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IN THE UNITED STATES DISTRICT COURT AUG 1 1 2005

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

MICHAEL W. DOBBINS

CLERK. U.S. DISTRICT COURT

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
THE VALVE SERVICES GROUP, INC. ALLIED VALVE INDUSTRIES, INC.
Defendants.

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COMPLAINT

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,JURY DEMANJtDmGE H. OlDl=..'.P.\/.VI,iIr\,"i,

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) MAGHrrRATE JUDGE COLE

NATURE OF THE ACTION

This is an action under Title I of the Americans with Disahilities Act of 1990 (the "ADA"),

42 U.S.C. § 12101 et seq., and Title I ofthe Civil Rights Act of1991, 42 U.S.C. § 1981a, to correct

unlawful employment practices on the basis of disability, and to provide appropriate relief to Roger

L Brandt, Jr. ("Brandt") who was adversely affected by such practices. As alleged with greater

particularity below, The Valve Services Group and Allied Valvc Industries, Inc. ("Dellmdants"),

failed to interview and to hire Brandt, a qualified individual with a disability, deafness, because of

his disability.
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,JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 107(a) of the

Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incotporates by

reference Sections 706(f)(I) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42

U.S.c. § 2000e-5(f)(I) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42

U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were and are now being committed
within the jurisdiction ofthe United States District Court for the Northern District ofIllinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I ofthe ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 121 17(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VI!, 42 U.S.C. § 2000e-5(f)(l) and (3). 4. Defendants, The Allied Valve Services Group, Inc, and Allied Valve Industries, Inc., are 111inois corporations. At all relevant times, Defendants have continuously been doing business in the State of 111inois and the City of Chicago, and have continuously had at least fifteen (15) employees. 5. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.c. § 12111(5), and Section 101(7) onhe ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h)
onitlc VII, 42 U.S.C. §§ 2000e(g) and (h).
6. At all relevant times, Defendants have been a covered entity under Section 101 (2) of the ADA, 42 U.S,C. § 12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution ofthis lawsuit, Brandt filed a charge with
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the Commission alleging violations of Tille I of the ADA by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least february 2004, Defendants have engaged in unlawful employment practices in violation of Section 102(a) and 102(b)(5) ofTitie I ofthe ADA, 42 U.S.c. §§ 12112(a), (b)(5). Such practices include, but are not limited to, failing to interview and hire Brandt and failing to accommodate him.
9. The effect of the practices complained of in paragraph 8 above has been to depri ve Brandt of equal employment opportunities and otherwise adversely affect his status as an applicant for employment because of his disability.
10. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
11. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indiflhence to the fcderally protected rights of Brandt.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction cnjoining Defendants, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability. B. Order Defendants to institute and carry out policies, practices, and programs which providc equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendants to make whole Roger L. Brandt, Jr. by providing appropriate
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backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendants to make whole Brandt by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 8 and 9 above, including job search expenses, in amounts to be determined at trial.
E. Order Defendants to make whole Brandt by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraphs 8 and 9 above, including pain, suffering, emotional distress, injury to his professional reputation, inconvenience, and mental anguish, in amounts to be determined at trial.
f. Order Defendants to pay Brandt punitive damages for its malicious and reckless conduct, as described in paragraphs 8 and 9, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
II. Award the Commission its costs of this action.
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JURY TRIAL DEMANDED The Commission requests a jury trial on all questions of fact raised by the Complaint.
Respectfully submitted, Eric Drciband General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
~ ~re
Supervisory Trial Attorney
Deborah Hamilton Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street Suitc 2800 Chicago, Illinois 60661 (312) 353-7649
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 Case 1:05-cv-04593 Document 4-1 Filed 10/03/2005 Page 1 of 6

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

U.S. EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

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THE VALVE SERVICES GROUP, INC.

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d/b/a ALLIED VALVE INDUSTRIES, INC., and

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ALLIED VALVE, INC.,

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Defendants.

)

________________________________________________)

Civil Action No. 05 C 4593 JUDGE HOLDERMAN
JURY DEMAND

FIRST AMENDED COMPLAINT
NATURE OF THE ACTION This is an action under Title I of the Americans with Disabilities Act of 1990 (the “ADA”), 42 U.S.C. § 12101 et seq., and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct unlawful employment practices on the basis of disability, and to provide appropriate relief to Roger L Brandt, Jr. (“Brandt”) who was adversely affected by such practices. As alleged with greater particularity below, The Valve Services Group, Inc., doing business as Allied Valve Industries, Inc. (“Valve Services”), and Allied Valve, Inc. (“Allied Valve”) (Valve Services and Allied Valve, collectively, “Defendants”), failed to interview and to hire Brandt, a qualified individual with a disability, deafness, because of his disability.

Case 1:05-cv-04593 Document 4-1 Filed 10/03/2005 Page 2 of 6
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. Defendant The Valve Services Group, Inc., is an Ohio corporation. At all relevant times, it has been doing business continuously in the State of Illinois and the City of Chicago, and continuously has had at least fifteen (15) employees. 5. At all relevant times, Valve Services has been an employer continuously engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections
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701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 6. At all relevant times, Valve Services has been a covered entity under Section
101(2) of the ADA, 42 U.S.C. § 12111(2). 7. Defendant Allied Valve, Inc. is an Iowa corporation. At all relevant times, it has
been doing business continuously in the State of Illinois and the City of Chicago, and continuously has had at least fifteen (15) employees.
8. At all relevant times, Allied Valve has been an employer continuously engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
9. At all relevant times, Allied Valve has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. § 12111(2).
10. Allied Valve, Inc., is the successor in interest to Valve Services Group, Inc. STATEMENT OF CLAIMS
11. More than thirty days prior to the institution of this lawsuit, Brandt filed a charge with the Commission, alleging violations of Title I of the ADA by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
12. Since at least February 2004, Defendants have engaged in unlawful employment practices in violation of Section 102(a) and 102(b)(5) of Title I of the ADA, 42 U.S.C. §§ 12112(a), (b)(5). Such practices include, but are not limited to, failing to interview and hire Brandt and failing to make reasonable accommodations to his disability.
13. The effect of the practices complained of in paragraph 12 above has been to
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Case 1:05-cv-04593 Document 4-1 Filed 10/03/2005 Page 4 of 6
deprive Brandt of equal employment opportunities and otherwise adversely to affect his status as an applicant for employment because of his disability.
14. The unlawful employment practices complained of in paragraphs 12 and 13 above were intentional.
15. The unlawful employment practices complained of in paragraphs 12 and 13 above were done with malice or with reckless indifference to the federally protected rights of Brandt.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of disability. B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of their past and present unlawful employment practices. C. Order Defendants to make whole Roger L. Brandt, Jr. 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 their unlawful employment practices. D. Order Defendants to make whole Brandt by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 12 and 13 above, including job search expenses, in amounts to be determined at trial. E. Order Defendants to make whole Brandt by providing compensation for past and future no pecuniary losses resulting from the unlawful practices complained of in paragraphs 12
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Case 1:05-cv-04593 Document 4-1 Filed 10/03/2005 Page 5 of 6 and 13 above, including pain, suffering, emotional distress, injury to his professional reputation, inconvenience, and mental anguish, in amounts to be determined at trial.
F. Order Defendants to pay Brandt punitive damages for their malicious and reckless conduct, as described in paragraphs 12 and 13, 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.
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Case 1:05-cv-04593 Document 4-1 Filed 10/03/2005 Page 6 of 6
JURY TRIAL DEMANDED
The Commission requests a jury trial on all questions of fact raised by the Amended
Complaint.
Respectfully submitted,
James Lee Deputy General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
s/John Hendrickson ________________________ John C. Hendrickson Regional Attorney
s/Gregory Gochanour _________________________ Gregory Gochanour Supervisory Trial Attorney
s/Deborah Hamilton __________________________ Deborah Hamilton Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7649
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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

THE VALVE SERVICES GROUP, INC.

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d/b/a ALLIED VALVE INDUSTRIES, INC., and

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ALLIED VALVE, INC.,

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Defendants.

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________________________________________________)

Civil Action No. 05 C 4593 Judge Holderman Magistrate Judge Cole

STIPULATION OF VOLUNTARY DISMISSAL

Plaintiff U.S. Equal Employment Opportunity Commission (“EEOC”) and Defendant Allied Valve, Inc. (“Allied Valve”), constituting all of the parties who have appeared in this action, hereby stipulate to the voluntary dismissal of this action, with prejudice and without attorney fees or costs, pursuant to Rule 42(a)(1) of the Federal Rules of Civil Procedure.
Defendant Valve Services Group, Inc., has not appeared in this action. The undersigned parties respectfully request that the Court, or the Clerk of Court, pursuant to Local Rule 77.3(2), enter an order of discontinuance as to all claims.

March 21, 2006

Respectfully

_s/ Justin Mulaire___________

_s/

Justin Mulaire

S.

Trial Attorney

Attorney

U.S. Equal Employment Opportunity Commission

500 West Madison St., Room 2800

Chicago, IL 60661

Chicago,

312-353-7722

312-346-8000

Submitted,
S. Leigh Jeter______________ Leigh Jeter
to Allied Valve, Inc. Seyfarth Shaw LLP 55 East Monroe Street, Suite 4200
IL 60603

 
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CLOSED, COLE
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-04593

U.S. Equal Employment Opportunity Commission v. Valve Services Group, Inc., The et al Assigned to: Honorable James F. Holderman Cause: 42:12101 Americans with Disabilities Act

Date Filed: 08/11/2005 Date Terminated: 03/24/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Deborah Lois Hamilton Equal Employment Opportunity Commission 500 W. Madison Street Suite 2800 Chicago, IL 60661 (312)353-7722 Email: deborah.hamilton@eeoc.gov TERMINATED: 02/23/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov TERMINATED: 02/23/2006 ATTORNEY TO BE NOTICED

Jeanne B. Szromba United States Equal Employment

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V. Defendant Valve Services Group, Inc., The doing business as Allied Valve Industries, Inc.
Defendant Allied Valve, Inc.

Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7546 Email: jeanne.szromba@eeoc.gov ATTORNEY TO BE NOTICED
John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
Justin Mulaire U.S. Equal Employment Opportunity Commission Chicago District Office 500 West Madison Suite 2800 Chicago, IL 60661 312-353-7722 Fax: 312-353-8555 Email: justin.mulaire@eeoc.gov ATTORNEY TO BE NOTICED
represented by Sheldon Leigh Jeter Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 (312) 460-5000 Fax: (312) 460-7000 Email: ljeter@seyfarth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Allied Valve, Inc.

Alison Bowman Willard Morgan, Lewis & Boccius LLP 77 West Wacker Drive 6th Floor Chicago, IL 60601 (312) 324-1000 Email: awillard@morganlewis.com ATTORNEY TO BE NOTICED

Date Filed 08/11/2005 08/11/2005 08/11/2005
10/03/2005
10/31/2005 11/02/2005 11/03/2005 11/09/2005
11/30/2005 12/09/2005
12/13/2005

#

Docket Text

1 COMPLAINT filed by U.S. Equal Employment Opportunity Commission; Jury Demand.(lcw, ) (Entered: 08/12/2005)
2 CIVIL Cover Sheet. (lcw, ) (Entered: 08/12/2005)
3 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by Gregory M. Gochanour, Deborah Lois Hamilton, John C. Hendrickson. (lcw, ) (Entered: 08/12/2005)
4 First AMENDED complaint by U.S. Equal Employment Opportunity Commission against all defendants (Attachments: # 1 Notice of Filing)(Hamilton, Deborah) (Entered: 10/03/2005)
5 ATTORNEY Appearance for Defendant Allied Valve, Inc. (Willard, Alison) (Entered: 10/31/2005)
6 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by Justin Mulaire (Mulaire, Justin) (Entered: 11/02/2005)
7 ATTORNEY Appearance for Defendant Allied Valve, Inc. by Sheldon Leigh Jeter (Jeter, Sheldon) (Entered: 11/03/2005)
8 WAIVER OF SERVICE returned executed by U.S. Equal Employment Opportunity Commission. Allied Valve, Inc. waiver sent on 11/2/2005, answer due 1/1/2006. (Mulaire, Justin) (Entered: 11/09/2005)
9 SUMMONS Issued as to Defendant Valve Services Group, Inc., The (cdy, ) (Entered: 12/05/2005)
10 MINUTE entry before Judge James F. Holderman : Status hearing set for 1/24/2006 at 09:00 AM. Plaintiff's counsel to notify defendant's counsel of status date. Mailed notice (mak, ) (Entered: 12/09/2005)
11 AFFIDAVIT of Service filed by Plaintiff U.S. Equal Employment Opportunity Commission regarding summons and amended complaint served on Valve Services Group on 12/5/2005 (Mulaire, Justin) (Entered: 12/13/2005)

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12/28/2005 12/28/2005 12/28/2005 01/12/2006 01/24/2006
02/01/2006 02/01/2006 02/08/2006 02/08/2006 02/08/2006 02/15/2006 02/23/2006

12 Defendant Allied Valve, Inc.'s ANSWER to amended complaint (first amended complaint) by Allied Valve, Inc.(Willard, Alison) (Incorrect PDF Attached) Modified on 12/28/2005 (gma, ). Additional attachment(s) added on 12/28/2005 (gma, ). (Entered: 12/28/2005)
13 Defendant Allied Valve, Inc.'s ANSWER to amended complaint (First Amended Complaint) by Allied Valve, Inc.(Willard, Alison) (Entered: 12/28/2005)
14 NOTICE of Correction regarding answer to amended complaint12 (Incorrect PDF Attached) (gma, ) (Entered: 12/28/2005)
15 JOINT INITIAL STATUS Report by U.S. Equal Employment Opportunity Commission (Mulaire, Justin) (The text of the entry has been edited by the Clerk's Office to match the title of the document.) Modified on 1/13/2006 (cem, ). (Entered: 01/12/2006)
16 MINUTE entry before Judge James F. Holderman : Status hearing held. Court adopts dates on Form 35. Plaintiff is given to and including 03/06/06 to amend all pleadings and to add any additional parties. Defendant is given to and including 03/21/06 to amend all pleadings and to add any additional parties. Parties shall comply with FRCP(26)(a)(2) by 06/05/06. Any rebuttal reports due 07/07/06. Discovery ordered closed by 7/21/2006. Dispositive motions with supporting memoranda due by 8/21/2006. Responses due by 9/11/2006. Replies due by 9/25/2006. Pretrial Order due by 11/9/2006. Motions in limine with supporting memoranda due by 11/9/2006 and are to filed individually and separately from the Final Pretrial Order. Responses to motions in limine due by 11/15/2006. Pretrial Conference set for 11/16/2006 at 04:00 PM. Jury Trial set for 11/27/2006 at 09:00 AM. Case set for further status 2/23/2006 at 09:00 AM. Mailed notice (mak, ) (Entered: 01/29/2006)
17 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by Jeanne B. Szromba (Szromba, Jeanne) (Entered: 02/01/2006)
18 ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commission by Diane Ilene Smason Notice of Filing and Appearance of Diane I. Smason (Smason, Diane) (Entered: 02/01/2006)
19 MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to withdraw appearances of Gregory M. Gochanour and Deborah L. Hamilton (Mulaire, Justin) (Entered: 02/08/2006)
20 NOTICE of Motion by Justin Mulaire for presentment of motion to withdraw19 before Honorable James F. Holderman on 2/23/2006 at 09:00 AM. (Mulaire, Justin) (Entered: 02/08/2006)
21 CERTIFICATE of Service by Plaintiff U.S. Equal Employment Opportunity Commission (Mulaire, Justin) (Entered: 02/08/2006)
22 NOTICE of Affiliates pursuant to Local Rule 3.2 by Allied Valve, Inc. (Willard, Alison) (Entered: 02/15/2006)
23 MINUTE entry before Judge James F. Holderman : Plaintiff EEOC's motion for leave to withdraw counsel of 2/8/06 19 is granted. The appearances for EEOC Gregory M. Gochanour and Deborah L. Hamilton are withdrawn. The case is set for a report on status on 3/30/06 at 9:00am for a report on status. The date for

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03/21/2006

defendant's Value Service's answer with the set at the 3/30/06 status. Attorney Gregory M. Gochanour and Deborah Lois Hamilton terminated. Mailed notice (cdy, ) (Entered: 02/24/2006)
24 STIPULATION of Dismissal as to all claims (Mulaire, Justin) (Entered: 03/21/2006)

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