IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MER CORPORATION, d/b/a Dancer's

)

Show Club,

)

)

Defendant.

)

------------------------------)

CIVIL ACTION NO.
t: 16-cv- ll! 3 6 -LJM -WTL
COMPLAINT
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 correct unlawful employment practices on the basis of sex and to provide

appropriate relief to Christina Perkins-DeLois, who was adversely affected by such practices.

The Commission alleges that the Defendant forced Christina Perkins-DeLois, a bartender, to take

maternity leave.

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 ("Title VII"), 42 U.S.C. § 2000e-5(f)(1)

and (3), and Section 102 of Title I ofthe Civil Rights Act of 1991,42 U.S.C. § 1981a.

2.

The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United States District Court for the Southern District of

Indiana, Indianapolis Division.

PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title 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 MER Corporation (the "Employer") has continuously been an Indiana corporation, doing business in the State of Indiana and the City of Indianapolis, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Christina PerkinsDeLois filed a charge with the Commission alleging violations of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least July 23,2005, Defendant Employer has engaged in unlawful employment practices at its Indianapolis, Indiana, facility, in violation of Sections 703(a)(I) and 701(k) of Title VII, 42 U.S.C. §§ 2000e-2(a)(I), 2000e(k). Defendant Employer forced Christina Perkins-DeLois, a bartender, to take maternity leave. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Christina Perkins-DeLois of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex.
2

9. The unlawful employment practices complained of in paragraph 7 above were and are intentional.
10. The unlawful employment practices complained of in paragraph 7 above were and are done with malice or with reckless indifference to the federally protected rights of Christina Perkins-DeLois.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice that discriminates on the basis of sex.
B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to make whole Christina Perkins-DeLois by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employer to make whole Christina Perkins-DeLois by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out of pocket expenses, plus prejudgment interest, in amounts to be determined at trial.
3

E. Order Defendant Employer to make whole Christina Perkins-DeLois by providing compensation for past and future nonpecuniary losses reSUlting from the unlawful practices complained of in paragraph 7 above, including but not limited to physical and emotional pain and suffering, mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Employer to pay Christina Perkins-DeLois punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
O. Orant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRlAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
4

~£.~ KEETH L. BIRD, #10780-02
Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Indianapolis District Office 101 West Ohio Street, Suite 1900 Indianapolis IN 46204-4203 Phone: (317) 226-7204 Fax: (317) 226-5571 Email: Kenneth.Bird@eeoc.gov
5

 
 ...."

. FILED

,,.,.U,S, nl';T;'

'-,

~~''''''r
-,

IN THE [INITED STATES DISTRICT C,\JU,R.! 0
FOR THE SOUTHERN DISTRICT OF rNmJo!NlA,6 PH 3: 28

INDIANAPOLIS DIVISIOJ\ , .;:; ",.)

EQUAL EMPLOYMENT OPPORTlINITY

)

COMMISSION,

)

)

Plaintiff,

)

)

And

)

)

CHRISTINA PERKINS-DELOIS

)

)

Plaintiff in Intervention

)

v.

)

)

MER CORPORATION, d/b/a Dancer's

)

Show Club,

)

)

Defendll11L

)

_ . _ - - --~-----)

CIVIL ACTION NO.: l06·CV-1436·KJM-WTL
JlJRYTRJAL 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 correct unlawful employment practices on the basis of sex and
to provide appropriate reHefto Christina Perkins~DeLois, who was adversely affected by such practices, The P!aintiffin Intervention, Cbristina Perkins~DeLois, a!leges that the
Defendant forced her, a bartender, to take maternity leave.
JURISDICTION AI:\D VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, and 1343. This action is authorized and iostituted pursuant to Section 706{f)(I) and (3) ofTitle VI! of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981 •.

2,

The employment practices alleged to be unlawful were and are now being

c{)mmitted within the jurisdiction of the United States District Court for the Southern

District of Indiana: Indianapolis Division.

PARTIES

3. The Equal Employment Opportunity Commission (the "Commission"), is

the agency of the Unheti States of America charged with the administration,

interpretation. and enforcement of Title VII and is expressly authorized to bring this

action by Section 706 (1)(1) and (3) of Title VII, 42 U.S.c. § 2000e-5 (I) (I) and (3).

4. At all relevant times, the Intervening Plaintiff, Christina Perkins-DeLois,

has continuousl,y been a resident of Marion County. , Indiana
5. At all relevant times, Detendant MER Corporation (the "Employer") has

contjnuously been an Indiana corporation, doing business in the State of Indiana and the

City of IndianapoHs, and has continuously had at least 15 employees,

6, At aU relevant times, Defendant Employer has continuously been an

employer engaged in an industry atTecting commerce within the meaning of Sections

701 (b). (g), and (h) cfTitle VII, 42 U.s.c. §§ 2000e(b). (g). and (h).

STATEMENT OF CLAIMS

7. The Intervening PlainhtT filed a charge of discrimination with the

Coramission on August 11,2005 under Title VII of lhe Civil Rights Act of 1964, alleging

that she had been illegaUy terminated by Defendant Employer because of her pregnancy.

8. The Commission issued a determination on August 30. 2006, wherein the

Commission concluded that the infonnation obtained during the investigation established

a violation of Title VlI of the 1964 Ci vil Rights Act as amended with regard to

2

Intervening Plaintiffs allegations that she was discriminated against because of her pregnancy.
9, The Commission issued a letter on September 26, 2006. stating that efforts to conciliate Intervening Plaintiffs charge were unsuccessful, and that no further efforts to conciliate her charge would be made.
10. More than thirty days prior to the institution of this lawsuit, Christina Perklns~DeLois filed a charge with the Commission alleging violations of Title VII, All conditions precedent to the institution of this lawsuit have been fulfilled,
11. The Commission filed its original Complaint against Defendant employer in this court on September 29, 2006.
12. Since at least July 23, 2005, Defendant Employer has engaged in unlawful employment practices at its Indianapolis, Indiana, facility. in violation of Sections 703(a)(1) and 701 (k) ofrille VII, 42 U.S.c. §§ 2000e-2(a)(I), 2000e{k). Defendant Employer forced Christina Perkins-DeLois, a bartender, to take maternity leave,
13. The effect of the practices complained of in paragraph 12 above has been to deprive Christina Perkins-DeLois of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex,
14. The unlawful employment practices complained of in paragraph 12 above were and are intentionaL
15, The unlawful emp[oyment practices complained ofin paragraph 12 above were and are done with malice or with reckless indifference to the federally protected rights of Christina Perkins-DcLois,
3

16, In May, 2005, Intervening Plaintiff first advised Defendant Employer that
she was pregnant.
17. Thereafter, even though she continued to perfonn her duties as a bartender in a satisfactory and acceptable manner, Intervening Plaintiff was subjected to
discriminatory treatment by Defendant Employer because of her sex and pregnancy
without respect to the terms, conditions and privileges of her employment, including hut not limited to the following:
(a) Defendant Employer treated her in a hostile manner and she was forced to work in a hostile environment. Contrary to Defendant Employer's practice before
her announced pregnancy, her supervisors began making unflattering comments
to her about her weight gain from her pregnancy. (b) Defendant Employer's supervisors began suggesting that Intervening Plaintiff take a leave from her job because she was beginning to show too much. (c) Defendant Employer's supervisor informed Intervening Plaintiff on or
about July 9, 2006, that he was going 10 be in trouble if she continued working
much longer. (d) Defendant Employer's supervisor notified Intervening Plaintiff on July 23,
2005, that the following Sunday would be her last day of work because of her
pregnancy. (oj Defendant Employer's supervisortold Intervening Plaintiff thaI she would
only be entitled to receive six (6) weeks unpaid time off for her forced matemhy leave, and that if she couldn't return by then to do her work, she would not get her position back. knowing that she was stiH months away from delivering her baby.
4

-
(f) Defendant Employer's supervisor told Intervening Plaintiff she might be able to get her job back after she delivered her baby ifshe didn't cause any
problems for being forced to leave her job because of her pregnancy.
(g) Defendant Employer's supervjsor terminated Intervening Plaintiirs
employment at the end of July. 2005 because of her pregnancy, 18. Plaintiff never had been advised by her employer of any dissatisfaction Vt1th her job performance during the 8-year period she worked for Defendant Employer. 19 At all times during her employment. Intervening Plaintiff perfonned her
duties in a satisfactory und acceptable manner, The manner in which she performed her
duties and the quality of her performance did not change materially after she became pregnant through and including the date of her termination,
20. As a result of Defendant Employer's actions, Intervening Plaifldffhas been deprived of income in the fonn of"Wages and benefits due her.
21. As a result of Defendant Employer's actions, Intervening Plaintitfhas
suffered humiliation and emotional distress. 22, After recovering from the disabilities resulting from her pregnancy and
childbirth. Intervening Plaintiff struggled for months to obtain other substantially equivalent employment.
23. Intervening Plaintiff has not plain, adequate or complete remedy at 18.\\' to redress the wrongs alleged herein.
24, By reason of the foregoing, Intervening Plaintiff has suffered and wiH continue to suffer irreparable harm and injury,
5

PRi\YER FOR RELIEF
Wherefore, the Intervening Plaintiff respectfully requests that this Court: A Order Defendant Employer to make whole Christina Perkins-
DeLois by providing appropriate backpay with prejudgment interest, in amounts to be
determined at trial, and other affirmative relief necessary to eradicate the effects ofits unlav.ful employment practices,
B, Order Defendant Employer to make \vhole Christina PerkinsDeLois by providing compensation ror past and future pecuniary losses resulting from the
unlawful employment practices described herein above, including but not limited to out
of pocket expenses, plus prejudgment interest, in amounts to be determined at triaL C. Order Defendant Empfoyer to make whole Christina Perkins-
DeLols by providing compensation for past and future nonpecuniary losses resulting
from the unlawful practices complained of herein, including but not limited to physical and emotional pain and suffering. mental anguish, and loss of enjoyment of life, in amounts to be determined at trial.
D. Order Defendant Employer to pay Christina Perkins~DeLots
punitive damages for its malicious and reckless conduct described herein above, in amounts to be determined at trial.
E. Order Defendant Employer to pay Christina Perkins-OeLois reasonable attorney's fees as part of its costs pursuant to § 706(k) of Title VIl of the Civil Rights Act of 1964.
F, Grant such further relief as the Court deems necessary and proper in the public interest.
6

G. Award the Intervening Plaintiff her costs of this action.
JURY TRIAL DEMAND The Intervening Plaintiff requests ajury trial on all questions of fact raised by its complaint.
Respectfully Submitted,
GAR~~~
Attorney for Intervening Plaintiff, Christina Perkins-DeLois
Gary R. Welsh GARY R. WELSH, P.C. 320 N. Meridian, Suite #615 Indianapolis, IN 46204 Phone: 317-684-0099 Fax: 317-634-1754 e-mail: gwelsh@ameritech.net
7

 
 IN TIIE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

and CHRlSTINA PERKINS·DELOIS
Plaintiff-Intervenor v.
dlh/a DANCER'S
Defendant

)

)

)

)

)

)

)

CIVIL ACTION NO..

)

1:06-CV-1436-LJM-WTL

)

)

)

)

)

)

)

)

)

Pursuant to Rule

of the Federal Rules of Civil Proeedure, the Plaintiff,

hmlple,ym.ent ()r,,,,,,,rlmlitv ComTl'1iss:ion Plaintiff-Intervenor Christina Perkin~-DeLois, and

Defendant MER COirporatj,on, dlh/a Dancer's Show

;:'''!J'U1'''':; to the entry of this Order for the ---,--,;; -- of certain confidential infomlation

which may be prc,oru::eo or otherwise disclosed

the course of this action.

the

SO ""1""""""'"', this Court

determined that a

Protective Order is necessary and anrlrnrlria'le "'~!'L"U" to the terms afFed. R. Civ. P.

and

the Court othenvise

advised in the Vlt'um,t'!i,

IT IS HEREBY ORDERED that:

For the purposes ofthis

the luu.uwun, definitions shall govern:

1. "CONFIDENTIAL INFORMAnON" shall mean all infonnation identified in "",..",m"....h

14 of this

2.

"COUNSEL" shall mean all attorneys of record in the ab(Jve'-ca:ptiionf~d case and their

agenL"; and

3. "SUPPORT PERSONNEL" shall mean any clerical and/or support

secretarial support

any

retained to record and transcribe testirrlon.y in this

any

in-house or mdlepl~mleTn

retained or used for the sole purpose

nh"t",,,","""~ of

CONFIDENTIAL INFORMATION.

4.

infonnation disclosed pursuant to this Protective Order shall be used

for the

purposes ofthi:;: lawsuit and may not be used, or

for any other purpose.

5. In res'porlOlflgto written dls,co'verv. the

of their

response which contains CONFIDENTIAL INFORMATION pursuant to this

the material in a manner that will not interfere with its

as follows: "CONFIDENTIAL

-this is 6. The

to the Protective Order in ~'-'='-"~~"-!.::...!.C!=<!-"-'=~""'

COUNSEL shall be

to disclose such CONFIDENTIAL

INFORMATION to their

and any <'£I",,,,,ll;no

expects to the extent

necessary to prepare this matter for trial and then only after such individuals have read tllis

...H'!'UJ'.uc"u Protective Order and have

in

not to

or

otherwise use any CONFIDENTIAL INFORMATION of the

party in violation ofthe

tenns and

of this Protective Order. The r..",uir......",,,,t of a written agreement shall be

satisfied

the individual a copy of the

Letter attached

2

hereto. The

copy of the Protective Order shall be by COUNSEL for the

party.

7.

The .""...iv;na

COUNSEL shall be nM'm;ll"rl to disclose CONFIDEJ>...'TIAL

INFORMATION to SUPPORT PERSONNEL without the need for a written agreement

nrovlClI'ci each individual is instructed to maintain such information in strict confidence and then

to the extent necessary to prepare this matter for trial.

8.

The .' 1<;\;'ClV '1'. party,

all SUPPORT PERSONNEL

and any experts

the

or COUNSEL are

CONFIDENTIAL INFORMATION to any individual not COfltenlpiflted the terms of this

Protective Order absent a court If a party receives a sublpo.enaor

sub'ooc:na, or the written consent of the 'O''''~H'O party. enforceable order reqlulrmg disclosure of any

CONFIDENTIAL

the recelvlllll party shall

to the disclosure of such

this Protective

and shalllmrJrled.latcly

notice thereof to the

orilginatirlg party and its counsel.

9.

contained herein shall

a party from

an order

l'''lJlHHlLlHl!;; the disclosure of CONFIDENTIAL INFORMATION to non-party witnesses. The

agree to confer in faith to resolve any concerns rel!1I.ro.lnl! the disclosure of

CONFIDENTIAL INFORMATION to non-party mtnesses.

10. CONFIDENTIAL INFORMATION disclosed

a depIOSllllOn flhalL be so "''''''5m"o;;...

on the record unless othenvise

the Court KerlOrtlf'f shall be instructed

to ~-¥--->J transcribe such tcsl:lm~:my under

cover with each page

marked as "CONFIDENTIAL."

3

11.

responses, and any other documents filed with the

Court which have been U"""g.l1l:Ht;U as CONFIDENTIAL INFORMATION shall be filed in a

sealed em/cleme

the title oflhis action with an indication of the

nature of its

contents and a statement "Ul.,,,,,,uu,,,.uy in the

form:

"THIS ENVELOPE CONTAINS CONFIDENTIAL DOCUMENTS FILED IN THIS

CASE BY

OF

EXCEPT BY ORDER OF THE COURT OR

PURSUANT TO STIPULATION BY THE PARTIES, SHALL NOT BE OPENED

NOR THE CONTENTS THEREOF DISPLAYED OR REVEALED TO ANYONE

OTHER THAN TO THE COURT OR COUNSEL OF RECORD.

This nrr""",,,,,.. shall not be deemed to prevent additional

plelildulg or paper from

hand-delivered to the Court's chambers ""'<""'';'''; h'~w'~ver. such

with the

re"um~m(~nts set forth herein.

12. Procedures for

and 1.";;"dV~Ul'" CONFIDENTIAL INFORMATION

trial

shall be discussed and

to the submission oftile Final Pre-trial

Order and,

nco'rpc,ratled therein.

n.

termination orthis

and

or

settlernCTiLt, all materials and documents ",",'ol191<ll<;U as CONFIDENTIAL INFOIUvlATION, as

well as all

"UIJ'UW:t11"", and abstracts

shall be returned to the onjgm'il.untg source or

14. This Protective Order

to the documents listed below. From time to

agreement of the

additional documents may be added to this list the

ora

supiplemental list with the Court.

The

documents are included in the Protective Order;

a. Documents

the wages earned Christina Perkins-DeLois.

b. Personnel files of all

of MER
4

d/b/a Dancer's Show Club.

c, Medical records of Christina Perkins·DeLois.
IT IS SO ORDERED this 28tilday _J_u_n_e_ _ _--' 2007.

APPROVED:
EMPLOYMENT OPPORTUNITY COMMISSION

Han. William T. Lawrence, Magistrate Judge United States District Court Southern District of Indiana

MER

d/b/a

DANCER'S SHOW CLUB

JO ANN

#8364-49

EMPLOYMENT OPPORTUNITY

COMMISSION

101 West Ohio Street. Stc. 1900

IN 46204

CHRISTINA PERKINS-DELOIS

RSCICOHTATRTDIAM. RBOECRAPMAN~g

$

7

-

....
0 >

ROCAP

LLP

6666 E. Street

Suite 410e. 2200

lIU,I'i:map011,$, IN 46250

320 North Meridian Street Suile 615
IN 46204
5

Sample Confidentiality Letter

Re:

etaL MER

The

that he/she has is familiar with, and

understands the terms of the Protective Order entered in the above-entitled action on or about

,2007, that he/she is

to be a proper

of the confidential

information as

the Protective

that he/she will not disclose the

confidential information to any

to whom disclosure is not authorized the terms of the

Protective

that he/she not use the confidential information in any manner whatsoever

other than tor purposes of the above-entitled

and that he/she agrees to be bound the

terms of the Protective Order. The

further agrees that the Court in the above-

enti1led action has

over himlher for the purposes

or

,-v.",,,.,.u<uu Information and/or the Protective

but not

prcICe(:dulg that relates to the enforcement ofthe I'roteetive Order.

Subscribed and sworn to me, a _ _ _ _ _ _,2007,

Public in and for said

and State, this

Public

Commission Resident

Indiana

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

and

)

)

CHRISTINA PERKINS-DELOIS

)

)

Plaintiff-Intervenor

)

)

v.

)

)

MER CORPORATION, d/b/a DANCER'S

)

SHOW CLUB,

)

)

Defendant.

)

-----------------------------)

CIVIL ACTION NO.: 1:06-CV-1436-LJM-WTL

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission

("Commission") under the authority granted to it under Section 706(f)(1) of Title VII of the Civil

Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1). The Commission's action was

brought to correct alleged unlawful employment practices on the basis of sex. Specifically, the

Commission alleged in its Complaint that MER Corporation, d/b/a Dancer's Show Club ("MER

Corporation") forced Christina Perkins-DeLois to take maternity leave.

The Commission, Plaintiff-Intervenor Christina Perkins-DeLois and Defendant MER

Corporation, d/b/a Dancer's Show Club hereby stipulate to the jurisdiction of the Court over the

parties and the subject matter of this action.

The parties have advised the Court that they desire to resolve the remaining allegations in

the Complaint without the burden, expense, and delay of further litigation.

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 this Consent

Decree; and (3) this Consent Decree resolves all the matters in controversy between the parties as

provided in paragraphs 1 through 13 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. MER Corporation agrees that:

a.

it will not discriminate against employees because they are pregnant;

b. it will not engage in any act, policy or practice that has the purpose or

effect of discriminating against employees or applicants for employment on the

basis of sex; and

c. it will not discriminate or retaliate in any way against any person because

of opposition to a practice made unlawful under Title VII or because of the filing

of a charge, the giving of testimony, assistance or participation in any manner in an

investigation, proceeding or hearing under Title VII.

2. To resolve this matter without the burden and expense of further litigation, MER

Corporation agrees to pay $36,500.00 to Christina Perkins-DeLois in settlement of this cause of

action. Of this amount, $6,000.00 shall be treated for tax purposes as back pay damages. The

remaining amount of $30,500.00 shall be treated for tax purposes as compensatory damages.

MER Corporation agrees not to deduct from the compensatory damage settlement amount of

$30,500.00 the amount of the employer's share of any costs, taxes or social security required by

law to be paid by MER Corporation. MER Corporation further agrees to issue a form 1099 for

the amount of damages that have been deemed compensatory damages. All payments shall be

made by check and made payable to Christina Perkins-DeLois and her personal counsel, Gary

Welsh and sent to her personal counsel, Gary Welsh. Thirty days from the entry of this Consent

2

Decree by the Court, the Commission will forward a release to Christina Perkins-DeLois for her execution. A copy of the release is attached hereto as Appendix A. The Commission will notify counsel for MER Corporation on receipt of the release executed by Christina Perkins-DeLois. Then, within forty-five days from the entry of this Consent Decree by the Court, or within five days of the Commission's notification that it has received the release signed by Ms. PerkinsDeLois, whichever is later, MER Corporation shall mail the settlement check to Ms. PerkinsDeLois's personal counsel, Gary Welsh. In any event, MER Corporation agrees that it will not mail the check to Mr. Welsh prior to January 2, 2008. MER Corporation shall mail a copy of MS.Perkins-DeLois's check and proof of its delivery to her personal counsel (a signed certified mail receipt) to the Commission in the care of Laurie A. Young, Regional Attorney, or her successor, Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis, Indiana, 46204. The Commission shall forward Ms. Perkins-DeLois's executed release to MER Corporation's counsel upon receipt of proof of delivery of the settlement check to her personal counsel.
3. MER Corporation agrees to post the Notice of Non-Discrimination Policy attached as Appendix B to this Decree in a conspicuous place on its premises. Said notice shall remain posted throughout the term of this Decree.
4. MER Corporation agrees to eliminate from the record of Christina Perkins-DeLois all reference to her charge of discrimination and participation in this suit and shall make no reference to such charge or participation in the event that it is contacted for references. This provision survives the expiration of the Consent Decree.
5. MER Corporation agrees to notify all of its current and future employees who possess hiring and firing authority that discrimination because of pregnancy violates Title VII and that pregnancy is not a factor to be considered in any employment decision.
3

6. MER Corporation agrees that its managers and supervisors shall attend a training

seminar regarding sex discrimination (including but not limited to pregnancy discrimination).

Said individuals must attend a seminar within twelve (12) months from the date of entry of this

Decree. Thirty (30) days prior to the date of the seminar, MER Corporation shall provide notice

to the Commission regarding the date, time and place of the seminar, and shall send to the

Commission a copy of the seminar program. The Commission may provide reasonable input on

the content of the program.

7.

MER Corporation agrees to submit reports to the Commission detailing its

compliance with this decree.

a. Within sixty (60) days of the date of this Decree, MER Corporation will

certify to the EEOC Regional Attorney Laurie A. Young, that it has informed its

employees that pregnancy is not a factor to be considered when making any

employment decision;

b.

In addition, four (4) annual reports shall be submitted during the term of

this decree. The first report shall be due on June 30, 2008 and the subsequent

reports shall be mailed to the Commission no later than June 30th of each year

covered by the decree. The report shall include the following information for the

twelve (12) month period preceding the report: the name, position, home address,

home telephone number and reason for discharge of all employees who are

discharged during their pregnancy.

Reports shall be sent to the attention of Laurie A. Young, Regional Attorney, or her successor,

Equal Employment Opportunity Commission, 101 W. Ohio Street, Suite 1900, Indianapolis,

Indiana, 46204.

8. MER Corporation agrees that the Commission may review compliance with this

4

Decree. As part of such review, the Commission may inspect the premises, interview employees, and examine and copy documents. The Commission agrees to notify counsel for MER Corporation in writing at least fourteen (14) days in advance of its intent to conduct an inspection.
9. In the event that the Commission alleges that a violation of this Decree has occurred, prior to exercising any remedy provided by law, the Commission will give notice in writing by certified mail, specifically identifying the alleged violation to MER Corporation, with a copy to its counsel. MER Corporation will have thirty (30) days in which to investigate and respond to the allegation. Thereafter, the parties will have a period of thirty (30) days, or such additional period as may be agreed upon by them, in which to negotiate and confer regarding such allegation, before the Commission exercises any remedy provided by law.
10. The Commission and MER Corporation shall each bear their own costs and attorney fees.
11. The Commission, Christina Perkins-DeLois and MER Corporation agree that the execution, approval or agreement to the issuance of this Consent Decree is not an admission of wrongdoing or guilt with regard to the allegations of the Commission or Christina Perkins-DeLois in the above captioned matter, all of which allegations are denied by MER Corporation. The execution, approval and agreement of MER Corporation to this Consent Decree is issued solely to avoid the delay and expense of further litigation.
12. The term of this Decree shall be for five (5) years following the date of the entry of this Decree.
13. RETENTION OF JURISDICTION BY COURT The Court will retain jurisdiction of this cause throughout the duration of this Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.
5

11/20/2007
Date
Copies to: Jo Ann Farnsworth, Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street, Suite 1900 Indianapolis, IN 46204 Gary R. Welsh GARYR. WELSH, P.C. 320 North Meridian Street Suite 615 Indianapolis, IN 46204 Richard A. Rocap Scott L. Timberman ROCAP WITCHGER, LLP 6666 E. 75th Street Suite 410 Indianapolis, IN 46250
6

APPENDIXB
EMPLOYEE NOTICE
NOTICE OF NON-DISCRIMINATION POLICY
Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's race, color, religion, sex, national origin, age (over 40) or disability. Federal law also prohibits discrimination in the workplace against employees because of their pregnancy. More specifically, pregnancy is not a factor to be considered in any employment decision. MER Corporation, d/b/a Dancer's Show Club supports and will comply with such Federal law in all respects and will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or have 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 the U. S. Equal Employment Opportunity Commission for the purpose of filing a charge of employment discrimination.
Questions concerning this notice may be addressed to: Equal Employment Opportunity Commission 101 W. Ohio St., Suite 1900 Indianapolis, Indiana 46204-4203 Telephone: (317) 226-7212 EEOC 800 # 1-800-669-4000 TDD (317) 226-4162
7

APPENDIX A
RELEASE In consideration of the payment to me by MER Corporation, d/b/a Dancer's Show Club of $36,500.00 (less any applicable taxes or withholdings), and in consideration of the Consent Decree agreed to by me, the Equal Employment Opportunity Commission and MER Corporation in Civil Action No. 1:06-CV-1436-LlM-WTL, entered by the Court on the _ _ _ day of _ _ _ _ __ 2007, of which this Release is a part, I, Christina Perkins-DeLois, for myself and for my heirs, assigns, agents and representatives, hereby fully and forever release and discharge MER Corporation, d/b/a Dancer's Show Club, its successors and assigns, including its present and former shareholders, directors, officers, employees and agents, from any claim, loss, cost, expense or obligation based on the claim that MER Corporation, d/b/a Dancer's Show Club forced me to take maternity leave in violation of Title VII, as raised in Civil Action No. 1:06-CV-1436-LJM-WTL. I agree that I will be solely and individually responsible for paying any and all taxes (including FICA or otherwise) which may be due and owing, if any, as a result of Defendant's payment of the sum set forth above. I acknowledge that I have not relied on any representations made by Defendant, its counsel, or the EEOC, or its counsel, including without limitation, any representation as to the tax treatment of the payments pursuant to this agreement. 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 the _ _ _ day of _ _ _ _ _ _, 2007.
Christina Perkins-DeLois 8

County of

)

)SS

State of

)

Subscribed and sworn to before me this ___ day of _ _ _ _ _, 2007.

Notary Public

9

 
 . LIVE

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CLOSED,CMP
u.s. District Court
Southern District of Indiana (Indianapolis) CIVIL DOCKET FOR CASE #: 1:06-cv-01436-LJM-WTL

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. MER CORPORATION Assigned to: Judge Larry J. McKinney Referred to: Magistrate Judge William T. Lawrence Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 0912912006 Date Terminated: 1112012007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U. S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by Jo Ann Farnsworth EEOC 101 West Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7949 Fax: (317)226-5571 Email: joann.farnsworth@eeoc.gov ATTORNEY TO BE NOTICED

Kenneth L. Bird EQUAL EMPLOYMENT OPPORTUNITY COMM 101 West Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7204 Fax: (317)226-5571 Email: kenneth.bird@eeoc.gov ATTORNEY TO BE NOTICED

Laurie A. Young EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7202 Fax: (317)226-7203 Email: legal. station@eeoc.gov ATTORNEY TO BE NOTICED

Michelle Eisele

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v.
Intervenor Plaintiff CHRISTINA PERKINS-DELOIS
v.
Defendant MER CORPORATION doing business as DANCER'S SHOW CLUB

Date Filed

Docket Text

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 101 W. Ohio Street Suite 1900 Indianapolis, IN 46204 (317)226-7212 Fax: (317)226-7953 Email: michelle.eisele@eeoc.gov ATTORNEY TO BE NOTICED
represented by Gary R. Welsh 320 North Meridian Street Suite 615 Indianapolis, IN 46204 (317) 684-0099 Fax: (317) 634-1754 Email: gwelsh@ameritech.net ATTORNEY TO BE NOTICED
represented by Richard A. Rocap ROCAP WITCHGER, LLP 6666 East 75th Street Suite 410 Indianapolis, IN 46250 (317) 577-5380 Fax: (317) 577-5385 Email: rar@rocap-witchger.com ATTORNEY TO BE NOTICED
Scott Lee Timberman ROCAP WITCHGER LLP 6666 East 75th Street Suite 410 Indianapolis, IN 46250 317-577-5380 Fax: 317-577-5385 Email: s1t@rocap-witchger.com ATTORNEY TO BE NOTICED

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1 COMPLAINT against MER CORPORATION, with Jury Demand, filed by
-
Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(SDP)
(Entered: 0912912006)

-2 CIVIL COVER SHEET, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (SDP) (Entered: 0912912006)

-3 Summons Issued as to Defendant, MER CORPORATION. (SDP) (Entered: 0912912006)

4 NOTICE of Appearance filed by Kenneth L. Bird on behalf of Plaintiff, EQUAL
-
EMPLOYMENT OPPORTUNITY COMMISSION. (SDP) (Entered:
0912912006)

5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued.
-
(SDP) (Entered: 0912912006)

-6 NOTICE of Appearance by Richard A. Rocap on behalf of Defendant MER CORPORATION. (Rocap, Richard) (Entered: 1010412006)

7 NOTICE of Appearance of Gary R. Welsh on behalf of Christina Perkins-DeLois -
-
INTERVENOR (MAC) (Entered: 1010412006)

8
-

MOTION to Intervene, filed by Intervenor CHRISTINA PERKINS-DELOIS.

(Attachments: # 1 Complaint in Intervention# ~ Notice ofMotion# l Text of

Proposed Order)(MAC) (Entered: 1010412006)

9
-

NOTICE of Parties' First Extension of Time, filed by Defendant MER

CORPORATION. (Rocap, Richard) (Entered: 1010412006)

10 SCHEDULING ORDER:Initial Pretrial Conference set for 1/81200708:30 AM in
-
room #277 before Magistrate Judge William T. Lawrence. Signed by Judge
William T. Lawrence on 1010612006. (TMA) (Entered: 1010612006)

11 NOTICE of Appearance by Scott Lee Timberman on behalf of Defendant MER
-
CORPORATION. (Timberman, Scott) (Entered: 1010912006)

-12 ORDER granting ~ Motion to Intervene as plaintiff by Christine DeLois-Perkins. Signed by Judge Larry J. McKinney on 10126/06. (PG) (Entered: 1012712006)

13 Intervenor COMPLAINT, filed by Intervenor Plaintiff, CHRISTINA
-
PERKINS-DELOIS.(PG) (Entered: 1012712006)

-14 NOTICE of Substitution of Appearance by Jo Ann Farnsworth replacing Kenneth L. Bird on behalf of EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
(Farnsworth, Jo Ann) (Entered: 10/3112006)

-15 RETURN of Service, filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. MER CORPORATION served on 10/612006. (Farnsworth, Jo
Ann) (Entered: 11/0212006)

-16 Summons Issued as to Defendant, MER CORPORATION. (PG) (Entered: 11/0312006)

17 Defendant's ANSWER to Complaint ofPlaintiff, Equal Employment Opportunity
-
Commission, filed by all defendants.(Timberman, Scott) (Entered: 1112012006)

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01/0812007 02/0112007
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03/0512007 03/0512007 03/0512007 03/0512007 03/0612007 03/0612007

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18 Defendant's ANSWER to Intervenor Complaint of Christina Perkins-Delois, filed
-
by all defendants.(Timberman, Scott) (Entered: 1112012006)
-19 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 1211912006)
-20 NOTICE of Service ofInitial Disclosures, filed by Defendant MER CORPORATION. (Timberman, Scott) (Entered: 01/0212007)
21 ENTRY - Parties appear by counsel for initial pretrial conference. Conference held
-
and concluded without further order. SCHEDULING ORDER: Settlement Conference set for 21231200709:00 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 01/08/07. (TMA) (Entered: 01/0812007)
22 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED.
-
Signed by Judge William T. Lawrence on 01/08/07. (TMA) (Entered: 01/0812007)
-23 SCHEDULING ORDER:Final Pretrial Conference set for 111112008 10:30 AM in room #204 before Judge Larry J. McKinney. Jury Trial set for 112812008 09:30 AM in room #202 before Judge Larry J. McKinney. Signed by Judge Larry J. McKinney on 211107. (PG) (Entered: 02/0112007)
-24 ENTRY FOR FEBRUARY 26,2007: Parties appear for settlement conference on 2123/07. Conference held and concluded without further order. Signed by Judge William T. Lawrence on 2126/07. (JHO) (Entered: 0212612007)
-25 Exhibit List Defendant's Preliminary Witness and Exhibit Lists, filed by Defendant MER CORPORATION. (Timberman, Scott) (Entered: 03/0112007)
26 MOTION for Leave to File Amended Answers to Plaintiffs and Plaintiff in
-
Inervention's Complaints, filed by Defendant MER CORPORATION.,
(Attachments: # 1 Exhibit Exhibit A# ~ Exhibit Exhibit B# l Text of Proposed
Order Proposed Order on Motion for Leave to Amend Answers to Complaints)(Timberman, Scott) (Entered: 03/0212007)
27 Witness List Preliminary, filed by Plaintiff EQUAL EMPLOYMENT
-
OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 03/0512007)
-28 Exhibit List Preliminary, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 03/0512007)
29 Exhibit List, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS.
-
(Welsh, Gary) (Entered: 03/0512007)
-30 Witness List, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Welsh, Gary) (Entered: 03/0512007)
31 Submission of Signature Requirement re 29 Exhibit List by CHRISTINA
-
PERKINS-DELOIS. (Welsh, Gary) (Entered: 03/0612007)
-32 Submission of Signature Requirement re 30 Witness List by CHRISTINA PERKINS-DELOIS. (Welsh, Gary) (Entered: 03/0612007)

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0312112007 0312112007 0312312007 0312312007 0312312007 04/0212007 0512512007 05/3112007 06/0112007

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33 ORDER granting 26 Motion for Leave to Amend Defendant's Answer to Plantiffs
-
Complaint and Intervention's Complaint. Signed by Judge Larry J. McKinney on
3/7/07. (PG) (Entered: 03/0712007)

-34 MOTION to Compel Discovery, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS., (Welsh, Gary) (Entered: 0312012007)

-35 Proposed Order, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS., (Welsh, Gary) Modified on 312112007 (PG). (Entered: 0312012007)

36 RESPONSE in Opposition re 34 MOTION to Compel Discovery by Intervenor
-
Plaintiff, filed by Defendant MER CORPORATION. (Rocap, Richard) (Entered:
0312012007)

37 ***PLEASE DISREGARD FILING. WRONG DOCUMENT
-
ATTACHED***REPLY in Support of Motion re 34 MOTION to Compel Discovery, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Welsh,
Gary) Modified on 312112007 (PG). (Entered: 0312112007)

-38 EXHIBIT in Support re 39 Reply in Support of Motion, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Welsh, Gary) Modified on 312112007
(PG). (Entered: 0312112007)

39 REPLY in Support of Motion re 34 MOTION to Compel Discovery, filed by
-
Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Welsh, Gary) (Entered:
0312112007)

-40 Witness List First Amended Preliminary Witness List, filed by Defendant MER CORPORATION. (Timberman, Scott) (Entered: 0312312007)

-41 NOTICE of Service ofInitial Disclosures, filed by Defendant MER CORPORATION. (Timberman, Scott) (Entered: 0312312007)

42 NOTICE, filed by Defendant MER CORPORATION Notice ofService of
-
Discovery Responses. (Timberman, Scott) (Entered: 0312312007)

-43 ORDER denying as moot 34 Christina Perkins-DeLois's Motion to Compel. Signed by Judge William T. Lawrence on 04/0212007. (TMA) (Entered:
04/0212007)

44
-

SCHEDULING ORDER: Status Conference set for 61211200702:00 PM in room

#277 before Magistrate Judge William T. Lawrence. Signed by Judge William T.

Lawrence on 5125/07. (JHO) (Entered: 0512512007)

-45 MOTION for Continuance ofStatus Conference, filed by Plaintiff EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION., (Attachments: # 1. Text of
Proposed Order)(Farnsworth, Jo Ann) (Entered: 05/3112007)

46 ORDER granting 45 Plaintiffs Motion for Continuance. SCHEDULING ORDER:
-
Status Conference set for 6121/07 is VACATED AND RESCHEDULED for 61271200709:00 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 06/0112007. (TMA) (Entered: 06/0112007)

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47 Minute Entry for proceedings held before Judge William T. Lawrence : Status
-
Conference held on 612712007. (TMA) (Entered: 0612712007)
-48 Joint MOTION for Protective Order, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION., (Farnsworth, Jo Ann) (Entered: 0612712007)
49 STIPULATED PROTECTIVE ORDER. Signed by Judge William T. Lawrence
-
on 6128/07. (JHO) (Entered: 0612812007)
-50 MOTION to Stay Discovery on Issue ofPunitive Damages, filed by Defendant
MER CORPORATION., (Attachments: # 1 Text of Proposed Order)(Timberman,
Scott) (Entered: 0812212007)
-51 RESPONSE in Opposition re 50 MOTION to Stay Discovery on Issue ofPunitive Damages, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 0812312007)
-52 RESPONSE in Opposition re 50 MOTION to Stay Discovery on Issue ofPunitive Damages, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Welsh, Gary) (Entered: 0812312007)
-53 Witness List -Amendment to Preliminary Witness List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 09/0412007)
-54 ORDER denying 50 Defendant's Motion to Stay Discovery on the Issue of Punitive Damages. (See Entry) Signed by Judge William T. Lawrence on 0911412007. (TMA) (Entered: 0911412007)
-55 Witness List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 0912512007)
56 Exhibit List, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY
-
COMMISSION. (Farnsworth, Jo Ann) (Entered: 0912512007)
-57 Witness List Final, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Welsh, Gary) (Entered: 0912612007)
58 Exhibit List Final, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS.
-
(Welsh, Gary) (Entered: 0912612007)
-59 MOTION for Protective Order on the Issue ofPunitive Damages, filed by Defendant MER CORPORATION., (Timberman, Scott) (Entered: 0912712007)
60 Submission Proposed Order on MOTIONfor Protective Order on the Issue of
-
Punitive Damages, filed by Defendant MER CORPORATION. (Timberman, Scott) (Entered: 0912712007)
61 Witness List Final, filed by Defendant MER CORPORATION. (Timberman,
-
Scott) (Entered: 0912812007)
-62 Exhibit List Final, filed by Defendant MER CORPORATION. (Timberman, Scott) (Entered: 0912812007)
63 RESPONSE in Opposition re 59 MOTION for Protective Order on the Issue of
-
Punitive Damages, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS.
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1010312007
1010312007 1011012007
1011012007 1011612007 1011612007 1011612007 1012212007 1012212007 1012912007 1012912007
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(Welsh, Gary) (Entered: 0912912007)

64 Second MOTION to Compel Discovery, filed by Intervenor Plaintiff CHRISTINA
-
PERKINS-DELOIS., (Attachments: # 1 Exhibit A# ~ Exhibit B# l Exhibit C#:1:

Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit 1# 10

-

-

-

-

-

-

Exhibit J# 11 Text of Proposed Order Proposed Order To Compel

Discovery)(Welsh, Gary) (Entered: 1010312007)

65 BRIEFIMEMORANDUM in Support re 64 Second MOTION to Compel
-
Discovery ofDefendant's Financial Records, filed by Intervenor Plaintiff
CHRISTINA PERKINS-DELOIS. (Welsh, Gary) (Entered: 1010312007)

66 RESPONSE in Opposition re 59 MOTION for Protective Order on the Issue of
-
Punitive Damages, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION. (Attachments: # 1 Exhibit A - 9105/07 cover letter to counsel# ~
Exhibit B - Third Request for Production)(Farnsworth, Jo Ann) (Entered:
1011 012007)

-67 SCHEDULING ORDER: Settlement Conference set for 111151200709:00 AM in room #277 before Magistrate Judge William T. Lawrence. (TMA) (Entered:
1011 012007)

68 MOTION for Partial Summary Judgment on Punitive Damages, filed by
-
Defendant MER CORPORATION., (Attachments: # 1 Text of Proposed
Order)(Timberman, Scott) (Entered: 1011612007)

-69 Appendix of Exhibits in Support of Motion re 68 MOTION for Partial Summary Judgment on Punitive Damages, filed by Defendant MER CORPORATION.
(Attachments: # 1 Exhibit 1# ~ Exhibit 2# l Exhibit 3#:1: Exhibit 4)(Timberman,
Scott) (Entered: 1011612007)

70 BRIEFIMEMORANDUM in Support re 68 MOTION for Partial Summary
-
Judgment on Punitive Damages, filed by Defendant MER CORPORATION.
(Timberman, Scott) (Entered: 1011612007)

71 RESPONSE in Opposition re 64 Second MOTION to Compel Discovery, filed by
-
Defendant MER CORPORATION. (Timberman, Scott) (Entered: 1012212007)

-72 EXHIBIT in Support of Response in Opposition to Motion re 64 Second MOTION to Compel Discovery, filed by Defendant MER CORPORATION.
(Timberman, Scott) (Entered: 1012212007)

-73 RESPONSE in Opposition re 68 MOTION for Partial Summary Judgment on Punitive Damages, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS.
(Welsh, Gary) (Entered: 1012912007)

-74 Appendix of Exhibits in Support of Response in Opposition to Motion re 68 MOTION for Partial Summary Judgment on Punitive Damages, filed by
Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Attachments: # 1 Exhibit Exhibit A-Daily Log Entry# ~ Exhibit Exhibit B-Deposition of Jason Hudelson# l
Exhibit Exhibit C-Affidavit of Merrill Roberts# :1: Exhibit Exhibit D--Deposition of
Merrill Roberts# ~ Exhibit Exhibit E--Deposition of Davina Tolliver# 2. Exhibit Exhibit F--Deposition of Kenneth Goods# 1 Exhibit Exhibit G--Deposition of DeLois# ~ Exhibit Exhibit I--Deposition of Beth Reed# 2. Exhibit Exhibit

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1012912007 11/0512007 11/0512007
11/0812007 1111612007
1111912007 1112012007

J--Defendant's Response to RFP)(Welsh, Gary) (Entered: 1012912007)
75 RESPONSE in Opposition re 68 MOTION for Partial Summary Judgment on
-
Punitive Damages BriefIn Support ofResponse Opposing Defendant's Motion for Partial Summary Judgment, filed by Intervenor Plaintiff CHRISTINA PERKINS-DELOIS. (Welsh, Gary) (Entered: 1012912007)
-76 RESPONSE in Opposition re 68 MOTION for Partial Summary Judgment on Punitive Damages, filed by Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Farnsworth, Jo Ann) (Entered: 11/0512007)
-77 Appendix of Exhibits in Support of Response in Opposition to Motion re 68 MOTION for Partial Summary Judgment on Punitive Damages, filed by Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit A-Performance review# ~ Exhibit B-transcript oftape# .l Exhibit C-Affidavit ofM. Roberts# :!: Exhibit D-portions of Perkins-DeLois deposition# 2. Exhibit E-portions of Hudelson deposition# 2 Exhibit F-portions of Reed deposition# 1 Exhibit G-portions of Goods deposition# ~ Exhibit H-portions of B.Nicholson deposition# .2 Exhibit I-portions of S.Nicholson deposition# 10 Exhibit J-portions of Roberts deposition# 11 Exhibit K-portions of Toliver
deposition)(Farnsworth, Jo Ann) (Entered: 11/0512007)
-78 ENTRY - The Defendant's motion for protective order (docket #59) and the Plaintiff-in-Intervention's second motion to compel (docket #64), are both taken under advisement pending the Court's ruling on the Defendant's motion for partial summary judgment. Signed by Judge William T. Lawrence on 11/0812007. (TMA) (Entered: 1110812007)
79 Minute Entry for proceedings held before Judge William T. Lawrence : Parties
-
appear in person and by counsel for settlement conference. Conferenceheld and successfully concluded. A settlement has been reached. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates, if any, are VACATED. IT IS ORDERED that within thirty (30) days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. (TMA) (Entered: 1111612007)
-80 Joint MOTIONfor Entry of Consent Decree, filed by Plaintiff EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION., (Attachments: # 1 Text of
Proposed Order)(Farnsworth, Jo Ann) (Entered: 1111912007)
-81 ORDER ON CONSENT DECREE. Signed by Judge Larry J. McKinney on 11120/07. (PG) (Entered: 1112112007)

Case #: 1:06-cv-01436-LJM-WTL

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