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

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
Vt
CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, INC. Defendant.

1 1 ZO0

)

)

JURY DEMAND

)

) MAGISTRATE JUDGE ASHMAN

NATURE OF TYIE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e etseq. ("Title VII"), and Title I of the CiviI Rights Act of 1991, 42 U.S.C. § 1981a, to correct unlawful employment practices based on race and to provide appropriate relief to L.C. Alexander, Craig Boddy, Darren Brewer, Robert Cherry, III, Larry Graham, Robert C.Griffin, Tyrone Harris, Kelvin Jones, Paul E. Jones, Kenneth King, Elmo McKinney, Jr., Vincent Nance, Frank Singletary, and Frederick Swain ("Charging Parties") and a class of African American employees who were adversely affected by such practices. Defendant Consolidated Freightways Corporation of Delaware, Inc. ("Consolidated Freightways"or "Defendant") discriminated against Charging Parties and a class of African American employees because of their race by maintaining a racially hostile and offensive work environment.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) and Section 707(e) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3) and §2000e-6(e).
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
PARTI~S 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)(I) and (3) and Section 707(e) of Title VII, 42 U.S.C. § 2000e-5(f)(I) and (3) and §2000e-6(e). 4. At all relevant times, Defendant has been continuously doing business in the City of Chicago, State of Illinois, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Defendant has been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g), and (h) of Title VII, 42 U.S.C. § § 2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to tire institution of this lawsuit, Charging Parties filed charges with the Commission aileging violations of Title VII by Consolidated Freightways. All conditions precedent to the institution of this lawsuit against the Defendant have been fulfilled. 7. Since at least 1994, Defendant engaged in unlawful employment practices at its Bridgeview, B eford Park, and Des Plaines, Illinois facilities, in violation of Sections 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a). Such unlawful employment practices include, but are not limited to: A. Discriminating against Charging Parties and other African American employees

because of their race by subjecting them to harassment of a racial nature and creating and maintaining an abusive and hostile work environment. B. Creating and maintaining a racially hostile work environment by, among other things, permitting employee restrooms, to remain covered with racially offensive graffiti and by refusing to take effective action to remove such graffiti and prevent its recurrence. C. Creating and maintaining a racially hostile work environment by, among other things, permitting hangman nooses in its facilities and prevent its recurrence. 8. From at least 1994 Defendant engaged in a pattern or practice of failing to remedy or correct the racial harassment and the hostile and offensive work environment referenced in Paragraph 7. 9. The effect of the aforementioned practices of Defendant has been to deprive Charging Parties and a class of African American employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race. 10. The unlawful employment practices complained of in Paragraphs 7 and 8 above were and are intentional. 11. The unlawful employment practices complained of in Paragraphs 7 and 8 above were and are done with malice or with reckless indifference to the federally protected rights of Charging Parties and other African American employees of the Defendant.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. grant a permanent injunction enjoining Consolidated Freightways, its 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 race or which constitutes racial harassment;
B. order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities regardless of race and which eradicate the effects of its unlawful employment practices;
C. order Defendant to make whole Charging Parties and a class of African Ameican employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraphs 7 and 8 above, in amounts to be determined at trial;
D. order Defendant to make whole Charging Parties and a class of African American employees by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in Paragraphs 7 and 8 above, including emotional pain, suffering, and humiliation, in amounts to be determined at trial;
E. order Defendant to pay to Charging Parties and a class of African American employees punitive damages for its malicious and reckless conduct, as described in Paragraphs 7 and 8 above, in amounts to be determined at trial;
F. grant such further relief as the Court deems necessary and proper in the public interest; and
G. award the Commission its costs in this action.

JURY TRIAL DEMAND
The Commission requests a jury trial on a~! questions of fact raised by the Complaint.
Respectfully submitted,
Nicholas M. Inzeo Acting Deputy General Counsel
Gwendolyn Young Reams Associate GeneraI Counsel
Equal Employment Opportunity Commission / ¯
Ko~ "c" ~_~. ~. ~w/

/

fl~h~ C. Hel/f~ckson

l~o~lle Brennan ’ Supervisory Trial Attorney
Lauren G. Drelhnger Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661
(312) 353-7303

Civil

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
Civil Cover Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use ~ in the Northern District of Illinois.

Plaintiff(s): United States Equal EmploymentDcfendant(s):Consolidated Freightways

Opportunity Commission

Corporation of Delaware, Inc.

County of Residence:

County of Residence:

D~{~T[D

Plaintiffs Atty: Lauren G. Dreilinger Equal Employment Opportunity Commission 500 W. Madison St., Suite 2800 Chicago, IL 60661 312-353-7303

Defendant’s Atty:

~Af~ 1 1 _2003
Lisa A. McGarrity Franczeck Sullivan 300 S. Wicker Dr., Suite 3400 Chicago, IL 60606 312-986-0300

II. Basis of Jurisdiction: 1. U,S. Gov’t Plaintiff

III. Citizenship of Principal
Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

IV. Origkn. :

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

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

Section 2000 et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. Section 1981(a), to correct unlawful employmnet

practices based on race to to provide appropriate relief.

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII.,This case IS NOT a refiling of a previously dismissed case.

Signature: ~~ ~’~,
1 of 2

3/7/03 2:07 PM

In the Matter of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OFILLINOIS
~g~!~B

U.S. Equal Employment Opportunity Commissiol~/~R 1 1 2~3

v.

Case Number:

~Co~,n~.o.l..i.d~ated FreightwaysT_ ~ Corporation of

0 S C 1 7 1 4

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S)FO:~uDI

U.S. Equal Employment Opportunity Commission

~ ~NDERSEN

(A)
SIGNATURE

NAME Lauren Dreilinger

FIRM Equal Employment Opportunity Commission

STREET ADDRESS
500 W. Madison, Suite 2800

CITYIS’I’AT E/ZIP Chicago, IL 60661

TELEPHONE NUMBER
312-353-7303

FAX NUMBER
312-353-8555

E-MAIL ADDRESS lauren.dreilinger@eeoc.gov

IDENTIFICATION NUMBER (SEE ITEM 40NREVERSE)
ARDC No. 06274840

Equal Employment Opportunity Commission

SVBEE~A/~?S 500 W. Madison, Suite 2800 Chicago, IL 60661

TELEPHONE NUMBER
312-353-8551

FAX NUMBER
312-353-8555

E-MAlL ADDRESS john.hendrickson@eeoc.gov

mENTIFICATtON NUMBER (S,EE ITEM 4 ON REYERSE) ARDC No. 01187589

MEMI3ER OF TRIAL BAR?

YES []

NO

[]

TKIAL ATTORNEY?

YES []

NO

[]

DESIGNATE D AS LOCAL COUNSEL?

YES []

NO

[]

.~,q ~ ~_ .-. (B)

NAME Noelle C. Brerman

FIRM Equal Employment Opportunity Commission

STREET ADDRESS
500 W. Madison, Suite 2800

CITY/STATE/ZIP Chicago, IL 60661

TELEPIIONENUMBER

[ FAX NUMBER

312-353-7582

I

312-353-8555

’ E-MAIL ~DDRESS noelle.brennan@eeoc.gov

IDE]qTIFICATION NUMBER (SEE ]TEM a ON REVERSE)
ARDC No. 06228901

MEM~IER OF TRIAL BAR?

YES

[] NO []

TRIAL ATTORNEY?

YES

[] NO []

DESIGNATED AS LOCAL CouNSEL7 SIGNAT~JRE

(O)

NAME FI RM

STREET ADDRESS CITY/STATEgZIP

TELEPHONE NUMBER E-MAIL ADDRESS

FAX NL~BER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MBMBC.K OF TRIAL BAR? TRIAL ATTORNEY? DESIGNATED AS LOCAL COUNSEL?

w~ [] NO []

YES

[] NO

 
 FILe 0

IN THE UNITED STATES DISTRICT COURT

AUG 262004
II'--

FOR

THE

NORTHERN DISTRICT OF EASTERN DIVISION

ILLINOCILSEI.R1K/C, HuA.sI.LD/W8TDR/OClT'b~~Rr

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, INC.
Defendant.

)

)

)

)

No. 03 C 1714

)

)

Judge Andersen

)

)

)

Magistrate Judge Ashman

)

)

)

SETTLEMENT AGREEMENT

tWlU~~r~i,l0fJ'~I\ff"'~~iInF~ AUG :3 () 2.004

This Settlement Agreement is entered into between the Equal Employment Opportunity

Commission ("EEOC") and Consolidated Freightways Corporation of Delaware, Inc.

("Consolidated Freightways") on or about August 26, 2004.

Whereas, the EEOC filed this action on March 10, 2003, alleging that Consolidated

Freightways discriminated against a class of African American employees because of their race by

maintaining a racially hostile and offensive work environment at its Bridgeview, Bedford Park and

Des Plaines, Illinois;

Whereas, Consolidated Freightways denies the allegations in EEOC's complaint;

Whereas, on September 3, 2002, Consolidated Freightways filed petitions for relief and

liquidation under chapter 11 of the United States Code in the United States Bankruptcy Court for

the Central District of California, Riverside Division (the "Bankruptcy Court"), Case No. RS-02-

24284-MG (the "Bankruptcy Case");

Whereas, on November 18, 2002, the EEOC filed proof of claim number 001869 with the

'-
Bankruptcy Court (a copy of which is attached hereto as Exhibit A); and Whereas, in the interest of resolving this matter without further litigation and as a result of
comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by execution of this Agreement NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT I. This Agreement fully and finally resolves any and all issues and claims arising out of the Complaint filed by the EEOC in this action. 2. This Agreement is not an admission by any party of the claims or defenses of the other. 3. Upon receipt by Consolidated Freightways of an executed Release Agreement in the form attached hereto as Exhibit B, by each of the 17 Charging Parties identified below, each Charging Party shall have an allowed unsecured pre-petition claim in the amount of$77,500.00 -the aggregate of all 17 claims is $1,317,500.00 (the "Allowed Claim"). The Proof of Claim shall be deemed amended to reflect these amounts. The Allowed Claim shall be entitled to the same treatment as other similar unsecured pre-petition claims under any plan of liquidation that is ultimately confirmed in the Consolidated Freightways chapter 11 cases. The EEOC acknowledges the sufficiency of the treatment described above as full and complete satisfaction of any and all claims, including claims for actual and compensatory damages, punitive damages, and attorneys' fees and costs, which it has in this lawsuit 5. The Charging Parties are as follows:
2

a) L.C. Alexander

b) Craig Boddy

c)

Darren Brewer

d) Robert Cherry III

e) Larry Graham:

f) Robert C. Griffin

g) Tyrone Harris

h) Kelvin Jones

i) Paul E. Jones

j) Kenneth King

k) Elmo McKinney, Jr.

I) Vincent Nance

m) Frank Singletary

n) Frederick Swain

0) Stanley N. Moore

p) Vernard Lockhart

q) Carithel Storay, III

6. Consolidated Freightways hereby represents and warrants that this Agreement was submitted to and approved by the Bankruptcy Court. Consolidated Freightways hereby agrees to cooperate with the EEOC in effectuating the provisions of this Agreement.
7. Each party to this Agreement shall bear its own expenses, costs and attorneys' fees.
3

8. The terms of this Agreement are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors ofthe parties.
9. Other than as stated herein, the parties understand, warrant and agree that this Agreement supersedes and renders null and void all previous agreements of any kind between the parties. The parties further warrant and agree that no promise or inducement has been offered for this Agreement other than as set forth herein.
10. This Agreement may be executed in duplicate originals, each of which is equally admissible into evidence.
11. The parties agree and acknowledge that the Court shall retain continuing jurisdiction to enforce the terms ofthis Agreement.
4

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124

For CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE
Name:_ _ _ _ _ _ _ _ _ __ Title:_ _ _ _ _ _ _ _ _ __

5

AUG-09-2004 15:28
AUG. 9.20041 11 :46AM

FRANCZEK SULLIVAN P C FRANCZE:K SLILLIVAN P C

Jun-2!-04 01:45pm From-LEGAL
I

For the EQUAL EMP!.OYl\1ENT OPl'ORn.TNITY CO'MMlSS10N 500 West Madison Street Suite 2800
Chicago, IL 60661
(312) 886-9124

John C. Hendrickson Regional Attorney
Gregory M. Gooha!l.Our Supervisory Trial Attorney

, ,. '~'. '''''''''3.''~

3129869192 P.02/02
31 NO. 75 66~ P. 27/08
T-183 P.OOI/OOe F-ZS8

5

...

...'

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

CONSOLIDATED FREIGHTWAYS

)

CORPORATION OF DELAWARE, INC. )

)

Defendant.

)

)

CIVIL ACTION NO. 03 C 1714
Judge Andersen Magistrate Judge Ashman

RELEASE AGREEMENT

For and in consideration of payment, if any, to be made from Consolidated Freightways

Corporation of Delaware, Inc. ("Consolidated") as determined by the Bankruptcy Court in

respect of my $77,500.00 claim ("My Claim"), pursuant to a Settlement Agreement entered by

the Court in EEOC v. Consolidated Freightways Corporation ofDelaware, Inc.. , Civil Action

No. 03 C 1714 (N.D. IlL), I,

, hereby release and forever

discharge Consolidated, its successors, parent, related corporate entities, affiliates, their assigns,

directors, officers, employees and representatives from all claims, demands and causes of action

(including claims for actual and compensatory damages, punitive damages, and attorneys' fees

and costs) which the undersigned now has or has had against Consolidated under Title VII of the

Civil Rights Act of 1964, as amended, as a result of or arising from the subject matter and claims

asserted by the EEOC in EEOC v. Consolidated Freightways Corporation ofDelaware, Inc.. ,

Civil Action No. 03 C 1714 (N.D. IlI.), or which could have been raised by EEOC therein (the

"Released Claims"). I hereby further acknowledge and agree that My Claim shall be entitled to

the same treatment as other similar unsecured pre-petition claims under any plan of liquidation

that is ultimately confirmed in the Consolidated chapter 11 cases, and that the foregoing

treatment of My Claim shall constitute full and complete satisfaction of my Released Claims. I

hereby warrant that none of my Released Claims have been assigned or otherwise given to any

other person or entity. I hereby agree and acknowledge that this Release Agreement shall be

interpreted, construed and enforced under the laws of the State of Illinois.

Date: - - - - - -

Signed: _ _ _ _ _ _ _ _ _ __ Print Name: _ _ _ _ _ _ _ _ __

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?724205496473092-L_35...
ASHMAN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:03-cv-01714

EEOC v. Cons Freightways Assigned to: Hon. Wayne R. Andersen Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/10/2003 Date Terminated: 08/29/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Lauren G Dreilinger United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 LEAD ATTORNEY 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

Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com TERMINATED: 12/12/2003

V. Defendant

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Consolidated Freightways Corporation of Delaware, Inc.

represented by Lisa Anne McGarrity Franczek Sullivan P.C. 300 South Wacker Drive Suite 3400 Chicago, IL 60606-6785 (312) 986-0300 Email: lam@franczek.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey Scott Nowak Franczek Sullivan P.C. 300 South Wacker Drive Suite 3400 Chicago, IL 60606-6785 (312) 986-0300 Email: jsn@franczek.com ATTORNEY TO BE NOTICED
Michael A. Warner, Jr. Franczek Sullivan P.C. 300 South Wacker Drive Suite 3400 Chicago, IL 60606-6785 (312) 986-0300 Email: maw@franczek.com ATTORNEY TO BE NOTICED

Date Filed 03/10/2003
05/22/2003 05/22/2003 06/06/2003 06/24/2003 07/07/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Lauren G. Dreilinger, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) (Entered: 03/11/2003)
2 REFERRAL ORDER: Case referred to Hon. Martin C. Ashman for discovery supervision , discovery motions Mailed notice. (tsa) (Entered: 05/22/2003)
3 WAIVER of service of summons as to defendant Cons Freightways sent on 5/6/03. (yp) (Entered: 05/23/2003)
SCHEDULE set on 6/6/03 by Hon. Martin C. Ashman : Status hearing set to 10:00 6/24/03 in courtroom 1386. Mailed notice (is) (Entered: 06/06/2003)
SCHEDULE set on 6/24/03 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 8/26/03 . Mailed notice (is) (Entered: 06/24/2003)
4 ANSWER by defendant and affirmative defenses to plaintiff's complaint [1-1] (lc) (Entered: 07/08/2003)

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07/07/2003 08/26/2003 11/14/2003 12/03/2003 12/12/2003 01/13/2004 01/29/2004 03/11/2004 03/19/2004 04/12/2004
04/30/2004
08/26/2004 08/26/2004 08/29/2004

5 ATTORNEY APPEARANCE for defendant by Lisa Anne McGarrity, Michael A. Warner Jr., Jeffrey Scott Nowak (lc) (Entered: 07/08/2003)
SCHEDULE set on 8/26/03 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 11/14/03. Exchange of initial disclosures by 9/30/03. Mailed notice (is) (Entered: 08/26/2003)
SCHEDULE set on 11/14/03 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 1/15/04 . Mailed notice (is) (Entered: 11/14/2003)
6 WITHDRAWAL by plaintiff's counsel of appearance of Noelle C. Brennan; Notice. (lc) (Entered: 12/04/2003)
7 MINUTE ORDER of 12/12/03 by Hon. Wayne R. Andersen : Noelle C. Brennan is given leave to withdraw her appearance. Mailed notice (lc) (Entered: 12/15/2003)
SCHEDULE set on 1/13/04 by Hon. Martin C. Ashman : Status hearing reset to 10:00 1/29/04 . Mailed notice (is) (Entered: 01/13/2004)
SCHEDULE set on 1/29/04 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 3/11/04 . Mailed notice (is) (Entered: 01/29/2004)
SCHEDULE set on 3/11/04 by Hon. Martin C. Ashman : Status hearing reset to 10:00 3/19/04 . Mailed notice (is) (Entered: 03/11/2004)
SCHEDULE set on 3/19/04 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 4/29/04 . Mailed notice (is) (Entered: 03/19/2004)
SCHEDULE set on 4/12/04 by Hon. Martin C. Ashman : Settlement conference set for 2:00 5/7/04. Status hearing reset to 10:00 5/13/04. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further details see attached standing order). Mailed notice (is) (Entered: 04/12/2004)
8 MINUTE ORDER of 4/30/04 by Hon. Martin C. Ashman : The court having been notified that the case has settled, settlement conference of 05/07/04 and status hearing of 05/13/04 are stricken. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Stipulation to dismiss to be filed by the parties Terminating the case referral to Hon. Martin C. Ashman. Mailed notice (lc) (Entered: 05/03/2004)
9 AGREED MOTION by plaintiff for entry of order of dismissal and settlement agreement ; Notice. (lc) (Entered: 08/30/2004)
10 SETTLEMENT AGREEMENT by parties. (lc) (Entered: 08/30/2004)
11 MINUTE ORDER of 8/29/04 by Hon. Wayne R. Andersen : Agreed motion for entry of order of dismissal and settlement agreement is granted [9-1]. The parties agreed that this Court shall retain continuing jurisdiction to enforce the terms of the Settlement Agreement. Parties need nto appear on 09/02/04, which is when this motion was set to be heard terminating case. (Entered Agreed Order of Dismissal.) Mailed notice (lc) (Entered: 08/30/2004)

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