Case 7:06-cv-00083-FL Document 1-1 Filed 06/01/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

NATIVE ANGELS HOMECARE

)

AGENCY, INC.

)

)

Defendant.

)

_____________________________________ )

CIVIL ACTION NUMBER ________________________ JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of religion (Jehovah’s

Witness) and to provide appropriate relief to Dorene Sampson who was adversely affected by such

practices. The Equal Employment Opportunity Commission (the “Commission”) alleges that

Defendant Native Angels Homecare Agency, Inc. (“Defendant”), discriminated against Dorene

Sampson by requiring her to participate in Defendant’s “prayer circle” and discharging because she

objected to attending the “prayer circle” and refused to participate.

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

of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) (“Title VII”) and

Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

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2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of North Carolina, Southern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Lumberton and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Dorene Sampson filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From approximately January 25, 2005 to March 22, 2005, Defendant engaged in unlawful employment practices at its Lumberton, N.C. facility, in violation of Sections 703(a)(1) and 704(a) of Title VII, 42 U.S.C. §2000e-2(a)(1); 42 U.S.C. §2000e-3(a), by:
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a. discriminating against Dorene Sampson, a Registered Nurse, because of her religion, Jehovah’s Witness. Specifically, during this period, Defendant required Ms. Sampson to attend a “prayer circle” and discharged her because she refused to attend the “prayer circle;” and
b. retaliating against Ms. Sampson by discharging her because she opposed Defendant’s unlawful employment practice of requiring her to attend a “prayer circle.”
8. The effect of the practices complained of in paragraph 7 above has been to deprive Dorene Sampson of equal employment opportunities and otherwise adversely affect her status as an employee because of her religion (Jehovah’s Witness).
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Dorene Sampson.
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 it, from requiring employees to attend a “prayer circle,” retaliating against employees who oppose practices made unlawful under Title VII, and engaging in any other employment practice which discriminates on the basis of religion or unlawful retaliation.
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B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for employees regardless of their religion and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Dorene Sampson 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 its unlawful employment practices, including but not limited to reinstatement or front pay.
D. Order Defendant to make whole Dorene Sampson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, in amounts to be determined at trial.
E. Order Defendant to make whole Dorene Sampson by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, loss of civil rights, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay Dorene Sampson punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. DATED this the 1st day of June 2006.
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Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
/s/ Lynette A. Barnes Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. Trade Street, Suite 400 Charlotte, North Carolina 28202 Telephone: (704) 344-6878 Facsimile: (704) 344-6780 E-mail: Lynette.Barnes@eeoc.gov N.C. Bar No. 19732
/s/ Kerith Cohen Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1309 Annapolis Drive Raleigh, North Carolina 27608 Telephone: (919) 856-4148 Facsimile: (919) 856-4156 E-mail: Kerith.Cohen@eeoc.gov Virginia State Bar No. 39069
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 Case 7:06-cv-00083-FL Document 17-2 Filed 03/22/2007 Page 1 of 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION CIVIL ACTION NUMBER: 7:06-CV-83

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

NATIVE ANGELS HOMECARE

)

AGENCY, INC.,

)

)

Defendant.

)

____________________________________)

CONSENT DECREE

The Equal Employment Opportunity Commission (the “Commission”) instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission’s complaint alleged that Defendant Native Angels Homecare Agency, Inc. violated Title VII of the Civil Rights Act of 1964, as amended, when it required Dorene Sampson to attend a prayer circle and when it fired her because she refused to attend the prayer circle, and in retaliation for her opposition to attending it. Defendant Native Angels Homecare Agency, Inc. (“Defendant”) has denied, and continues to deny, the allegations.
The Commission and the Defendant hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court. The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation. It is understood and agreed that this
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settlement is the compromise of disputed claims (which Defendant has denied above) and is not an admission of liability or wrongdoing by Defendant.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 20 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any person on the basis of religion or any other protected category within the meaning of Title VII. 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under that statute. 3. Except as set forth in Paragraph 4 below, Defendant shall not require any employee, as a condition of employment, to attend any religion-based activity, or to attend any meeting, assembly or other activity where prayer is being conducted. Further, Defendant shall not take any action against an employee who refuses to attend such activity nor shall Defendant require any employee who chooses not to attend such activity to leave Defendant’s premises. 4. Paragraph 3 above shall not apply to any employee whose primary job duty is to perform a religious or spiritual function, such as a Hospice Chaplain, or to any hospice function required by 42 CFR Part 418. Nothing in this Consent Decree, however, shall be construed to relieve Defendant of its obligation under Title VII to reasonably accommodate the sincerely held
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religious beliefs of its employees. 5. Defendant shall pay Dorene Sampson the gross sum of $25,000.00 in settlement
of the claims raised in this action. $3,284.00 of the settlement amount (plus interest for the period from March 22, 2005 through the date of this Consent Decree) shall be for back wages, shall be subject to withholdings, and shall be subject to the issuance of a Form W-2. The remainder of the settlement amount shall be for other damages and shall be subject to the issuance of a Form 1099. Defendant shall make payment by issuing a check payable to Dorene Sampson. Payment shall be made within fifteen (15) days after the Court approves this Consent Decree, and Defendant shall mail the check to Dorene Sampson at an address provided by the Commission. Within ten (10) days after the check has been sent, Defendant shall mail to Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Dorene Sampson.
6. Within ten (10) days of the entry of this decree by the Court, Defendant shall eliminate from the employment records of Dorene Sampson any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 140-2005-04191 and the related events that occurred thereafter. Within fifteen (15) days of the entry of this decree by the Court, Defendant shall report compliance with this provision to the EEOC.
7. Defendant agrees to provide Dorene Sampson with a letter of reference, a copy of which is attached as Exhibit A, within ten (10) days of the entry of this decree by the Court. In addition, if Defendant receives any inquiries regarding Dorene Sampson’s employment, Defendant shall provide the document attached as Exhibit A in lieu of a verbal response.
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8. Within sixty (60) days of the entry of this decree by the Court, Defendant shall adopt, implement, and distribute a formal, written anti-discrimination policy, which shall include but not be limited to the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against discrimination based on religion and its requirement that employers provide reasonable religious accommodations to employees; procedures for reporting discrimination; and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Defendant shall distribute to each current employee a copy of the policy within the aforementioned 60 day time period. Within seventy (70) days of the entry of this decree, Defendant shall report compliance to the Commission. During the term of this Decree, Defendant shall distribute the policy to all new employees and review it with them at the time of hire.
9. During the term of this decree, Defendant shall post a copy of the policy described in paragraph 8, supra, in all of their facilities in a place where it is visible to employees. If the policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within seventy (70) days after the Consent Decree is entered, Defendant will post the policy and notify the EEOC that it has been posted.
10. During the term of this Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against religious discrimination and retaliation in the workplace. Each training program shall also include an explanation of Defendant’s policy referenced in paragraph 8 above, and an explanation of the rights and responsibilities of employees and managers under the policy.
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The first training program shall be completed within ninety (90) days after entry of the
decree by the Court. Each subsequent training program shall be conducted at approximately
one-year intervals. At least fifteen (15) days prior to each program, Defendant shall provide the
Commission with an agenda for the training program. Within ten (10) days after completion of
each training program, Defendant shall certify to the Commission the specific training which was
undertaken and shall provide the Commission with a roster of all employees in attendance.
11. Beginning within thirty (30) days after the entry of this Decree by the Court, and
continuing for a period of one year, Defendant shall conspicuously post the attached Employee
Notice, marked Exhibit B, hereby made a part of this Decree, in a place where it is visible to
employees at its facility. If the Notice becomes defaced or unreadable, Defendant shall replace
it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree,
Defendant shall notify the Commission that the Notice has been posted pursuant to this
provision. The Notice shall be posted for a period of one (1) year.
12. During the term of this Consent Decree, Defendant shall provide the Commission
with reports at six (6) month intervals, with the first being due four (4) months after approval by
the Court of this Decree. The reports will include the following information:
A. The identities of all individuals who have made a complaint about religious discrimination under the policy described in paragraph 8 above, including by way of identification each person’s name, address, telephone number, position, and social security number;
B. the identities of all individuals who have opposed any practice made unlawful under Title VII of the Civil Rights Act of 1964, or who have filed a charge, given testimony or assistance, or participated in any investigation, proceeding or hearing under the foregoing statute, including by way of identification each person’s name, address, telephone number, position, and social security number;
C. for each individual identified in 12.A and 12B. above, explain whether the individual’s employment status has changed in any respect (for example, including but not limited to, termination, firing, demotion, promotion, or
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to part-time from full-time); and D. for each individual whose employment status has changed as identified in
12.C. above, a detailed statement explaining why the individual’s employment status has changed. In the event there is no activity to report pursuant to this paragraph, Defendant shall send EEOC a “negative” report indicating no activity. 13. The Commission may review compliance with this Decree. As part of such review, the Commission may, upon 48 hours notice, inspect Defendant’s facility, interview employees and examine and copy documents. No advance notice shall be required for the Commission to inspect Defendant’s facility solely to ensure compliance with paragraphs 9 and/or 11. 14. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have fifteen (15) days in which to investigate and respond to the allegations. Thereafter, the parties then shall have a period of fifteen (15) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law. 15. The term of this Decree shall be for three (3) years from its entry by the Court. 16. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 17. Each party shall bear its own costs and attorney’s fees. 18. The Commission will file a Stipulation of Dismissal with Prejudice upon entry of this Decree dismissing the underlying action. The Court shall have jurisdiction to monitor the
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Consent Decree, enter any necessary orders, and over any action to enforce the Consent Decree. 19. Dorene Sampson shall execute a release in the form attached hereto as Exhibit C. 20. This Court shall retain jurisdiction of this cause for purposes of monitoring
compliance with this Decree and entry of such further orders as may be necessary or appropriate.

________________________ Date

_____________________________ Judge, U.S. District Court District of North Carolina

The parties jointly request that the Court approve and enter the Consent Decree:
Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
/s/ Lynette A.Barnes Lynette A. Barnes (N.C. Bar No. 19732) Regional Attorney Lynette.Barnes@eeoc.gov
/s/ Tina Burnside Tina Burnside (WI Bar No. 1026965) Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. Trade Street, Suite 400 Charlotte, NC 28202 Tina.Burnside@eeoc.gov

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/s/ Kerith Cohen Kerith Cohen (Virginia Bar No. 39069) Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, NC 27608 Telephone: (919) 856-4148 Facsimile: (919) 856.-156 Kerith.Cohen@eeoc.gov
/s/ Patricia T. Bartis Patricia T. Bartis (NC Bar No. 21212) Sarah L. Ford (NC Bar No. 31527) Parker Poe Adams & Bernstein, LLP 1506 Fayetteville Street Mall, Suite 1400 Raleigh, NC 27602 Telephone: (919) 828-0564 Facsimile: (919) 834-4564 pattibartis@parkerpoe.com Attorney for Defendant
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- - --
Case 7:06-cv-00083-FL Document 17-2 Filed 03/22/2007 Page 10 of 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION CIVIL ACTION NUMBER: 7:06-CV-83

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
NATIVE ANGELS HOMECARE AGENCY, INC.,
Defendant.

)

)

)

)

NOTICE

)

)

)

)

)

)

This Notice is posted pursuant to a Consent Decree between the U.S. Equal Employment Opportunity Commission and Native Angels Homecare Agency, Inc. ("Native Angels"), in a case of
discrimination based on religion. Native Angels has denied and continues to deny these claims but has agreed to this settlement to avoid further litigation. As part of the settlement, Native Angels agreed to make a certain payment to Ms. Sampson and take other action set out in a Consent Decree resolving the matter.

Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual's race, color, religion, sex, national origin, age (40 or older) or disability. Title VII specifically prohibits discrimination based on religion.
Native Angels will comply with such federal law in all respects. Furthermore, Native Angels will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:
Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820

DO NOT REMOVE THIS NOTICE UNTIL:

,2008

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Exhibit B

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RELEASE
In consideration of the payment to me by Native Angels Homecare Agency, Inc. (the “Company”), of a total amount of $25,000.00 and in consideration of the Consent Decree agreed to by the Equal Employment Opportunity Commission and the Company in Civil Action No. 7:06-cv-83, of which this Release is a part, I , Dorene Sampson, hereby fully and forever release and discharge the Company, its successors and assigns, including its present and former directors, officers, and employees and agents, from any and all claims or obligations which were raised in Civil Action No. 7:06-cv-83.
I have read this release and I execute it voluntarily, without coercion or threat of reprisal.
IN WITNESS WHEREOF, this release is signed and executed by me on this __ day of ______ 2007.
________________________ Dorene Sampson

Wake County North Carolina

I certify that Dorene Sampson personally appeared before me on this day, and I have seen satisfactory evidence of the principal’s identity by a current state or federal identification with the principal’s photograph in the form of ________________ acknowledging to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.

Date: __________

____________________________________ Official Signature of Notary

_______________________, Notary Public

My Commission expires: _______________

Exhibit C

 
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CLOSED, Jury Trial
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Southern Division)
CIVIL DOCKET FOR CASE #: 7:06-cv-00083-FL

EEOC v. Native Angels Homecare Agency, Inc. Assigned to: Chief Judge Louise Wood Flanagan Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/01/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff EEOC

represented by Kerith Cohen Equal Employment Opportunity Commission 1309 Annapolis Dr. Raleigh, NC 27608 919-865-4148 Email: kerith.cohen@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Native Angels Homecare Agency, Inc.

represented by Patricia T. Bartis Parker, Poe, Adams & Bernstein, LLP 150 Fayetteville Street, Suite 1400 Raleigh, NC 27602 919-890-4161 Fax: 919-835-4555 Email: pattibartis@parkerpoe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sarah Lynne Ford Parker Poe Adams & Bernstein P. O. Box 389 Raleigh, NC 27602 919-828-0564 Fax: 834-4564 Email: sarahford@parkerpoe.com ATTORNEY TO BE NOTICED

Date Filed 06/01/2006

#

Docket Text

1 COMPLAINT Service by Request for Waiver pursuant to Rule 4(d)

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06/06/2006 07/28/2006 07/28/2006 08/07/2006
09/06/2006 09/19/2006
09/22/2006
11/22/2006 11/22/2006 12/07/2006

against Native Angels Homecare Agency, Inc., filed by EEOC. (Attachments: # 1 Civil Cover Sheet)(Cohen, Kerith) (Entered: 06/01/2006)
NOTICE OF CORRECTION re: 1 Complaint; counsel has not properly included the plaintiff's name in the caption. Will make the correction. (Deputy Clerk, SE) (Entered: 06/06/2006)
2 WAIVER OF SERVICE Returned Executed by EEOC. Native Angels Homecare Agency, Inc. waiver sent on 6/1/2006, answer due 7/31/2006. (Cohen, Kerith) (Entered: 07/28/2006)
3 ANSWER to Complaint by Native Angels Homecare Agency, Inc..(Ford, Sarah) (Entered: 07/28/2006)
4 INITIAL ORDER REGARDING PLANNING & SCHEDULING: Discovery Plan due by 9/12/2006. Initial Telephonic Pretrial Conference set for 9/19/2006 09:30 AM before Chief Judge Louise Wood Flanagan. Signed by Judge Louise Wood Flanagan on 8/7/2006. Cys dist.(Deputy Clerk, DR) (Entered: 08/07/2006)
5 STATUS REPORT Joint Rule 26(f) and Status Report by Native Angels Homecare Agency, Inc.. (Bartis, Patricia) (Entered: 09/06/2006)
Minute Entry for proceedings held before Judge Louise Wood Flanagan : Initial Telephonic Pretrial Conference held on 9/19/2006. Present at telephonic conference: Kerith Cohen (Counsel for the Plaintiff); Patricia Bartis and Sarah Ford (Counsel for the Defendant); Bryan Stephany Law Clerk, Lenora Fogle Deputy; rule 26(f) report discussed and case scheduling also discussedat conference. Case Management Order to issue. (Deputy Clerk - LKF, ) (Entered: 09/19/2006)
6 CASE MANAGEMENT ORDER: Discovery due by 4/28/2007. Motions due by 6/15/2007. A final PTC in New Bern shall be sch two (2) weeks prior to trial. Jury Trial set for 11/26/2007 Civil term at the U.S. Courthouse in New Bern, NC before Chief Judge Louise Wood Flanagan. Signed by Judge Louise Wood Flanagan on 9/21/2006. Cys dist.(Deputy Clerk - DR, ) (Entered: 09/22/2006)
7 MOTION Withdrawal of Admissions Pursuant to Rule 36(b) Fed. R. Civ. P. by EEOC. (Attachments: # 1 Text of Proposed Order)(Cohen, Kerith) (Entered: 11/22/2006)
8 Memorandum in Support re 7 MOTION Withdrawal of Admissions Pursuant to Rule 36(b) Fed. R. Civ. P. filed by EEOC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Cohen, Kerith) (Entered: 11/22/2006)
9 RESPONSE to Motion re 7 MOTION Withdrawal of Admissions Pursuant to Rule 36(b) Fed. R. Civ. P. filed by Native Angels Homecare Agency, Inc.. (Attachments: # 1 Unpublished Opinion# 2 Affidavit of Susan Dunathan# 3 Exhibit to Affidavit of Susan Dunathan# 4 Exhibit Native Angels Second Attachment to Affidavit of Susan Dunathan) (Bartis, Patricia) (Entered: 12/07/2006)

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12/07/2006 12/11/2006 12/13/2006 01/02/2007
01/04/2007 01/04/2007 01/05/2007 01/08/2007 03/13/2007
03/22/2007 03/22/2007

***Motions Submitted: 7MOTION Withdrawal of Admissions Pursuant to Rule 36(b) Fed. R. Civ. P. submitted to Chief Judge Flanagan. (Deputy Clerk - DR, ) (Entered: 12/07/2006)
MOTIONS 7MOTION Withdrawal of Admissions Pursuant to Rule 36 (b) Fed. R. Civ. P. REFERRED to Judge USMJ Gates. (Deputy Clerk DR, ) (Entered: 12/11/2006)
10 AFFIDAVIT re 9 Response to Motion, by Native Angels Homecare Agency, Inc.. (Attachments: # 1 Attachment to Amended Dunathan Affidavit# 2 Second Attachment to Dunathan Affidavit)(Bartis, Patricia) (Entered: 12/13/2006)
11 ORDER granting 7Motion to withdraw admission is GRANTED and the EEOC's admissions due to lack of timely responses are WITHDRAWN. In lieu thereof, the proposed responses by the EEOC to Native Angels' requests for admissions are deemed timely served. Signed by Judge James Gates on 1/2/2007. Cys dist. (Deputy Clerk - DR, ) (Entered: 01/02/2007)
12 Joint MOTION for Protective Order (Consent) by Native Angels Homecare Agency, Inc.. (Attachments: # 1 Exhibit Consent Protective Order)(Bartis, Patricia) (Entered: 01/04/2007)
Defendant's atty Patricia Bartis telephoned the court concerning a potential discovery dispute. The parties are trying to resolve the matter. The deadline for filing a motion to compel is approaching. The court give the parties until Friday, January 12, 2007. (Deputy Clerk - DR, ) (Entered: 01/04/2007)
***Motions Submitted: 12Joint MOTION for Protective Order (Consent) submitted to Chief Judge Flanagan for consideration. (Deputy Clerk DR, ) (Entered: 01/05/2007)
13 ORDER granting 12Motion for Consent Protective Order. Signed by Judge Louise Wood Flanagan on 1/7/2007. Cys dist. (Deputy Clerk DR, ) (Entered: 01/08/2007)
15 ORDER - The court has been advised that the parties have settled all matters in controversy among them. Therefore, this matter is DISMISSED subject to the right of any party to file a motion to reopen the case should settlement not be consummated within forty-five (45) days hereof. The parties are directed to file their Stipulation of Dismissal With Prejudice on or before April 26, 2007. The Clerk of Court is directed to remove this matter from the court's pretrial and trial calendars. Signed by Judge Louise Wood Flanagan on 3/12/2007. Cys dist.(Deputy Clerk - DR, ) (Entered: 03/13/2007)
17 Consent MOTION for Leave to File Consent Decree by EEOC. (Attachments: # 1 Consent Decree)(Cohen, Kerith) (Entered: 03/22/2007)
Motions Submitted: 17Consent MOTION for Leave to File Consent Decree submitted to Chief Judge Flanagan for consideration. (Deputy

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03/26/2007 03/29/2007

Clerk - DR, ) (Entered: 03/22/2007)
18 ORDER granting 17Motion for Leave to File Consent Decree. See attached Consent Decree for more information. Signed by Judge Louise Wood Flanagan on 3/23/2007. Cys dist. (Deputy Clerk - DR, ) (Entered: 03/26/2007)
19 STIPULATION of Dismissal by EEOC. (Cohen, Kerith) (Entered: 03/29/2007)

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Cost:

0.16

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?101520041219094-L_923_0-1

5/17/2007