IN THE UNITED STATES DISTRICT COTJ~~u.sF;lJmfc.PuRT

FOR THE EASTERN DISTRICT OF ARK.AN'SX'SERN DISTRICT ARKANSAS

NORTHERN DIVISION

JUL 1 a 1998

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
JAYCO ACQUISITION AND HOLDING CO., INC., d/b/a COMPTON'S OAK GROVE LODGE, INC.,
Defendants.

)

JAMES W McCClI'lMACi(j CL.EfiK

)

By: _ _ _ _ _-;;:=..,..,....~

)

DEP CU:'RK

)

)

CIVIL ACTION NO.

) )

B-C. 98- 6 5

)

)

COMPLAINT

) JURY TRIAL DEMANDED

)

this case assigned to District Judge --T....L....;...:....:...T___

and to MagIStrate Judge -----1t..:e:i~IrJ----
NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment

Act (lithe ADEA"), as amended, 29 u.s.c. SS621 g ~., to correct

unlawful employment practices on the basis of age and to provide

appropriate relief to Dollie Henderson, who was terminated by

Defendant because of her age (71).
JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28

U.S.C. SS 451, 1331, 1337, 1343 and 1345. This action is

authorized and instituted pursuant to Section 7 (b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C.

S 626(b), which incorporates by reference S16(c) of the Fair Labor

Standards Act of 1938 (lithe FLSA"), as amended, 29 U.S.C. S216(c).

2. The unlawful employment practices alleged below were and

are now being committed within the jurisdiction of the United

states District Court for the Eastern District of Arkansas,

Northern Division.

DOCUMENT
NUMBER
I
JMIE8 W.1laCQ1WIICK ClERK OF COURT

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (tithe Commission"), is an agency of the United states of America charged with the administration, interpretation, and enforcement of the ADEA and is expressly authorized to bring this action by section 7(b) of the ADEA, 29 U.S.C. § 626(b), as amended. 4. At all relevant times, Defendant JAYCO AQUISITION AND HOLDING CO., INC. ("JAYCO") has continuously been an Arkansas corporation doing business in the State of Arkansas and the city of Mountain View, and has continuously had at least 20 employees. At all relevant times, Defendant Compton's Oak Grove Lodge, Inc. ("Compton'sll) has continuously been an Arkansas corporation doing business in the State of Arkansas and the City of Mountain View, and has continuously had at least 20 employees. Defendant Compton's is a wholly owned subsidiary of Defendant JAYCO. 5. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections ll(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630 (b), (g), and (h).
CONCILIATION 6. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference and persuasion within the meaning of section 7 (b) of the ADEA, 29

U.S.C. § 626(b).

STATEMENT OF CLAIMS

7.

Since at least November, 1993, Defendants have engaged

in unlawful employment practices at their Mountain View, Arkansas,

facility, in violation of section 4(a) (1) of the ADEA,

29 U.S.C. § 623 (a)(1). These unlawful employment practices

include terminating Dollie Henderson because of her age (71).

8. The effect of the practices complained of in paragraph 7

above has been to deprive Dollie Henderson of equal employment

opportunities and otherwise adversely affect her status as an

employee because of her age.

9. The unlawful employment practices complained of in

paragraph 7 above were willful within the meaning of section 7(b)

of the ADEA, 29 U.S.C. § 626(b).

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this

Court:

A. Grant a permanent injunction enjoining Defendants and

their 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 age against

individuals 40 years of age and older.

B. Order Defendants to institute and carry out policies,

practices and programs which provide equal employment opportunities

for individuals 40 years of age and older, and which eradicate the

effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendants to pay appropriate
back wages in an amount to be determined at trial, and an equal sum as liquidated damages, to individuals who were adversely affected by the unlawful practices described above, including but not limited to Dollie Henderson.
E. Order Defendants to make whole all individuals adversely affected by the unlawful practices described above, by providing the affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to rightful place reinstatement and seniority.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact

raised by its complaint.

July --1.1:!...., 1998

GREGORY C. STEWART General Counsel

KATHARINE W. KORES Regional Attorney

TERRY CK supervisory Trial Attorney

STEVEN W. DILLS Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1407 Union Avenue, suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0136

 
 FILED
u.s. DISTRICT COURT
EASTERN DISTRICT ARKANSAS

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS

-oCl t 5 1998

EQUAL EMPLOYMENT

BATESVILLE DIVISION *

JAMES W.rCG:J3lCK. CLERK

By: \"

q [\ (\.;'\.Q",

DEP CLERK

OPPORTUNITY COMMISSION,

*

Plaintiff

*

* .

VS.

*

*

JAYCO ACQUISITION AND

*

HOLDING CO., INC., d/b/a

*

COMPTON'S OAK GROVE LODGE, *

Defendant

*

NO. B-C-98-65

ORDER
The Equal Employment Opportunity Commission ("EEOC") brings this action under the Age Discrimination in Employment Act ("ADEN) to correct alleged age-based discriminatory employment practices of the defendants, Jayco Acquisition and Holding Co., Inc. ("Jayco") d/b/a Compton's Oak Grove Lodge ("Compton's"). Jayco filed a 12(b)(6) motion to dismiss [Docket No.2]. The EEOC responded to the motion [Docket No.4] and Jayco replied to the response [Docket No.6}. The motion is ready for review; and after careful consideration, the Court denies the motion.

In deciding whether to dismiss a complaint for failure to state a claim, the Court must test whether any of the plaintiffs allegations establish a cause of action entitling legal relief. See Springdale Educ. Ass'n v. Springdale Sch. Dis!., 133 F.3d. 649, 651 (8th Cir. 1998). Under the Federal Rules of Civil Procedure, plaintiffs need only set forth a short and plain statement of a claim unless a particular claim requires pleading with heightened particularity under Rule 9(b). See FED. R. CIV. P. 8(a). Rule 9(b) does not require heightened pleading for claims brought under the ADEA.
Additionally, the Court must accept the factual assertions in a complaint as true and interpret those facts in a light most favorable to the plaintiff. See id. Finally, the plaintiff's complaint "should not be dismissed unless it appears beyond a doubt the plaintiff can prove no set of facts in support of his claim that would demonstrate an entitlement to relief. Id.
In its complaint, the EEOC alleges that Jayco and Compton's engaged in unlawful employment practices, including terminating Dollie Henderson ("Henderson") because of her age. Jayco asserts that Compton's, not Jayco, employed Dollie Henderson and that Jayco is not a proper party to this action. Jayco contends that the EEOC named Jayco as a defendant only because Compton's is a wholly-owned subsidiary of Jayco. Further, Jayco maintains that the EEOC failed to allege any facts establishing a basis for treating Jayco and Compton's as one entity.
The ADEA makes it unlawful for an employer to "discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age. " 29 U.S.C. §
2

623. Further, the Act gives the EEOC authorization to bring actions to enforce provisions of the ADEA. In its complaint, the EEOC alleges that Jayco, as an employer, engaged in unlawful employment practices that violated the ADEA, including terminating Henderson. The EEOC's allegation sets forth a plain statement of a claim which, if true, would entitle legal relief. Therefore, the Court should and hereby does deny Jayco's motion to dismiss the EEOC's complaint against it.

-P'--

/5 IT IS SO ORDERED THIS

DAY OF OCTOBER, 1998

fHIS DOCUMENT ENTERED ON DOCKET SHEET IN

9t ::C·MPUANCE WITH

58 AND/OR 79(a) FRCP i

IOjjl;j.;, JZS:: .. IN

BY

3

 
 , -

FILED
u.s. DISTRICT COURT

EASTERN DISTRICT ARKANSAS

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

MAY 0 ., 1999

NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

1. JAMES MCG~MACI<, CLERK
By: \r I ~ \J £\ Ar\ 0 "--

COMMISSION,

)

OEP CLERK

)

Plaintiff,

)

)

CIVIL ACTION NO.

v.

)

JAYCO ACQUISITION AND HOLDING CO., INC., d/b/a COMPTON'S OAK GROVE LODGE, INC.,

)

B-C-98-65

)

)

) JURY TRIAL DEMANDED

)

Defendants.

)

CONSENT DECREE

This lawsuit was filed by the Equal Employment Opportunity Commission (lithe Commission") against JAYCO Acquisition and Holding Co., Inc., d/b/a Compton's Oak Grove Lodge, Inc. on July 13, 1998, under the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621, et seq. (lithe ADEA"). The lawsuit alleges that Defendant terminated Dollie Henderson because of her age (then 71) . Defendant denies these allegations.
This Consent Decree does not constitute an admission by Defendants of the allegations in the Complaint. The parties to this action desire to avoid the expenses of further litigation and, accordingly, have agreed to settle all issues between them.
In the event this proposed Consent Decree is not approved or does not become final, it shall not be admissible in evidence in any subsequent proceeding in this action.
The Court has reviewed the terms of the proposed Consent Decree in light of the applicable laws and regulations, and hereby

approves the Consent Decree. THEREFORE, it is ORDERED: I. JURISDICTION The United States District Court for the Eastern District of
Arkansas, Northern Division, has jurisdiction over the parties and subject matter of this litigation and will retain jurisdiction over this Decree for purposes of enforcement and dispute resolution.
II. SCOPE AND DURATION OF CONSENT DECREE
A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint in this cause and Charge of Discrimination No. 251-95-0401, filed by Dollie Henderson with the Commission. Notwithstanding any provisions contained in this Consent Decree, this Decree shall not be considered to be dispositive of any other lawsuit or charge of discrimination now pending before any office of the Commission.
B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action through December 31, 2000.
III. INJUNCTIVE RELIEF Defendants, their officers, agents, employees, and all persons acting in concert with Defendants are hereby enjoined from terminating or otherwise discriminating against any individual with respect to his or her terms, conditions, or privileges of employment because of the individual's age over 40.
2

IV. NON-RETALIATION PROVISION
Defendants, their officers, agents, emplo¥ees, and all persons acting in concert with Defendants shall not take any retaliatory measure, against any employee for opposing practices made unlawful under the ADEA, for filing a charge of discrimination or otherwise making a complaint to the Commission, or for testifying, assisting or participating in any manner in any investigation, proceeding or hearing under the ADEA.
V. NOTICE
Defendants shall conspicuously post at their facilities the notice required to be posted by 29 U.S.C. Section 627.
Defendants shall conspicuously post at their facilities the notice attached to this decree for a period of one year.
VI. INDIVIDUAL RELIEF
A. Defendants will pay a total of twenty thousand dollars ($20, 000. 00) back pay and liquidated damages, less appropriate withholdings for federal and state income tax and social security, to Dollie Henderson. Payment shall be by check made payable to Dollie Henderson and mailed to Dollie Henderson, HC 72, Box 113, Mountain View, AR 72560.
Defendants shall mail a copy of the check to the Commission at the following address:
Regional Attorney Equal Employment Opportunity
Commission 1407 Union Avenue, Suite, 621 Memphis, Tennessee 38104
3

VI. COSTS
Each of the parties shall bear its own costs, including
v< attorneys' fees.
APPROVED THIS S n DAY OF ~2i'-"J-J.U...."""-]T-_______ _ , 1998.

FOR DEFENDANTS:
-"7-~L----.:u;-----:I'_tf---- , - - , - - - - - - - - -
TION AND HOLDING

~~
SUSAN WEBBER WRIGHT UNITED STATES DISTRICT JUDGE
FOR THE COMMISSION:
c. GREGORY STEWART
General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
~R~i~~
Regional Attorney

,
Attorney for Defendants (501) 372-6555

fHlS DOCUMENT ENTERED ON DOCKET SHEET IN

CQUPUANCE ~TH RULE 58 AND/OR 79(a) FRCP

'IN S--~~ rfj

BY_JZt;:""+_ - __

TERRY BtCK Supervisory Trial Attorney
STEVEN W. DILLS Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0136

4

NOTICE 1. This Notice to all employees of JAYCO ACQUISITION AND HOLDING
CO., INC. is being posted as part of the remedy agreed to between JAYCO and the Equal Employment Opportunity Commission in settlement of a complaint of employment discrimination. 2. Federal law requires that there be no discrimination against any employee because of age over 40. 3. JAYCO ACQUISITION AND HOLDING CO., INC. supports and will comply with such Federal law in all respects and will not terminate or otherwise discriminate against any employee on the basis of age over 40 and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity commission and/or testified, assisted or participated in any manner in any investigation, proceeding or hearing under the Age Discrimination in Employment Act, as amended. 3. The posting of this Notice by the JAYCO ACQUISITION AND HOLDING CO., INC. does not constitute an admission of any violation of Federal law. 4. This Notice shall be posted by JAYCO ACQUISITION AND HOLDING CO., INC. for one year.
f
I

F I L E COP Y vjt
UNITED STATES DISTRICT COURT Eastern District of Arkansas u.S. Post Office & Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
May 4, 1999
* * MAILING CERTIFICATE OF CLERK * *
Re: 1:98-cv-0006S.
True and correct copies of the attached were mailed by the clerk to the following:
Susan Lorraine Keller, Esq. Perroni & James 801 West Third Street Little Rock, AR 72201-2103
Patrick R. James, Esq. Perroni & James 801 West Third Street Little Rock, AR 72201-2103
Samuel A. Perroni, Esq. Perroni & James 801 West Third Street Little Rock, AR 72201-2103
Steven W. Dills, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
Katharine W. Kores, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
cc: press, post

 
 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION

[-:_' 1 J. !]9~
JAME~ W il/l GUK!ytAGK. CLERK By: \ , - - \ " :,

EQUAL EMPLOYMENT

*

OPPORTUNITY COMMISSION,

*

*

Plaintiff

*

*

VS,

*

*

JAYCO ACQUISITION AND

*

HOLDING CO., d/b/a COMPTON'S

*

OAK GROVE LODGE, INC.,

*

Defendant

NO, B-C-98-65

ORDER Compton's Oak Grove Lodge, Inc. ("Compton's") filed a motion requesting that the court strike the Summons served upon it or, alternatively, to dismiss the Complaint in this matter [Docket No, 12]. The plaintiff, the Equal Employment Opportunity Commission ("EEOC") responded [Docket No. 14] and Compton's replied to the response [Docket No, 16]. After careful consideration, the Court denies Compton's motion. Compton's asserts that the style of this case--Equal Employment Opportunity Commission v. Jayco Acquisition and Holding Co., d/b/a Compton's Oak Grove rodge. file fails to identify Compton's as a party, The term "d/b/a" or "doing business as" indicates that an entity does business under an alternative or trade name, "Doing business as" does not signal the existence of two separate entities. Nor does doing business under another name create an entity separate from the person actually "doing business." The Complaint's caption indicates that the EEOC brings this action against Jayco Acquisition and Holding Co., ("Jayco"), which does

business under the name "Compton's Oak Grove Lodge, Inc." Compton's correctly asserts that the only parties to this action, thus far, include Plaintiff
EEOC and Defendant Jayco. However, the Court will not strike the Summons or dismiss the Complaint on such technical grounds. Fed. R. Civ. P. 21 provides that "parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just" and permits adding a party who, through inadvertence, mistake, or for some other reason, was not made a party and whose presence is later found necessary or desirable.
THEREFORE, the Court hereby denies Compton's motion to strike or dismiss [Docket No. 12]. Additionally, the Court instructs the plaintiffthat it may move to amend its Summons and Complaint to reflect the addition of Compton's as a party-defendant.

f t IT IS SO ORDERED THIS

~ DAY OF DECEMBER, 1998

!1i ,, rM'~~ 'btEFJUDGE

~-

/

_

UNITED STATES DISTRICT COURT

rHIS DOCUMENT ENTERED ON DOCKET SHEET IN
t _ __ COMPLIANCE WITH J;lULE 58 AND/OR 79(a) FRCP
ON /:)- /s:Lg BY--,k...

 
 CM/ECF - ARED - LIVE - Docket Report

Page 1 of 4

DISC, HDY, TERMED
U.S. District Court Eastern District of Arkansas (Batesville) CIVIL DOCKET FOR CASE #: 1:98-cv-00065-SWW

EEOC v. JAYCO Acquisition Assigned to: Judge Susan Webber Wright Demand: $0 Cause: 29:621 Job Discrimination (Age)
Plaintiff Equal Employment Opportunity Commission

Date Filed: 07/13/1998 Date Terminated: 05/04/1999 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Katharine W. Kores Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0135 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven W. Dills Equal Employment Opportunity Commission-Nashville 50 Vantage Way Suite 202 Nashville, TN 37228 (615) 736-5784 Email: steven.dills@@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

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JAYCO Acquisition and Holding Company, Inc. doing business as Compton's Oak Grove Lodge, Inc.

represented by Patrick R. James James & House, P.A. Post Office Box 3585 Little Rock, AR 72203-3585 (501) 372-6555 Email: pjames@jamesandhouse.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel A. Perroni Perroni Law Firm 1818 North Taylor Suite 168 Little Rock, AR 72207 501-372-2070 Email: sperroni@perronilaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan Keller Kendall Cross, Gunter, Witherspoon & Galchus, P.C. - Fayetteville 101 West Mountain Street Suite 200 Fayetteville, AR 72701 (479) 443-6978 Email: skendall@cgwg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/13/1998 08/31/1998 08/31/1998 09/14/1998 09/14/1998 09/24/1998 10/05/1998

#

Docket Text

1 COMPLAINT with jury demand, no summons issued (cdw) (Entered: 07/14/1998)

2 MOTION by deft to dismiss (vjt) (Entered: 08/31/1998)

3 BRIEF by deft in support of motion to dismiss [2-1] (vjt) (Entered: 08/31/1998)

4 RESPONSE in Opposition by pltf to deft's motion to dismiss [2-1] (vjt) (Entered: 09/15/1998)

5 MEMORANDUM by pltf in support of response to deft's motion to dismiss [4-1] (vjt) (Entered: 09/15/1998)

6 REPLY by deft to pltf's response to motion to dismiss [2-1] (vjt) (Entered: 09/24/1998)

SUMMONS issued as to JAYCO Acquisition & Compton's Oak Grove Lodge Inc (vjt) (Entered: 10/05/1998)

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10/15/1998
10/26/1998 10/29/1998
10/30/1998
10/30/1998
11/04/1998 11/04/1998 11/16/1998
11/16/1998 11/24/1998 11/24/1998 12/14/1998
04/05/1999 04/05/1999 04/16/1999 05/03/1999

7 ORDER by Chief Judge Susan W. Wright denying Jayco's motion to dismiss the EEOC's complt against it [2-1] (cc: all counsel) (vjt) (Entered: 10/16/1998)
8 ANSWER by defendant (vjt) (Entered: 10/27/1998)
9 SCHEDULING ORDER by Chief Judge Susan W. Wright; jury trial set for 11:00 on 9/20/99 in Batesville; discovery due 8/6/99; pretrial info sheet due 8/20/99 (cc: all counsel) (former empl) (Entered: 10/30/1998)
10 RETURN OF SERVICE executed upon defendant JAYCO Acquisition by serving J. T. Compton on 10/20/98 (former empl) (Entered: 11/02/1998)
11 RETURN OF SERVICE executed upon defendant JAYCO Acquisition d/b/a Compton's Oak Grove Lodge, Inc. by serving J. T. Compton on 10/20/98 (former empl) (Entered: 11/02/1998)
12 MOTION by defendant to strike EEOC summons or in the alternative to dismiss (former empl) (Entered: 11/05/1998)
13 OBJECTIONS by defendant JAYCO Acquisition to discovery (former empl) (Entered: 11/05/1998)
14 RESPONSE IN OPPOSITION by plaintiff to deft Compton's Oak Grove Lodge, Inc.'s motion to strike or, alternatively, [12-1] motion to dismiss [12-2] (bsm) (Entered: 11/16/1998)
15 RESPONSE In Opposition by plaintiff to deft Compton's Oak Grove Lodge, Inc's objection to discovery (bsm) (Entered: 11/16/1998)
16 REPLY by defendant in support of motion to strike [12-1] or in the alternative to dismiss [12-2] (vjt) (Entered: 11/25/1998)
17 BRIEF by defendant in support of motion to strike, or in the alternative to dismiss [16-1] (vjt) (Entered: 11/25/1998)
18 ORDER by Chief Judge Susan W. Wright denying deft's motion to strike EEOC summons [12-1] or, to dismiss; the Court instructs the pltf that it may move to amend its summons and complt to reflect the addition of Compton's as a party-deft (cc: all counsel) (vjt) (Entered: 12/15/1998)
19 MOTION by pltf for costs of service of summons (vjt) (Entered: 04/05/1999)
20 MEMORANDUM by pltf in support of motion for costs of service of summons [19-1] (vjt) (Entered: 04/05/1999)
21 RESPONSE by deft to pltf's motion for costs of service of summons [191] (vjt) (Entered: 04/16/1999)
22 ORDER by Chief Judge Susan W. Wright denying pltf's motion for costs of service of summons [19-1] (cc: all counsel) EOD 5/3/99 (vjt) (Entered: 05/03/1999)

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05/04/1999

23 CONSENT DECREE: by Chief Judge Susan W. Wright that the parties have agreed to settle all issues between them; defts will pay a total of $20,000 back pay and liquidated damages, less appropriate withholdings for federal and state income tax and social security, to Dollie Henderson; defts shall mail a copy of the check to the EEOC; each of the parties shall bear its own costs, including attys' fees; terminating case (cc: all counsel) EOD 5/4/99 (vjt) (Entered: 05/04/1999)

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