IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLI~I~S~.~ WESTERN DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

U. $. D~.S~’?’iCT COURT

Plaintiff,

Civil Action No. U 2 0 5 0 2 6

COLONIAL ICE CREAM, INC.

JURY TRIAL DEMAND

Defendant.

COMPLAINT

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

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

unlawfuI employment practices on the basis of sex and to provide appropriate relief to Shannon

Girmery and a class of female employees who were adversely affected by such practices. The U.S.

EqualEmployment Opportunity Commission alleges that the defendant, Colonial Ice Cream, Inc.,

discriminated against Ms. Ginnery and a class of female employees on the basis of their sex by

permitting sexual harassment of them by their co-workers and by constructively discharging Ms.

Girmery, practices made unlawfuI under Title VII.

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 Sections 706(f)(1) and (3) of Title VII,

42 U.S.C. §§ 2000e-5(f)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §

i981a.

JUL I 0 XOOZ

2. The unlawful acts alleged below were committed within thej urisdiction o fthe United States District Court for the Northern District of Illinois.
PARTIES 3. Plaintiff, the U.S. EquaI Employment Opportunity Commission (the "Commission" or EEOC), 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 Sections 706(0(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) an~ (3). 4. At all relevant times, defendant Colonial Ice Cream, Inc., has continuously been a corporation doing business in the State of Illinois, County of McHenry, and has contirmously had at least fifteen (15) employees. 5. At all relevant times, defendant has continuously 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-5(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit, Shannon Ginnery filed charges of discrimination with the Commission alleging violations of Title VII by defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Pursuant to 42 U.S.C. § 2000e-5(f)(1), EEOC’ s representatives attempted to eIiminate the unlawfal employment practices alleged below and to effect voluntary compliance with Title VII prior to institution of the lawsuit but EEOC was unable to secure a conciliation agreement acceptable to the Commission. 8. Since at least September 2000, defendant has engaged in unlawful empIoyment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). These practices
2

include, but are not limited to, harassing Ms. Gin_nery and a class of femate employees on the basis of their gender and permitting their complaints about harassment to go unaddressed and constructively discharging Shannon Girmery by creating intolerabIe working conditions as a result of the sexual harassment.
9. The effect of the practices complained of above has been to deprive Shannon Ginnery and a class of similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
10. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
10. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Sharmon Girmery and a class of female employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant, its officers, successors, assigns, and all persons in active concert or participation with defendant, from engaging in any employment practices which discriminate on the basis of sex; B. Order defendant to institute and Carry out policies, practices and programs which provide equal employment oppommities for its employees regardless of sex and which eradicate the effects of its past and present unlawful practices; C. Order defendant to make whole Shannon Ginnery 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 the unlawful employment practices;
3

D. Order defendant to make whole Shannon Ginnery and a class of female employees

by providing compensation for past and future pecuniary losses resulting from the unlawful

employment practices described in paragraphs 8 and 9 above, in amounts to be determined at trial;

E. Order defendant to make whole Shannon Gin_heW and a class of female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful

employment practices described in paragraphs 8 and 9 above, including emotional pain, humiliation,

and inconvenience, in amounts to be determined at triaI;

F. Order defendant to pay punitive damages for its malicious and reckless conduct

described in paragraphs 8 and 9 above, in amounts tobe determined at trial;

Go

Grant such further relief as the Court deems necessary and proper in the public

interest;and

H. Award the Commission its costs in this action.

JURY TRIAL DEMAND The Commission requests ajury trial on all questions of fact raised by its Complaint.

Respectfully submitted, Nicholas M. Inzeo Acting Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Wa~shington, D.C. 20507
/~ohfi/C~. ~nc~ckson RTona’I Attorney
Noelle Brerman Supervisory Trial Attorney
Deborah L. Hamilton Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street Suite 2800 Chicago, Illinois 60661 312/353-7649

Civil Cover Sheet

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Civil Cover Sheet

I I

U" S" LJ!S]II~CT COURT

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 fo} Use ~ in the Northern District of Illinois.

Plaintiff(s): U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Defendant(s):COLONIAL ICE CREAM, INC.

County of Residence:

County of Residence:

02C50269

Plaintiffs Atty: Deborah L. I-Iamilton

Defendant’s Atty:

Equal Employment Opportunity

Commisison

500 W. Madison, Suite 2800,

Chicago, IL 60661

312-353-7649

Amy J. Pena Wessels & Pautsch, P.C. Dunharn Center, 2035 Foxfield Dr.,St. Charles, IL 60174

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

/H. Citizenship of Princip.a..1. Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

1. Original Proceeding

V. Nature of Suit:

442 Employment

VI.Cause of Action:

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to correct the unlawful employment practices on the basis of sex.

VII. Requested in Complaint Class Action:

Dollar Demand:

Jury Demand: Yes

VI~. This case IS NOT a refiling of a previously dismissed case.

:__0..7/09/02

In the Matter of

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS F!~ F ~- ,,>v,~

Western Division

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Case NLu1mS bUieS]Y5,~:I~.I.CJ.QgURGT 5 0 2 69-

APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:
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(A)
NAME
Deborah L. Hamilton
FIRM
Equal Employment Opp9 ,rt~. ,..i_ty Commission
STREET ADDRESS
500 W. Madison~ Su.,i.t.e 2800
hmago, C~y/~jTATI~ZIP IL 60661
~3LIP2~5~-~E~49
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06269891

(B)
NAME
Noelle C. Brennan
Equal Employment Opportunity Commission
STREET ADDRESS
500,,, ,,W,..,~,.Madison~ Suite 2800
CITY/STATE/ZIP
Chicago, IL 60661
TELEPHONE NUMBER
(312) 353-7582
IDENTXFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDC No. 06228901

................ , /

DESIGNATED AS LOCAL COUNSEL7

~J~TC. te#l~g(cl~on
E~’~u~.l_._t ~ aployment Opportunity Commission
¯ Madison, Suite 2800 ~Ct-~mIY~cTaEggZoIp, IL 60661
TELEPHONE NUMBER
(312) 353-8551 ........
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)
ARDCNo, 01187589

STREETADDRESS CITY/STATE/ZIP TELEPHONE NUMBER IDBNTIF/CATION NUMBER (SEE ITEM 4 ON REVERSE)

,R,aLA.ORNE.,
DESIGNATED *$ LOCAL COUNSEL?

VES~ NO ~ TR, ALA,TOR~EV,

YES ~

NO ~

DESIGNATED AS LOCAL COUNSEL?

 
 United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge

Philip G, Reinhard

Sitting Judge if Other than Assigned Judge

CASE NUMBER

02 C 50269

DATE

10/1/2003

CASE TITLE
MOTION:

EEOC VS, Colonial Ice Cream
[In the followmg box (a) mdlcate the party ftlmg the matlOn, e.g., plamuff. defendant, 3rd party plamtlff, and (b) state bnefly the nature of the motion being presented.]

DOCKET ENTRY:

(1) o

Filed motion of [use listing in "Motion" box above,]

(2) o

Brief in support of motion due ___'

(3)

o

Answer brief to motion due___, Reply to answer brief due___,

(4) o

Ruling/Hearing on ___ set for ___ at ___'

(5) o

Status hearing[held/continued to] [set for/re-set for] on ___ set for ___ at ___'

(6) o

Pretrial conference[held/continued to] [set for/re-set for] on

set for

at

(7) o

Trial[set forlre-set for] on ___ at ___'

(8) o

[Bench/Jury trial] [Hearing] held/continued to ___ at ___'

(9) o

This case is dismissed [with/without] prejudice and without costs[by/agreementlpursuant to]
o FRCP4(m) 0 General Rule 21 0 FRCP4I(a)(l) 0 FRCP41(a)(2),

(10).

[Other docket entry] Joint motion for entry of Consent Decree is granted, Enter Consent

Decree, This case is dismissed, Any pending motions are now moot, The court retains jurisdiction

to enforce the terms of the Consent Decree,

No notices required, advised in open court. No notices required. Notices mailed by judge's staff. Notified counsel by telephone. Docketing to mail notices. Mail AO 450 form. ../ Copy to judge/magistrate judge.

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
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u.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
SHANNON GINNERY, Plaintiff-Intervenor,
v.
COLONIAL ICE CREAM, INC. Defendant.

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Magistrate Judge Mahoney

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CONSENT DECREE THE LITIGATION
I. Plaintiff Equal Employment Opportunity Commission (the "EEOC") filed this action alleging that Defendant Colonial Ice Cream, Inc. ("Colonial") violated Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. § 2000e-2(a), by discriminating against a female employee Shannon Ginnery ("Ginnery") and a group of female employees on the basis of their sex. Specifically, the EEOC alleged that Defendant violated Title VII by harassing Ms. Ginnery and a group offemale employees on the basis of their gender and permitting their complaints about harassment to go unaddressed, and constructively discharging Shannon Ginnery by creating intolerable working conditions as a result of the sexual harassment. Defendant denied these allegations. The EEOC seeks relief for Shannon Ginnery, who filed a charge of discrimination and for other individuals whom the EEOC believes were subjected to a sexually hostile working environment ("Class Members"). Shannon Ginnery intervened in this

action, by filing an intervening complaint and is represented by attorney Patricia Jochum and Dennis Favaro.
2. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally resolves any and all issues and claims arising out of the Complaint filed by the EEOC and the Complaint filed by Ginnery in this action. This Decree is not an admission by any party of the claims or defenses of the others.
FINDINGS 3. Having carefully examined the tenns and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of EEOC, Colonial, the Intervenor, class members and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of the parties, the class members, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
2

INJUNCTION AGAINST SEX DISCRIMINATION 4. Colonial and its officers, agents, management, successors and assigns, are hereby enjoined from discriminating against employees on the basis of their sex.
NON-RETALIATION 5. Colonial, its officers, agents, employees, successors, assigns and all persons acting in concert with it shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.
MONETARY RELIEF 6. Colonial shall pay an aggregate of $368,000.00 to the Class Members and Shannon Ginnery to be apportioned as set forth in subparagraphs a) and b) below. a). Colonial shall pay an aggregate of $220,500 to the Class Members. Within five (5) business days after entry of this Decree, the EEOC will mail to the Class Members a copy of the Release Agreement attached as Exhibit A. Within five (5) business days after receipt by the EEOC of a signed Release Agreement, the EEOC shall mail the Release Agreement to Colonial. Within five (5) business days after receipt by Defendant of a signed Release Agreement, Colonial shall issue and mail by certified mail to the Class Member who signed the Agreement a check in the amount set forth below. Defendant shall also mail a copy of each check to the EEOC within five (5) business days of sending the check to the Class Member. The EEOC shall provide Defendant with current addresses for all Class Members, which shall be provided with the delivery of each signed release. Colonial will issue IRS Form 1099s with respect to these
3

payments. In the event that any amount of the payment designated for the Class Members has not been distributed as required by this Decree after a period of six months from entry of this Decree, then Colonial shall donate an amount equal to the unclaimed portion of the total payment designated for the Class Members to a non- profit organization, selected by the EEOC with consultation with Colonial, that serves to benefit women's workplace interests in Northern Illinois. Thereafter, Colonial shall have no further monetary obligation to any class member under this consent decree or pursuant to settlement of this case for unclaimed portions of the total payment designated for Class Members.

Class Member Name Sashire Sorenson Carrie Carlisle Amanda Chudy Jennifer Chudy Nathalie Kokott Michelena Smetters Julie Picquette Diana Jones Brooke Domich Jennifer Krok Kristin Richards Kelly Conlon

Amount $29,500 $26,000 $26,000 $26,000 $20,000 $19,000 $17,000 $16,000 $13,000 $13,000 $13,000 $2,000

b). After the Consent Decree has been entered and within ten (10) days after Colonial receives a Release form executed by Shannon Ginnery, approved by her own private attorney, Colonial shall send by certified mail, payment in an aggregate amount totaling $147,500.00 to

4

Favaro, Buzek, and Gorman, Shannon Ginnery's attorney, located at 835 Sterling Ave., Suite 100, Palatine, Illinois 60067. Defendant shall also mail proof of payment to the EEOC within five (5) business days of sending the payment to Favaro, Buzek, and Gorman. Defendant shall issue appropriate federal tax forms for the payment made by Defendant to Ginnery and her attorneys. Ginnery was represented by her own private counsel with regard to her release. The EEOC did not participate in any negotiations regarding the release, has not counseled Ginnery regarding the release, and has not approved her release.
POSTING OF NOTICE 7. Within fifteen (I 5) business days after entry of this Decree, Colonial shaH post copies of the Notice attached as Exhibit B to this Decree at all of its locations on buHetin boards usually used by Colonial for communicating with employees. Copies in both English and Spanish shall be posted. The Notice shall remain posted for two (2) years from the date of entry of this Decree. Colonial shaH take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Colonial shall certify to the EEOC in writing within fifteen (15) business days after entry of the Decree that the Notice has been properly posted. Colonial shaH permit a representative of the EEOC to enter Colonial' premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
5

RECORD KEEPING 8. For a period of two (2) years following entry of this Decree, Defendant shall maintain records of each complaint of sex harassment made by its employees from all of its facilities. Such records shall indicate the date the complaint was made, who made it, what was alleged, and what actions the Defendant took to resolve the matter. 9. Colonial shall make all documents or records referred to in Paragraph 8 above, available for inspection and copying within ten (10) business days after the EEOC so requests.
REPORTING 10. Colonial shall furnish to the EEOC the following written reports semi-annually for a period oftwo (2) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due twenty-four (24) months after entry of the Decree. Each such report shall contain:
A. A summary of the information recorded by Colonial pursuant to Paragraph
8,'
B. A certification by Colonial that the Notice required to be posted in Paragraph 7, above, remained posted during the entire six (6) month period preceding the report.
DISTRIBUTION OF REVISED POLICY AGAINST SEXUAL HARASSMENT 11. Colonial shall distribute its revised policy against sex harassment in English and Spanish to each employee of Colonial within twenty-one (21) days after the entry of this Consent Decree. The inclusion of Paragraph 11 in the Decree does not mean that EEOC or the Court approves of Colonial's anti-discrimination or anti-harassment policy.
6

12. Colonial shall distribute to all managers its revised procedure for investigation of sex harassment complaints. The revised procedure shall provide for thorough and prompt investigation of complaints of sex harassment. The inclusion of Paragraph 12 in the Decree does not mean that EEOC or the Court approves of Colonial's sex harassment investigation procedures.
TRAINING 13 During each of the two (2) years covered by this Decree, all managers, assistant managers, and supervisors shall participate in an annual training session by a trainer paid for by Colonial and approved by the EEOC regarding sex harassment. The first training shall take place within ninety (90) days of entry of this Decree. 14. In addition to the mandatory training provided for managers set forth in paragraph 13, Colonial shall provide all its employees the opportunity to attend voluntary training regarding sexual harassment. This training shall be provided in both English and Spanish. The first
.
training shall take place within ninety (90) days of entry of this Decree. 15. Colonial shall obtain the EEOC's approval of its proposed trainer(s) prior to the
training session. Colonial shall submit the name, address, telephone number, resume and training proposal ofthe proposed trainer(s) to the EEOC at least fifteen (15) days prior to the proposed date(s) of the training. The EEOC shall have five (5) calendar days from the date of receipt of the information described above to accept or reject the proposed trainer(s). In the event the EEOC does not approve Colonial's designated trainer(s), Colonial shall have five (5) calendar days to identifY an alternate trainer(s). The EEOC shall have five (5) calendar days from the date of receipt of the information described above to accept or reject the alternate
7

trainer(s). If the parties cannot through this process agree on a trainer(s), then they may seek the Court's assistance under paragraph 17.
16. Colonial shall certify to the EEOC in writing within five (5) business days after the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and (ii) a copy of an attendance list, which shall include the name and position of each person in attendance.
DISPUTE RESOLUTION 17. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 18. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end of the two (2) year period, any disputes under Paragraph 17, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
8

MISCELLANEOUS PROVISIONS 19. Each party to this Decree shall bear its own expenses and costs. The EEOC, Intervenors and Colonial shall bear their own attorneys' fees. 20. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Colonial in their capacities as representatives, agents, directors and officers of Colonial.
9

ENTERED AND APPROVED FOR:
For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

For COLONIAL ICE CREAM, INC

Wessels and Pautsch, P.C.

Two Plaza East

330 East Kilbourn Ave.

Suite 1475

Milwaukee, WI 53202

-- -

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Frank

G~u-m~i4n~a~~y Klick,

Esq.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Chicago District Office 500 West Madison Street Suite 2800
(C3h~~ ·~~

For SHANNON GINNERY, Intervenor Favaro, Buzek & Gorman, Ltd. 835 Sterling Ave
uite 100 alatine, Illinois 60067

P'ltricia Jochum, Esq'/Dennis Favaro, Esq.

Trial Attorneys

DATE:
OCT 012003
10

..

ENTERED AND APPROVED FOR:
For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

For COLONIAL ICE CREAM, INC Wessels and Pautsch, P.C. Two Plaza East 330 East Kilboum Ave. Suite 1475 Milwaukee, WI 53202
Frank Gumina, Esq./Kelly Klick, Esq.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Chicago District Office 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7546
JOHN C. HENDRICKSON Regional Attorney
'1\MU1~W~
NOELLE BRENNAN Supervisory Trial Attorney

For SHANNON GINNERY, Intervenor Favaro, Buzek & Gorman, Ltd. 835 Sterling Ave Suite 100 Palatine, Illinois 60067
o. ~>~bS~- "f1 )rpn~~~ Patricia Jochum, EsqJD nms Favaro, Esq.

RICHARD J. MRIZEKIDEBORAH HAMILTON Trial Attorneys

ENTER:

DATE:
OCT 01 2003

10

EXHIBIT A RELEASE AGREEMENT I,,_ _ _ _ _ _ _, for and in consideration of the sum of $ ____ payable to me for alleged personal, physical, emotional injuries and pursuant to the terms of the Consent Decree entered by the Court in EEOC et al. v. Colonial Ice Cream, Inc., No. 02 C 50269 (N.D. III.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Colonial Ice Cream, Inc.("Colonial"), and all past and present shareholders, officers, agents, employees, and representatives of Colonial, as well as all successors and assignees of Colonial, from any and all claims and causes of action of any kind which I now have or ever have had under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC et al. v. Colonial Ice Cream, Inc., No. 02 C 50269 (ND. I11.).

Date

Signature

II

EXHIBITB
NOTICE TO ALL COLONIAL EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Colonial Ice Cream, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Colonial Ice Cream, Inc. ("Colonial")
In its suit, the EEOC alleged that Colonial fostered or tolerated a working environment that was sexually hostile toward female employees, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). In this suit, Colonial denied these alJegations.
To resolve the case, Colonial and the EEOC have agreed to the entry of the Consent Decree which provided, among other things, that:
1) Colonial will pay monetary relief to a class of former employees;
2) Colonial will not discriminate on the basis of sex in the future;
3) Colonial will not retaliate against any person because she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and
4) Colonial wilJ train all of its managers with respect to sexual harassment and will offer training on sex harassment to all employees.
The EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age or disability. If you believe you have been discriminated against, you may contact the EEOC at (312) 353-8195. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED
This Notice must remain posted for two years 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: EEOC 500 West Madison Street, Suite 2800, Chicago, Illinois 60661.
OCT n12003
Date
12

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?147815803476287-L_35...
MAHONEY, PROTO, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Rockford)
CIVIL DOCKET FOR CASE #: 3:02-cv-50269

EEOC v. Col Ice Cream Inc Assigned to: Honorable Philip G. Reinhard Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/10/2002 Date Terminated: 10/01/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

Richard John Mrizek U.S. Equal Employment Opportunity Commission 500 W. Madison Suite 2800

1 of 5

6/4/2007 2:47 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?147815803476287-L_35...

V. Defendant Colonial Ice Cream Inc
Intervenor Shannon Ginnery

Chicago, IL 60661 (312) 886-9078 Fax: (312) 353-8555 Email: richard.mrizek@eeoc.gov ATTORNEY TO BE NOTICED
represented by Charles W. Pautsch Wessels & Pautsch, P.C. 330 East Kilbourn Avenue Suite 1475 Milwaukee, WI 53202 (414) 291-0600 Email: chpautsch@milw.w-p.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank Anthony Gumina Whyte Hirschboeck Dudek S.C. 555 E. Wells Street Suite 1900 Milwaukee, WI 53202 (414) 978-5387 Email: fgumina@whdlaw.com ATTORNEY TO BE NOTICED
Kelly J Klick Wessels & Pautsch 330 East Kilbourn Avenue Suite 1475 Milwaukee, WI 53202 (414) 291-0600
represented by Dennis Ray Favaro Favaro & Gorman, Ltd. 835 North Sterling Suite 100 Palatine, IL 60067 (847) 934-0060 Email: dfavaro@favarogorman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia L. McLauchlan Jochum Favaro & Gorman, Ltd 835 Sterling Avenue

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Suite 100 Palatine, IL 60067 (847)934-0060 Email: pjochum@favarogorman.com ATTORNEY TO BE NOTICED
Patrick John Gorman Favaro & Gorman, Ltd 835 Sterling Avenue Suite 100 Palatine, IL 60067 (847)934-0060 Email: pgorman@favarogorman.com ATTORNEY TO BE NOTICED

Date Filed 07/10/2002
07/10/2002 08/07/2002 08/07/2002 08/12/2002
08/28/2002 08/28/2002 09/12/2002 09/13/2002 09/13/2002

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Noelle Christine Brennan, Deborah Lois Hamilton as attorney(s) for plaintiff ( 0 summons(es) issued.) ( Documents: 1-1 through 1-3) (clb) (Entered: 07/10/2002)
THIS matter is referred to the Hon. P. Michael Mahoney pursuant to Internal Operating Procedure 11(d). (clb) (Entered: 07/10/2002)
2 WAIVER of service of summons as to defendant Colonial Ice Cream, Inc. sent on 8/1/02 (fce) (Entered: 08/07/2002)
3 MOTION by Shannon Ginnery for leave to intervene ; Notice. (fce) (Entered: 08/07/2002)
SCHEDULE set on 8/12/02 by Hon. P. Michael Mahoney : Status hearing set to 1:30 8/28/02. Plaintiff is directed to notify any party filing an appearance subsequent to the entry of this order of the status hearing. Mailed notice (glg) (Entered: 08/12/2002)
4 MOTION by unknown Shannon Ginnery for leave , to intervene ; Notice. (fce) (Entered: 08/28/2002)
5 MINUTE ORDER of 8/28/02 by Hon. P. Michael Mahoney: Status hearing reset for 10/2/02 at 1:30 PM. Shannon Ginnery's motion for leave [4-1], to intervene is granted [4-2]. Mailed notice (fce) (Entered: 08/29/2002)
6 MOTION by plaintiff for leave to file appearnace , instanter ; Notice. (fce) (Entered: 09/12/2002)
7 ATTORNEY APPEARANCE for Col Ice Cream Inc by Charles W. Pautsch, Frank Anthony Gumina, Kelly J Klick (jmm (Entered: 09/13/2002)
8 ANSWER by Col Ice Cream Inc and defenses to complaint [1-1] (jmm (Entered: 09/13/2002)

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09/13/2002 09/18/2002 10/02/2002 10/02/2002
10/02/2002 02/05/2003
02/10/2003
02/12/2003 02/21/2003
02/21/2003 03/07/2003
04/28/2003 04/28/2003 04/28/2003 04/29/2003 04/30/2003

9 ANSWER by defendant to complaint [1-1]. (fce) (Entered: 09/16/2002)
10 ATTORNEY APPEARANCE for intervenor by Dennis Ray Favaro, Patricia L. McLauchlan Jochum, Patrick John Gorman (fce) (Entered: 09/18/2002)
11 PARTIES' proposed case management order by plaintiff, defendant, intervenor (fce) (Entered: 10/02/2002)
12 MINUTE ORDER of 10/2/02 by Hon. P. Michael Mahoney: Status hearing held. EEOC's motion for leave to file appearnace [6-1], instanter is granted [6-2]. Case management order aproved. FRCP 26(a)(1) disclosure due 10/16/02. Fact discovery cutoff set for 7/2/03. Amendment of pleadings due 4/2/03. Dispositive motions due 4/2/03. Depositions of parties limited to 6 hours, non-parties limited to 4 hours. FRCP 26(a)(2) reserved. Discovery conference set for 2/21/03 at 1:30 pm. No notice (fce) (Entered: 10/03/2002)
13 ATTORNEY APPEARANCE for plaintiff by Richard John Mrizek (fce) (Entered: 11/07/2002)
SCHEDULE set on 2/5/03 by Hon. P. Michael Mahoney : The scheduling order entered 10/3/03 is amended as follows: Dispositive motions due 8/2/03 . No notice (glg) (Entered: 02/05/2003)
SCHEDULE set on 2/10/03 by Hon. P. Michael Mahoney : Due to the court's schedule, discovery conference reset for 1:30 3/7/03 . Mailed notice (glg) (Entered: 02/10/2003)
14 AGREED MOTION by plaintiff, defendant, intervenor for entry of agreed protective order (Attachment). (fce) (Entered: 02/13/2003)
15 MINUTE ORDER of 2/21/03 by Hon. P. Michael Mahoney: Parties' agreed motion for entry of agreed protective order is granted [14-1]. (For further detail see order.) Mailed notice (fce) (Entered: 02/21/2003)
16 ENTERED AGREED PROTECTIVE ORDER. (fce) (Entered: 02/21/2003)
SCHEDULE set on 3/7/03 by Hon. P. Michael Mahoney : Discovery conference held and continued to set ADR or settlement conference to 1:30 4/30/03 . Motion Dispositive motions is due 8/2/03 . No notice (glg) (Entered: 03/07/2003)
17 JOINT stipulation for entry of agreed protective order. (fce) (Entered: 04/28/2003)
18 MINUTE ORDER of 4/28/03 by Hon. P. Michael Mahoney: Enter agreed protective order. Mailed notice (fce) (Entered: 04/29/2003)
19 ENTERED AGREED PROTECTIVE ORDER (fce) (Entered: 04/29/2003)
20 JOINT stipulation for entry of agreed protective order. (fce) (Entered: 04/29/2003)
SCHEDULE set on 4/30/03 by Hon. Patrick M. Mahoney : Discovery conference held and contineued to 1:30 pm on 6/19/03 . Settlement conference set for 1:30 pm on 6/19/03. Plaintiff's oral motion for an extension of time to 6/19/03 to identify class members is granted. The parties are to submit confidential settlement position statements to chambers by 6/18/03 . No notice, advised in

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04/30/2003 04/30/2003 06/19/2003
07/21/2003 08/26/2003 09/18/2003 09/23/2003 10/01/2003

open court (jms) (Entered: 04/30/2003)
21 MINUTE ORDER of 4/30/03 by Hon. P. Michael Mahoney: Enter agreed protective order. No notice (fce) (Entered: 05/01/2003)
22 ENTERED AGREED PROTECTIVE ORDER (fce) (Entered: 05/01/2003)
SCHEDULE set on 6/19/03 by Hon. P. Michael Mahoney : Discovery/settlement conference held. Fact Discovery ordered closed on 10/2/03. Dispositive motions due 11/14/03. Burden-based FRCP 26(a)(2) expert disclosure due 11/3/03. Depositions by 12/3/03. Response FRCP 26(a)(2) expert disclosure due 12/15/03. Deposition 1/10/04. Discovery conference set for 1:30 9/3/03. Settlement conference set for 1:30 7/21/03 . No notice (glg) (Entered: 06/19/2003)
SCHEDULE set on 7/21/03 by Hon. P. Michael Mahoney : Settlement conference stricken. Telephoned notice (glg) (Entered: 07/21/2003)
SCHEDULE set on 8/26/03 by Hon. P. Michael Mahoney : Purusant to request of counsel, discovery conference reset for 1:30 9/19/03 . Telephoned notice (glg) (Entered: 08/26/2003)
23 JOINT MOTION by EEOC, Col Ice Cream Inc, Shannon Ginnery for entry of consent decree ; Notice of filing (jmm (Entered: 09/18/2003)
24 JOINT MOTION by plaintiff, defendant, intervenor for entry of consent decree ; Notice. (fce) (Entered: 09/23/2003)
25 MINUTE ORDER of 10/1/03 by Hon. Philip G. Reinhard: Joint motion for entry of Consent Decree is granted. Enter Consent Decree. This case is dismissed. Any pending motions are now moot. The court retains jurisdiction to enforce the terms of the Consent Decree. Entered Consent Decree. terminating case Mailed notice (fce) (Entered: 10/02/2003)

PACER Service Center

Transaction Receipt

06/04/2007 14:47:23

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 3:02-cv-50269

Billable Pages: 3

Cost:

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 EEOC LITIGATION SETTLEMENT REPORT - October 2003

http://www.eeoc.gov/litigation/settlements/settlement10-03.html

EEOC Litigation Settlements October 2003
EEOC v. Colonial Ice Cream, Inc. No. 02-50269 (N.D. Ill. October 1, 2003)
The Chicago District Office brought this Title VII suit, alleging that defendant, an operator of several family restaurants in Northern Illinois, tolerated the sexual harassment of waitresses, some of whom were still in high school, during their employment at defendant's Crystal Lake, Illinois restaurant. The women complained that they had been subjected to offensive sexual comments and unwanted touching and kissing by male co-workers. Pursuant to a consent decree, defendant will pay a total of $368,000 to 13 claimants, provide EEO training in English and Spanish to its supervisors and managers, and report complaints of sexual harassment to the EEOC. The decree enjoins defendant from discriminating against employees on the basis of sex.

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