Complaint upon Albert Arnold, Manager on behalf of HORA, INC. by PERSONAL SERVICE 3/26/2003, answer due 4/15/2003. (tj, ) (Entered: 04/10/2003)
4 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: BRIAN KEITH SPEED served Summons and Complaint upon Michael Marshall on behalf of MARSHALL MANAGEMENT, INC. by PERSONAL SERVICE on 3/19/2003, answer due 4/8/2003. (tj, ) (Entered: 04/10/2003)
5 ORDER THAT DEFENDANT'S MOTION FOR ADMISSION PRO HAC VICE OF HOWARD K. KURMAN AND LAURA L. HOPPENSTEIN IS GRANTED. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 4/11/03.4/15/03 ENTERED AND COPIES MAILED. (afm, ) (Entered: 04/15/2003)
6 STIPULATION AND ORDER THAT DEFENDANTS' HORA, INC. AND MARSHALL MANAGEMENT, INC. SHALL HAVE UNTIL 4/23/03 TO RESPOND TO PLAINTIFF'S COMPLAINT. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 4/11/03. 4/15/03 ENTERED AND COPIES MAILED.(afm, ) (Entered: 04/15/2003)
7 ANSWER to Complaint together with AFFIRMATIVE DEFENSES by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE.(afm, ) (Entered: 04/22/2003)
Issue Joined (afm, ) (Entered: 04/22/2003)
8 ANSWER to Complaint by HORA, INC., Certificate of Service.(er, ) Additional attachment(s) added on 5/30/2003 (vw, ). (Entered: 04/23/2003)
9 Disclosure Statement by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE.(afm, ) (Entered: 05/19/2003)
10 Disclosure Statement, Certificate of Service by HORA, INC. (er, ) (Entered: 05/19/2003)

06/09/2003
09/15/2003 09/22/2003 10/08/2003
10/09/2003 10/09/2003 10/28/2003 10/29/2003 12/19/2003
01/20/2004 01/22/2004 03/30/2004 04/22/2004 05/19/2004

11 ORDER THAT ALL DISCOVERY SHALL BE COMPLETED BY MAY 3, 2004, FOLLOWING WHICH THIS CASE SHALL BE PLACED IN THE TRIAL POOL IN THE LEGAL INTELLIGENCER. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 6/9/03. 6/10/03 ENTERED AND COPIES FORWARDED BY CHAMBERS. (fdc) (Entered: 06/10/2003)
12 MOTION TO INTERVENE FILED BY MANESSTA BEVERLY, MEMORANDUM, CERTIFICATE OF SERVICE.(er, ) Additional attachment(s) added on 10/14/2003 (er, ). Additional attachment(s) added on 10/14/2003 (er, ). (Entered: 09/15/2003)
13 JOINT RESPONSE TO MANESSTA BEVERLY'S MOTION TO INTERVENE FILED BY HORA, INC., MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (afm, ) (Entered: 09/23/2003)
14 ORDER THAT THE MOTION TO INTERVENE BY MANESSTA BEVERLY IS GRANTED AND THE COMPLAINT ATTACHED TO MOTION SHALL BE FILED AND THE DEFENDANTS ARE DIRECTED TO RESPOND WITHIN 21 DAYS OF THIS ORDER.. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 10/7/03.10/8/03 ENTERED AND COPIES MAILED. (afm, ) (Entered: 10/08/2003)
15 Intervenor COMPLAINT , filed by MANESSTA BEVERLY with JURY DEMAND.(afm, ) Additional attachment(s) added on 10/14/2003 (er, ). (Entered: 10/09/2003)
2 Summons Issued as to Intervenor Complaint HORA, INC., MARSHALL MANAGEMENT, INC.. Forwarded To: counsel on 10/9/03 (afm, ) (Entered: 10/09/2003)
16 ANSWER to Intervenor Complaint with AFFIRMATIVE DEFENSES by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE.(afm, ) (Entered: 10/28/2003)
17 ANSWER to Complaint together with of Defendant, Hora, Inc., d/b/a Days Inn to Intervenor Manessta Beverly's Complaint with Jury Demand by HORA, INC. with Affirmative Defenses, Certificate of Service. (HOWE, ANDREW) Modified on 10/30/2003 (np). (Entered: 10/29/2003)
18 CERTIFICATE OF SERVICE re: FIRST SET OF INTERROGATORIES TO INTERVENOR PLAINTIFFS MANESSTA BEVERLY AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ; FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO INTERVENOR PLAINTIFFS MANESSTA BEVERLY AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION was served via First Class Mail by MARSHALL MANAGEMENT, INC. (afm, ) (Entered: 12/19/2003)
19 NOTICE of Service of Discovery Responses by HORA, INC. Certificate of Service(stb, ) (Entered: 01/21/2004)
20 NOTICE of Appearance by SAMANTHA M. PEIRCE on behalf of HORA, INC. with Certificate of Service. (stb, ) (Entered: 01/22/2004)
21 STIPULATION AND ORDER THAT DISCOVERY IS EXTENDED UNTIL JULY 3, 2004. SIGNED BY JUDGE FRANKLIN S. VAN ANTWERPEN ON 3/29/04. 3/30/04 ENTERED AND COPIES MAILED. (fdc) (Entered: 03/30/2004)
22 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephonic Discovery Conference was conducted in this case on 4/21/04. The proceeding was not placed on the record. (ky, ) (Entered: 04/22/2004)
23 MOTION TO QUASH OR MODIFY SUBPOENA ISSUED ON BEHALF OF DEFENDANT, MARSHALL MANAGEMENT, INC. FOR PROTECTIVE ORDER AND FOR SANCTIONS AGAINST HOWARD K. KURMAN AND OFFIT KURMAN ATTORNEYS AT LAW BY DEBRA M RICHARDSON.MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE (EXHIBITS ATTACHED, 2 VOLUMES) (EXHIBIT 1 FILED UNDER SEAL)(stb, ) (Entered: 05/19/2004)

05/27/2004 06/08/2004
06/24/2004 07/06/2004 07/06/2004 07/08/2004 07/08/2004 07/13/2004
07/27/2004 07/30/2004 08/02/2004 08/05/2004 08/12/2004

24 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT : Telephonic Discovery Hearing held on 5/27/2004. Court Reporter: None (er, ) (Entered: 05/28/2004)
25 ORDER THAT THE MOTION FOR SANCTIONS AGAINST HOWARD K. KURMAN AND OFFIT, KURMAN IS DENIED; THE MOTION TO QUASH OR MODIFY SUBPOENA IS DENIED AS MOOT; THE MOTION FOR PROTECTIVE ORDER IS GRANTED IN PART AND DENIED IN PART, AND MOVANT'S COUNSEL SHALL IMMEDIATELY SUBMIT THE REDACTED, ALBEIT TRUNCATED, E−MAIL CORRESPONDENCE TO OPPOSING COUNSEL. SIGNED BY JUDGE ARNOLD C. RAPOPORT ON 6/8/04.6/9/04 ENTERED AND COPIES MAILED.(er, ) (Entered: 06/09/2004)
26 Objections by DEBRA M RICHARDSON to order of MAGISTRATE JUDGE ARNOLD C. RAPOPORT ENTERED JUNE 9, 2004, Memorandum of Law in Support, Exhibits, Certificate of Service. (ky, ) (Entered: 06/24/2004)
27 Response to Objections of Debra M. Richardson to Order of Magistrate Judge Arnold C. Rapoport Entered June 9, 2004 by HORA, INC., Certificate of Service. (PEIRCE, SAMANTHA) Modified on 7/7/2004 (fh) (Entered: 07/06/2004)
28 Amended Certificate of Service by HORA, INC.(PEIRCE, SAMANTHA) Modified on 7/7/2004 (fh). (Entered: 07/06/2004)
29 ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE FRANKLIN S. VAN ANTWERPEN TO JUDGE GENE E.K. PRATTER FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 7/7/04. 7/8/04 ENTERED AND COPIES MAILED AND FAXED.(mar, ) (Entered: 07/08/2004)
30 RESPONSE to OBJECTIONS OF DEBRA M. RICHARDSON TO ORDER OF MAGISTRATE JUDGE RAPOPORT ENTERED 6/9/04 by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (afm, ) (Entered: 07/09/2004)
31 ORDER THAT UPON CONSIDERATION OF THE OBJECTIONS OF THE MOVANT, DEBRA M. RICHARDSON, TO THE JUNE 9, 2004 ORDER OF THIS COURT, AND THE RESPONSES THERETO, IT IS HEREBY ORDERED THAT THE OBJECTIONS ARE DENIED AS UNTIMELY PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 6 AND 72(a) AND THE LOCAL RULES OF CIVIL PROCEDURE 7.1(g) AND 72.1 IV(a). SIGNED BY JUDGE ARNOLD C. RAPOPORT ON 7/13/04. 7/13/04 ENTERED AND COPIES MAILED AND FAXED.(ky, ) (Entered: 07/13/2004)
32 Objections to ORDER of MAGISTRATE JUDGE ARNOLD C. RAPOPORT entered 7/13/04 by DEBRA M RICHARDSON, MEMORANDUM, CERTIFICATE OF SERVICE. (afm, ) (Entered: 07/27/2004)
33 Response in opposition to Objections of Debra M. Richardson to Order of Magistrate Judge Arnold C. Rapoport Entered July 13, 2004 by HORA, INC., Certificate of Service. (Attachments: # 1 Exhibit) (PEIRCE, SAMANTHA) Modified on 8/3/2004 (np). (Entered: 07/30/2004)
34 Response to Objections of DEBRA M. RICHARDSON to the ORDER OF MAGISTRATE JUDGE ARNOLD C. RAPOPORT entered 7/13/04 by MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (Attachments: # 1 EXHIBIT 1# 2 COS) (afm, ) (Entered: 08/03/2004)
35 ORDER THAT THE OBJECTIONS OF DEBRA M. RICHARDSON TO ORDER OF MAGISTRATE JUDGE RAPOPORT WILL BE CONSIDERED AS A MOTION FOR RECONSIDERATION AND REFERRED TO MAGISTRATE JUDGE RAPOPORT.. SIGNED BY JUDGE GENE E.K. PRATTER ON 8/4/04. 8/6/04 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (Entered: 08/06/2004)
36 ORDER THAT MOVANT'S OBJECTIONS TO THE 7/13/04 ORDER OF THIS COURT AND THE RESPONSES THERETO ARE DENIED AND DEFENDANT'S REQUESTS FOR SANCTIONS AGAINST MOVANT AND HER COUNSEL ARE DENIED. SIGNED BY JUDGE ARNOLD C. RAPOPORT ON 8/12/04. 8/12/04 ENTERED AND COPIES MAILED.(er, ) (Entered: 08/12/2004)

10/01/2004 11/05/2004 12/14/2004 01/14/2005 02/10/2005 02/18/2005
03/08/2005
03/18/2005
03/23/2005 03/31/2005 03/31/2005 04/04/2005 04/04/2005 04/04/2005

37 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 10/18/2004 03:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 10/01/2004)
38 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 12/15/2004 11:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 11/05/2004)
39 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 1/4/2005 02:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 12/14/2004)
40 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 2/10/2005 04:45 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 01/14/2005)
41 Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Settlement Conference held on 2/10/05. (afm, ) (Entered: 02/10/2005)
42 SCHEDULING ORDER THAT A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 5/3/2005 AT 09:30 AM IN CHAMBERS ROOM 5118; ANY MOTIONS FOR SUMMARY JUDGMENT DUE BY 3/18/2005; PLAINTIFF PRETRIAL MEMO DUE BY 4/15/2005; DEFENDANT PRETRIAL MEMO DUE BY 4/22/2005; THIS CASE WILL BE PLACED IN TRIAL POOL ON 5/10/2005.. SIGNED BY JUDGE GENE E.K. PRATTER ON 12/18/05. 2/22/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 02/22/2005)
43 JOINT MOTION TO DISQUALIFY JANA R. BARNETT, ESQUIRE AS COUNSEL FOR INTERVENTOR PLAINTIFF, MANESSTA BEVERLY FILED BY HORA, INC., MARSHALL MANAGEMENT, INC.,MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 EXHIBIT 1# 3 EXHIBIT 2# 4 EXHIBIT 3)(afm, ) (Entered: 03/09/2005)
44 MOTION FOR SUMMARY JUDGMENT FILED BY HORA, INC., MARSHALL MANAGEMENT, INC.,MEMORANDUM, STATEMENT OF MATERIAL FACTS, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 STATEMENT# 3 EXHIBIT 1# 4 EXHIBIT 10# 5 EXHIBIT 11# 6 EXHIBIT 12# 7 EXHIBIT 13# 8 EXHIBIT 14# 9 EXHIBIT 15# 10 EXHIBIT 16# 11 EXHIBIT 17# 12 EXHIBIT 18# 13 EXHIBIT 19# 14 EXHIBIT 2# 15 EXHIBIT 20# 16 EXHIBIT 21# 17 EXHIBIT 22# 18 EXHIBIT 23# 19 EXHIBIT 24# 20 EXHIBIT 25# 21 EXHIBIT 26# 22 EXHIBIT 27# 23 EXHIBIT 28# 24 EXHIBIT 29# 25 EXHIBIT 3# 26 EXHIBIT 30# 27 EXHIBIT 31# 28 EXHIBIT 32# 29 EXHIBIT 4# 30 EXHIBIT 5# 31 EXHIBIT 6# 32 EXHIBIT 7# 33 EXHIBIT 8# 34 EXHIBIT 9)(afm, ) (Entered: 03/21/2005)
45 RESPONSE to Motion re 43 MOTION to Disqualify Counsel filed by MANESSTA BEVERLY. (Attachments: # 1 Exhibit)(BARNETT, JANA) (Entered: 03/23/2005)
46 Letter RE: RESPONSE in Opposition re 43 MOTION to Disqualify Counsel Barnett filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (EDGE, DAWN) Modified on 4/1/2005 (np). (Entered: 03/31/2005)
47 NOTICE of Hearing on Motion 43 MOTION to Disqualify Counsel: MOTION HEARING SET FOR 4/15/2005 09:15 AM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 03/31/2005)
48 Memorandum in Support of Opposition re 44 MOTION for Summary Judgment filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Supplement) (EDGE, DAWN) Modified on 4/5/2005 (np). (Entered: 04/04/2005)
49 RESPONSE to Motion re 44 MOTION for Summary Judgment (with response to facts and exhibits filed separately) filed by MANESSTA BEVERLY. (BARNETT, JANA) (Entered: 04/04/2005)
50 RESPONSE to Statement of Material Facts re 44 MOTION for Summary Judgment (Response to Facts, with exhibits sent to the Clerk) filed by MANESSTA BEVERLY. (BARNETT, JANA) Modified on 4/5/2005 (np). (Entered: 04/04/2005)

04/04/2005 04/14/2005 04/15/2005 04/18/2005 04/22/2005 04/22/2005 04/22/2005 04/22/2005 06/09/2005
06/23/2005 06/28/2005 07/07/2005 07/11/2005

51 EXHIBITS 1−26 of plaintiff's Opposition to defendant HORA AND MARSHALL'S MOTION FOR SUMMARY JUDGMENT by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.. (afm, ) (Entered: 04/05/2005)
52 ORDER THAT PRIOR TO THE HEARING THE PARTIES SHALL PROVIDE THE COURT WITH A COPY OF MS. BARNETT'S LETTER TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, DATED 11/18/02.. SIGNED BY JUDGE GENE E.K. PRATTER ON 4/14/05. 4/15/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 04/15/2005)
53 Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Motion Hearing held on 4/15/05 re 43 MOTION to Disqualify Counsel filed by HORA, INC.,, MARSHALL MANAGEMENT, INC., (afm, ) (Entered: 04/15/2005)
54 Replacement Exhibit 29 to defendant's JOINT MOTION FOR SUMMARY JUDGMENT by HORA, INC., MARSHALL MANAGEMENT, INC... (afm, ) (Entered: 04/18/2005)
55 Memorandum (Supplemental) in Support of EEOC's Opposition to Defendants' Joint Motion to Disqualify Jana Barnett, Esq. re 43 MOTION to Disqualify Counsel Jana Barnett, Esq. filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (EDGE, DAWN) (Entered: 04/22/2005)
56 RESPONSE in Opposition re 43 MOTION to Disqualify Counsel (Supplemental) filed by MANESSTA BEVERLY. (BARNETT, JANA) (Entered: 04/22/2005)
57 TRANSCRIPT of Proceedings held on 4/15/05 before Judge HONORABLE GENE E.K. PRATTER. Court Reporter: ESR. (afm, ) (Entered: 04/25/2005)
58 SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF THEIR JOINT MOTION TO DISQUALIFY JANA R. BARNETT, ESQUIRE AS COUNSEL FOR INTERVENOR PLAINTIFF MANESSTA BEVERLY filed by HORA, INC., MARSHALL MANAGEMENT, INC., CERTIFICATE OF SERVICE. (afm, ) (Entered: 04/25/2005)
59 MEMORANDUM AND ORDER THAT BECAUSE THE COURT FINDS VIOLATIONS OF PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT 4.2, 4.4 AND 8.4, CONSISTENT WITH THE REASONING DICUSSED IN THE ACCOMPANYING MEMORANDUM, JANA R. BARNETT IS DISQUALIFIED; ALL PARTIES SHALL HAVE UNTIL 9/1/05 TO FILE SUPPLEMENTAL MATERIAL WITH REGARD TO THE PENDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, ETC..... . SIGNED BY JUDGE GENE E.K. PRATTER ON 6/8/05.6/9/05 ENTERED AND COPIES MAILED AND E−MAILED. (afm, ) (Entered: 06/09/2005)
60 MOTION for Certificate of Appealability filed by Jana R. Barnett, Pro Se, and not on behalf of Manessta Beverly filed by MANESSTA BEVERLY.Memorandum.(BARNETT, JANA) (Entered: 06/23/2005)
61 RESPONSE to Motion re 60 MOTION for Certificate of Appealability filed by Jana R. Barnett, Pro Se, and not on behalf of Manessta Beverly filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Affidavit in Support of EEOC's Response to Barnett Motion to Amend Order and Grant Certification)(EDGE, DAWN) (Entered: 06/28/2005)
62 RESPONSE in Opposition re 60 MOTION for Certificate of Appealability filed by Jana R. Barnett, Pro Se, and not on behalf of Manessta Beverly and Certificate of Service filed by HORA, INC., MARSHALL MANAGEMENT, INC.. (Attachments: # 1 Exhibit Proposed Order for Response in Opposition to Motion# 2 Exhibit Affidavit of Andrew N. Howe, Esquire)(HOWE, ANDREW) (Entered: 07/07/2005)
63 REVISED SCHEDULING ORDER (JURY TRIAL) THAT A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 11/4/2005 AT 09:15 AM IN CHAMBERS, ROOM 5118; PLAINTIFF PRETRIAL MEMO DUE BY 10/21/2005; DEFENDANT PRETRIAL MEMO DUE BY 10/28/2005; THIS CASE WILL BE PLACED ON THE COURT'S TRIAL POOL ON 11/15/2005.. SIGNED BY JUDGE GENE E.K. PRATTER ON 7/11/05. 7/12/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 07/12/2005)

07/22/2005 07/26/2005 09/01/2005 09/14/2005 09/15/2005 09/29/2005 10/07/2005 10/14/2005 12/09/2005
12/09/2005 12/09/2005 12/14/2005 12/23/2005 08/20/2007 09/13/2007

64 MEMORANDUM AND ORDER THAT BARNETT'S MOTION FOR CERTIFICATE OF APPEALABILITY IS DENIED.. SIGNED BY JUDGE GENE E.K. PRATTER ON 7/22/05.7/25/05 ENTERED AND COPIES MAILED AND E−MAILED. (afm, ) (Entered: 07/25/2005)
65 NOTICE of Appearance by KAREN MARIE IBACH on behalf of MARSHALL MANAGEMENT, INC. with Certificate of Service (IBACH, KAREN) (Entered: 07/26/2005)
66 Memorandum (Supplemental) In Support re 44 MOTION for Summary Judgment and Certificate of Service filed by HORA, INC., MARSHALL MANAGEMENT, INC.. (HOWE, ANDREW) (Entered: 09/01/2005)
67 NOTICE of Hearing on Motion 44 MOTION for Summary Judgment: MOTION HEARING SET FOR 10/20/2005 04:30 PM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 09/14/2005)
68 NOTICE of Rescheduling Hearing on Motion 44 MOTION for Summary Judgment: MOTION HEARING SET FOR 10/28/2005 10:00 AM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 09/15/2005)
69 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 10/7/2005 03:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 09/29/2005)
70 NOTICE of Appearance by KEVIN I. LOVITZ on behalf of MANESSTA BEVERLY (afm, ) Additional attachment(s) added on 1/30/2006 (bj, ). (Entered: 10/11/2005)
71 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b) 10/14/2005 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(rab, ) (Entered: 10/14/2005)
72 CONSENT DECREE THAT HORA, INC AND MARSHALL MANAGEMENT, INC. SHALL NOT ENGAGE IN ANY EMPLOYMENT PRACTICE WHICH RETALIATE IN ANY MANNER AGAINST ANY PERSON, INCLUDING MS. BEVERLY, BECUASE OF COOPERATION WITH THE EEOC WITH RESPECT TO THIS ACTION; HORA, INC AND MARSHALL MANAGEMENT, INC. AGEE TO PAY THE SUMM OF $12,000.00 TO MS. BEVERLY, ETC...; EACH PARTY TO BEAR OWN EXPENSES, COSTS AND ATTORNEY FEES; THIS CONSENT DECREE SHALL FULLY AND FINALLY RESOLVE ALL CLAIMS WIN THIS ACTION.. SIGNED BY JUDGE GENE E.K. PRATTER ON 12/8/05. 12/9/05 ENTERED AND COPIES MAILED.(afm, ) (Entered: 12/09/2005)
73 NOTICE OF APPEAL by MANESSTA BEVERLY. Filing fee $ 255, receipt number 5116. Copies to Judge, Clerk USCA, Appeals Clerk and All Counsel. (ky, ) (Entered: 12/09/2005)
74 Clerk's Notice to USCA re 73 Notice of Appeal. (ky, ) Additional attachment(s) added on 12/9/2005 (ky, ). (Entered: 12/09/2005)
NOTICE of Docketing Record on Appeal from USCA re 73 Notice of Appeal filed by MANESSTA BEVERLY,. USCA Case Number 05−5393 (afm, ) (Entered: 12/15/2005)
75 Copy of TPO Form re 73 Notice of Appeal: (afm, ) (Entered: 12/23/2005)
76 Certified Copy of Judgment of USCA as to 73 Notice of Appeal filed by MANESSTA BEVERLY dated 06/29/2007 that the Order of the District Court entered on 06/08/2005, be and the same is hereby reversed, all in accordance with the opinion of the Court. Costs taxed against Appellees. (nda) (Entered: 08/21/2007)
77 ORDER OF USCA DATED 9/13/07 THAT THE ORDER OF THE DISTRICT COURT ENTERED ON 6/8/05, BE AND THE SAME IS HEREBY REVERSED, ALL IN ACCORDANCE WITH THE OPINION OF THIS COURT. COSTS TAXED AGAINST APPELLEES. (rf, ) (Entered: 09/14/2007)