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

C'~~~U\l;~1W8 EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

) )

JUDGE POLSTER

v.

)

)

COMPLAINT AND

)

JURY TRIAL DEMAND

M. DiGIOIA COMPANY, LLC,

)
) ¥AG. JUDGE BAUGHMAN

)

)

Defendant.

)

)

)

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, to correct unlawful employment practices on the basis of sex, (female) and to make whole Teresa M. Trout who was adversely affected by Defendant's unlawful practices.
On or about May 9, 2005, and continuing through at least September of 2005, Teresa M. Trout was denied hire as a Heavy Equipment Operator with Respondent.

Teresa M. Trout was overlooked for at least four available Heavy Equipment Operator positions for which she was well qualified, in favor of less qualified males.
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, 42 U.S.C. §2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981 a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Ohio, Eastern Division.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission ("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 M. DiGioia Company, LLC (the "Employer") has continuously been an Ohio corporation doing business in the State of Ohio and City of North Royalton 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 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 institution of this lawsuit, Teresa M. Trout filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this suit have been fulfilled.
7. Since at least May 9, 2005, Defendant Employer engaged in unlawful employment practices in North Royalton, Ohio, in violation of Sections 703 of Title VII, 42 U.S.C. §2000e-2.
a) Beginning in May of 2005, Defendant Employer advertised for Heavy Equipment Operators and Laborers on the Internet and in local newspapers. b) On May 9,2005, Teresa M. Trout telefaxed her resume to Defendant in response to the job advertisements. Ms. Trout also visited the Defendant's Office and completed an employment application and left a second copy of her resume. c) Teresa M. Trout, at all times pertinent to this Complaint, was a member in good standing of the International Union of Operating Engineers Local 18, and as such was a fully qualified Heavy Equipment Operator and Laborer. d) Beginning on May 9, 2005 through at least September 21, 2005, Defendant hired four males to the positions which Teresa M. Trout sought. e) Defendant never telephoned or made any other attempt to contact Teresa M. Trout concerning her interest in employment, with Defendant, despite her

numerous attempts to talk to Defendant's hiring officials concerning the aforementioned job opportunities which she sought. 8. The effect of the practice(s) complained of above has been to deprive Teresa M. Trout of equal employment opportunities and to otherwise adversely affect her status as a job applicant due to impermissible considerations of her sex, female. 9. The unlawful practices complained of above were intentional. 10. The unlawful employment practices complained of above were undertaken with malice and/or reckless indifference to the federally protected rights of Teresa M. Trout.
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 discriminating against individuals by the implementation of practices and policies which discriminate on the basis of sex, female. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for persons regardless of sex and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Teresa M. Trout, 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 Teresa M. Trout by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, backpay and front pay in amounts to be proven at trial.
E. Order Defendant Employer to make whole Teresa M. Trout, by providing compensation for past and future pecuniary losses, in amounts to be proven at trial.
F. Order Defendant Employer to make whole Teresa M. Trout by providing compensation for non-pecuniary losses in amounts to be proven at trial.
G. Grant an order assessing punitive damages against Defendant Employer for its malicious and reckless conduct described herein above in amounts to be determined at trial.
H. Grant such further relief as the Court deems necessary and proper in the public interest.
I. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on ali questions of fact raised by its Complaint.
Respectfully submitted,
JAMES L. LEE DEPUTY GENERAL COUNSEL
GWENDOLYN YOUNG REAMS ASSOCIATE GENERAL COUNSEL Washington, D.C.

~.•L 'LM.H"~.M7
0 acqueline McNair Regional Atto rney Philadelphia District Office Philadelphia , PA 19106 Jacgueline .McNair@eeoc.gov
C?~~
C. Larry Watson Associate Regional Attorney Registration No. 0031443 Larry .Watson@eeoc .gov
'O{njce., 'I UJ~r{RJu~_ Donna Wiffia'ms-Alexander Senior Trial Attorney Registration No. 0037838
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Cleveland Field Office Anthony J. Celebrezze Office Building 1240 East Ninth Street Cleveland, Ohio 44199 (216) 522-7454 (216) 522-7430 fax Donna .Williams-Alexander@eeoc .gov

 
 " I, f·

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Equal Employment Opportunity Commission, )

)

Plaintiff,

)

)

vs.

)

)

M. DiGioia, LLC,

)

)

Defendant.

)

CASE NO. I:06cv1S88 JUDGE DAN A. POLSTER
DISMISSAL ENTRY

The Court held a settlement conference on December 15, 2006, with the parties and their counsel and a followup teleconference with counsel on January 17, 2007. The Court has been advised by counsel by telephone today that this matter has been settled. Accordingly, this case is hereby dismissed with prejudice, each party to bear its own costs.
The Court retains jurisdiction over the settlement agreement. IT IS SO ORDERED.

Dan Aaron Polster United States District Judge

 
 Northern District of Ohio - Docket Report

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?184536379076553-L_3...

Baughman, Cat03, Standard, Termed
U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 1:06-cv-01588-DAP

Equal Employment Opportunity Commission v. M. DiGioia Company, LLC Assigned to: Hon. Dan Aaron Polster Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/29/2006 Date Terminated: 02/26/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C. Larry Watson U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7455 Fax: 216-522-7430 Email: larry.watson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna L. Williams-Alexander U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7454 Fax: 216-522-7430 Email: Donna.Williams-Alexander@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant M. DiGioia Company, LLC

represented by Joseph R. Spoonster, III Ste. 280 4040 Embassy Parkway Akron, OH 44333 330-665-5445 Fax: 330-665-5446 Email: jspoonster@fklaborlaw.com

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ATTORNEY TO BE NOTICED

Date Filed 06/29/2006 06/29/2006 09/11/2006 09/12/2006
09/27/2006 10/02/2006
10/11/2006 10/25/2006 12/14/2006 01/17/2007
02/26/2007

#

Docket Text

1 Complaint with jury demand against M. DiGioia Company, LLC. Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(C, BA) (Entered: 06/30/2006)
Random Assignment of Magistrate Judge Baughman, pursuant to Local Rule 3.1. (C, BA) (Entered: 06/30/2006)
2 Answer to Complaint (Related Doc # 1) filed by M. DiGioia Company, LLC. (Spoonster, III, Joseph) (Entered: 09/11/2006)
3 Case Management Conference Scheduling Order. Case management conference to be held on 9/29/2006 at 1:00 PM at Chambers 18B before Hon. Dan Aaron Polster.Signed by Judge Dan Aaron Polster on 9/12/06. (P, R) (Entered: 09/12/2006)
4 Report of Parties' Planning Meeting filed by Equal Employment Opportunity Commission. (Williams-Alexander, Donna) (Entered: 09/27/2006)
5 Case Management Plan. Case Management Conference held on 9/29/06. Case to proceed on the Standard Track. Discovery due by 4/20/2007, Preliminary Discovery to be conducted by 12/8/06. Parties to be Joined and Pleading Amendments due by 11/17/2006, Dispositive Motions due by 6/15/2007, Settlement Conference set for 12/15/2006 10:00 AM in Chambers 18B before Hon. Dan Aaron Polster. Status Report due by 12:00 p.m. on 12/13/2006. Signed by Judge Dan Aaron Polster on 9/29/06. (P, R) (Entered: 10/02/2006)
6 Notice: 12/15/2006 Settlement Conference reset for 1:00 PM. (P, R) (Entered: 10/11/2006)
7 Notice of Service of Subpoena filed by M. DiGioia Company, LLC. (Spoonster, III, Joseph) (Entered: 10/25/2006)
8 Notice: 12/15/2006 Settlement Conference reset for 1:30 PM in Chambers 18B before Hon. Dan Aaron Polster. (P, R) (Entered: 12/14/2006)
Minute Order of Telephone Conference held on 1/17/07 (non-doucment). Defendant shall promptly provide to Plaintiff the documents previously discussed and agreed upon. Telephone Conference set for 2/26/2007 12:00 PM. By Judge Dan Aaron Polster on 1/17/07. (P,R) (Entered: 01/17/2007)
9 Dismissal Entry. Case settled and dismissed with prejudice, each party to bear ist own costs. Signed by Judge Dan Aaron Polster on 2/26/07.(P,R) (Entered: 02/26/2007)

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