UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TERRANCE K. LEMONS, Plaintiff,

UNITED STATES OF AMERICA, Plaintiff-Intervenor,
v.
PATTONVILLE-BRIDGETON FIRE PROTECTION DISTRICT, et aI.,
Defendants.

JURY TRIAL DEMANDED No. 4:03CV00975 ERW

COMPLAINT IN INTERVENTION.

Plaintiff-Intervenor, United States of America ("United States"), alleges:

1. This action is brought on behalf ofthe United States to enforce the provisions of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII").

2. This Court has jurisdiction over this action under 42 U.S.C. § 2000e-5(f) and

28 U.S.c. § 1345.

3. Defendant Pattonville-Bridgeton Fire Protection District ("Pattonville FPD") is a

governmental agency and a political subdivision of the State of Missouri, created pursuant to

Missouri law.

4. Defendant Pattonville FPD is a person within the meaning of Section 701(a) of Title VII,

42 U.S.C. § 2000e(a), and an employer within the meaning of Section 701(b) of Title VII, 42

U.S.C. § 2000e(b).

5.

Defendant Pattonville FPD is responsible for establishing the terms, conditions and other

practices which bear upon the employment conditions of employees of Pattonville FPD.

6.

Terrance K. Lemons was employed by defendant Pattonville FPD as a firefighter from

July 1989 until February 2003. Lemons is the only African-American ever hired by Pattonville

FPD as a firefighter. During Lemons' employment with Pattonville FPD, co-workers and

supervisors, including members of Pattonville FPD's Board of Directors, subjected Lemons to

frequent harassing conduct, including, but not limited to: using racial slurs to describe and

address Lemons and other African-Americans; scratching the word "nigger" into the driver's side

door of Lemons' car; and subjecting Lemons to less favorable terms and conditions of

employment, including suspension of his pay and benefits, than white firefighters employed by

Pattonville FPD.

7.

Defendant Pattonville FPD has discriminated against Lemons because of his race, black,

in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), among other ways, by:

a. Creating, maintaining, and condoning racial harassment and a racially hostile

work environment at Pattonville FPD;

b. Subjecting Lemons to racial harassment and less favorable terms and conditions

of employment than white firefighters, while employed by Pattonville FPD, which

created an intimidating, hostile or offensive work environment, and which

adversely affected the terms, conditions and privileges of Lemons'

employment;

c. Subjecting Lemons to racial harassment and less favorable terms and

conditions of employment because of his race, black, while he was employed at

Pattonville FPD, which created an intimidating, hostile or offensive work

2

environment, and which was so intolerable that it caused him to resign his

position; and

d. Failing or refusing to promptly or effectively investigate, remedy or prevent the

conduct described in Paragraph 6, supra.

8. The Equal Employment Opportunity Commission ("EEOC") received a timely charge of

discrimination filed by Lemons (Charge No. 280-A2-01384), in which he alleged, inter alia, that

defendant Pattonville FPD discriminated against him in violation of Title VII by subjecting him

to a hostile work environment based on his race.

9.

The EEOC received a timely charge of discrimination filed by Lemons (Charge No. 280-

A3-03468), in which he alleged, inter alia, that defendant Pattonville FPD discriminated against

him in violation of Title VII by suspending his pay and benefits based on his race and retaliation.

10.

Having received notices of right-to-sue, Lemons filed his Complaint in the above-

captioned case alleging, inter alia, violations of Title VII by Pattonville FPD.

11.

The Assistant Attorney General for the Civil Rights Division of the United States

Department of Justice, by delegation from the Attorney General of the United States, has

certified under Section 706(f)(1) of Title VII, 42 U.S.c. § 2000e-5(f)(1), that the above-captioned

case is of general public importance. See attachment hereto.

12. All conditions precedent to the filing of this Complaint in Intervention have been

performed or have occurred.

WHEREFORE, plaintiff-intervenor United States prays that this Court grant the

following relief:

(a) Enjoin defendant Pattonville FPD from failing or refusing to:

3

(i) provide sufficient remedial relief, including backpay with interest, to make Terrance K. Lemons whole for the loss he has suffered as a result of the discrimination against him as alleged in this Complaint in Intervention;
(ii) require Pattonville FPD to adopt a racial harassment policy that includes clear, meaningful and well-publicized provisions describing responsibilities of all supervisors to report and respond to complaints of racial harassment, and to establish an effective mechanism for receiving and responding to complaints of racial harassment;
(iii) provide adequate training to all Pattonville FPD employees and officials responsible for making determinations regarding complaints of racial harassment; and
(iv) take other appropriate nondiscriminatory measures to overcome the effects of discrimination.
(b) Award compensatory damages to Terrence K. Lemons for mental and/or physical injuries incurred as a result of the discrimination against him as alleged in this Complaint in Intervention, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a.
The plaintiff-intervenor United States prays for such additional relief as justice may require, together with its costs and disbursements in this action.
JURY DEMAND The plaintiff-intervenor United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil
4

Rights Act of 1991,42 U.S.C. § 1981a.

R. ALEXANDER ACOSTA

~~t!t?~~~ (~.~s:i~s~tant,~;orney General
By:

DAVID J.i>ALMER

Chief

Employment Litigation Section

Civil Rights Division

2~J.~

JOHN M. GADZICHOW~~~~

Deputy Chief

,-~J

KATHLEEN TOOMEY

Trial Attorney

U.S. Department of Justice

Civil Rights Division

Employment Litigation Section

Room 4611, PHB

950 Pennsylvania Ave., NW

Washington, DC 20530

(202) 616-9504 (phone)

(202) 514-1105 (facsimile)

RAYMOND W. GRUENDER, III United States Attorney Eastern District of Missouri

By:

lsi

CLAIRE M. SCHENK

Civil Chief

Office of the United States Attorney

Thomas F. Eagleton U.S. Courthouse

111 South 10th Street Room 20.333

St. Louis, MO 63102

(314) 539.3995 (phone)

(314) 539.2309 (fax)

Missouri Bar No. 30786

Attorneys for the United States of America

5

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI
EASTERN DMSION
TERRANCE K. LEMONS, Plaintiff,
UNITED STATES OF AMERICA, : Plaintiff-Intervenor, : : Civil Action No. 4:03CV00975 ERW v.
PATTONVILLE-BRIDGETONFIRE :
PROTECTION DISTRICT, gt A,
Defendants.
CONSENT DECREE
On June 2,2004, the United States moved to intervene in this action, which was
originallybrought by Terrence Keith Lemons ("Mr.Lemons") against the Pattonville-Bridgeton
Fire Protection District ("Pattonville"). William Esterline, Daniel Bishop, Roy Bone, Steve Wolf
and Herb Jacobs, in thkr individual and official capacities, and the International Association of
Firefighters, Local 2665 (the 'Vnion") alleging, inter alia,violations of Title W of the Civil
Rights Act of 1964.42 U.S.C. $5 2000e. et seq., as amended ("Title VII"), as well as other
federal and state law causes of action.
The United States sought intervention only against defendant Pattonville, in order to
enforce the provisions of Title W. The United States alleged in its Complaint in Intervention that defendantPattonville discriminatedagainst Mr. Lemons because of his race, black, in violation of Section 703(a) of Title VII, 42 U.S.C. $ 2000e-2(a), by: (1) subjectingMr. Lemons to a racially hostile work environment; (2) subjectingMr. Lemons to less favorable terms and
conditions of employment than white employees; (3) suspending Mr. Lemons' pay and benefits, which constituteda constructive discharge; and (4) failing or'refusingto promptly investigate

and remedy the racial discrimination against Mr. Lemons. On July 13,2004, the Court granted the United States' motion to intervene and directed that its Complaint in Intervention be filed.
Pattonville denies each and every allegation of discriminationmade against it in this lawsuit, and states Mr. Lemons was not subject to a racially hostile work environment, Mr. Lemons did not receive less favorable terms and conditions of employment than white employees, Mr. Lemons was not constructively discharged, and Pattonville took prompt measures to investigate and remedy any alleged racial discrimination against Mr. Lemons. Nevertheless, the United States and Pattonville, desiring that this action be settled, and without the burden of protracted litigation, agree to the jurisdiction of this Court over the parties and the subject matter of this action. The United States and Pattonville also hereby waive, for purposes of this Consent Decree ('Decree'?, hearings and findings of fact and conclusions of law on all issues, and further agree to the entry of this Decree as final and binding between them with regard to the issues raised in the United States' Complaint in Intervention in this case. This Decree, being entered into with the consent of the United States and Pattonville, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by Pattonville or a finding of any wrongdoing or violation by Pattonville of any applicable federal law or regulation with respect to the allegations in the United States' Complaint in Intervention.
In resolution of this action, the parties hereby AGREE to, and the Court expressly APPROVES, ENTERS and ORDERS, the following:

I. PURPOSES OF THIS DECREE 1. The purposes of this Decree are to ensure that:
(a) Pattonville not subject any employee to discrimination on the basis of race andlor retaliation in violation of Title W (discrimination as used in this Decree includes harassment on the basis of race and/or retaliation in violation of %tie VI1);
(b) Pattonville maintains clear, meaningful and well-publicized policies and procedures prohibiting discrimination on the basis of race and/or retaliation in the workplace;
(c) Pattonville provides adequate training to all employees, supervisors and Directors concerning Title W ' s prohibitions against discrimination on the basis of race and retaliation, and on Pattonville's policies and procedures prohibiting discrimination on the basis of race and/or retaliation in the workplace; and
(d) Pattonville offers Mr. Lemons certain relief, as specified herein. IL SCOPE OF DECREE 2. This Decree resolves all legal and equitable claims arising out of the United States' Complaint in h t e ~ e n t i o nfiled against Pattonville in this action. Mr. Lemons and Pattonville have entered into a separate written agreement that contains a full release of all of Mr. Lemons' claims against Pattonville, including his Title W claims, as well as other matters not pertinent to the resolution of the United States' claims in this case. 111. GENERAL INJUNCTrVE RELIEF 3. Pattonville, its employees, supervisors, Directors, agents and all individuals in active concert or participation with it, are enjoined fiom:

(a) engaging in any act or practice that unlawfully discriminates against any person on the basis of race in violation of Title W , a n d
@) retaliating against, or in any way adversely affectingthe terms and conditions of employment of, any person because that person has engaged in practices
protected under 42 U.S.C. 5 2000e-3(a), including, but not limited to, cooperating
with the United States' investigation or litigation of this case. IV. AMENDMENT AND DISSEMINATION OF POLICIES AND PROCEDURES 4. Within sixty (60) calendar days from the date of entry of this Decree, Pattonville shall review and, to the extent necessary, amend its written policies and procedures that prohibit discrimination on the basis of race, to ensure the following provisions are included therein:
a description of the manner in which an employee of Pattonville may make a complaint of discrimination based on race; a clear statement that a complaint of discrimination based on race niay be written or verbal; the identification of all individuals who are authorized to accept complaints of employment discrimination on the basis of race against Pattonville; a statement that all complaints of discrimination based on race will be promptly and objectively investigated; and a statement that Pattonvillewill provide the results of an investigation into a complaint of discrimination on the basis of race to the complaining party in writing, no later than thirty (30) calendar days from the date the complaint is received.

5 . Within thirty (30) calendar days fiom the date of entry of this Decree, Pattonville shall designate a person who shall have responsibility for ensuring that the written policies and procedures set forth in Paragraph 4, above, are fully implemented and complied with. 6 . Within ten (10) calendar days from the date upon which Pattonville implements the written policies and procedures set forth in Paragraph 4, above, Pattonville shall distribute copies of such policies and procedures to all of its employees, supervisors and Directors. 7. Within ten (10) calendar days from the date upon which Pattonville implements the written policies and prdcedures set forth in Paragraph 4, above, Pattonville shall publicize such policies and procedures by, inter alia, posting them in all buildings and facilities used for posting equal employment opportunity information, by email to all employees, and on any internet or intranet website used for posting notices or policy changes for or concerning Pattonville. 8. Pattonville shall ensure that each new employee or Director receives a copy of the written policies and procedures implemented pursuant to Paragraph 4, above, at the time of the new employee's hire or at the time of the Director's election or appointment. Each new Pattonville employee or Director shall sign an acknowledgmentthat she or he has read and understands such policies. The signed acknowledgmentby a new employee shall be placed in the employee's personnel file; and the signed acknowledgment by a new Director shall be maintained by the Fire Chief. V. TRAINING 9. Within one hundred and eighty (180) calendar days fiom the date of entry of this Decree, Pattonville shall provide live mandatory training regarding Title VII's prohibitions against discrimination based on race to all employees, supervisors and Directors. The training shall be of the type and substance previously provided by Pattonville to its employees from the Missouri

Commission on Human Rights, but such training shall specificallyinclude discussion of the written policies and procedures maintained by Pattonville pursuant to Paragraph 4, above. 10. Within thirty (30) calendar days prior to the commencement of such training, Pattonville shall make available to the United States, upon its request, the identity of the individual or business entity that it designates to conduct the training required by Paragraph 9, above, and PattonviUe shall make available a description of the qualifications of such individual or business entity. 11 Within thirty (30) calendar days following the completion of the training required by Paragraph 9, above, Pattonville shall make available to the United States, upon its request, with copies of all training materials used, as well as written attendance records reflecting that the training has been completed and that all employees, supervisors and Directors required by Paragraph 9, above, to attend such training in fact did so. VI. SPECIFIC RELIEF FOR MR LEMONS 12. Without admitting the allegations of the United States as set forth in its Complaint in Intervention, and in settlement of the claims of the United States for relief on behalf of Mr. Lemons, Pattonville shall:
(a) pay Mr. Lemons a total monetary payment of FIFTY-FIVE THOUSAND DOLLARS ($55,000.00);
@) no later than two weeks from the later of the date of entry of this Decree and the effective date of the separate agreement betweenMr. Lemons and Pattonville, reinstate Mr. Lemons to his position as a fuefighterwith full seniority rights, remactive to July 5,1989, for all purposes, except vacation picks, order of callback for overtime and selection of shift assignments; and

(c) provide Mr. Lemons creditableyears of service in its Defined Benefit Pension Plan, for the period of February 18,2003 to his reinstatement date. Pattonville shall amend its Defined Benefit Pension Plan to effectuate this requirement of the Decree.
M. RECORD RETENTION AND COMPLIANCE MONITORING 13. Pattonville shall retain the followingrecords during the term of this Decree or for the period of time required by applicable federal record retention requirements, whichever is longer:
(a) the provisions and effective date of all written policies and procedures implemented pursuant to Paragraph 4, above;
@) all posted notices and posters displayed in its work areas intended to convey information regarding the prohibition of employment discrimhation on the basis of race in the workplace, as set forth in Paragraph 4, above, and the dates when such policies and procedures are posted on Pattonville's internet or inbanet website; and
(c) all documents that come into its possession relating to written or verbal complaints of employment discrimination on the basis of race, fiom any individual against it, including documents relating to Pattonville's investigation and resolution of any such complaints.
14. The United States may review compliance with this Decree at any time, and shall have the right to inspect and copy any documents it deems necessary to monitor Pattonville's compliance with this Decree, upon thirty (30) days written notice to Pattonville, without further order of this Court.

15. Pattonville promptly shaU report to the United States any complaint of discrimination on
the basis of race made by any individual pursuant to Pattonville's written policies and
procedures referenced in Paragraph 4, above, or made to the Equal Employment Opportunity
Commission, the Missouri Human Rights Commission or an other state or local agency charged
with enforcement of anti-discrimination laws pertaining to employment.
WI. DISPUTE RESOLUTION
16. The parties shall attempt to resolve informally any dispute that may arise under this
Decree. If the parties are unable to resolve the dispute expeditiously, either party may move the
Court for a resolution of the issue.
M. GENERAL PROVISIONS
17. The parties shall bear their own costs in this action, including attorney's fees, incurred by
them until the entry of this Decree by the Court. However, the parties shall retain the right to
seek costs for any matter that, in the future,may arise under this Decree and require resolution
by the Court.
18. All documents required to be delivered under this Decree to the United States shall be
sent by overnight mail to the attention oE
Chief Employment Litigation Section U.S. Department of Justice Civil Rights Division 601 D Street, N.W., Room 4040 PHB, Fourth. Floor Washington, D.C. 20004
19. All documents required to be delivered under this Decree to Pattonville shall be sent to
the attention of:
Chief Pattonville Fire Protection District

13900 St. Charles Rock Road Bridgeton, MO 63044

X. JURISDICTION OF THE COURT

20. The Court shall retain jurisdiction over this Decree for the purpose of resolving any

disputes or entering any orders that may be necessary to implement the relief provided in the

Decree. At the end of two (2) years fiom the date of entry of this Decree, this Decree shall be

dissolved and this action shall be dismissed without further order of the Court.

lT is so ORDERED, this lb*day

a y ~ ~ 2005, f .

pdA--
 &a UNlT STATES DISTRICT JUDGE

AGREED AND CONSENTED TO:
On behalf of plaintiff-intervenor United States of America:
BRADLEY J. SCHLOZMAN Acting Assistant Attorney General Civil Rights Division
By:
G.24~~2
DAVID . ALMER
Chief
uL3-
JOHN M. GADZICHOWSKI Principal Deputy Chief KATHLEEN T. TOOMEY [E.D. Bar # 5024871 CARL WASSERMAN [E.D. Bar # 5076731 Trial Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section 950PennsylvaniaAvenue, N.W. PHB, Fourth Floor Washington, D.C. 20530 Telephone: (202)514-3834
On behalf of defendant Pattonville-Bridgeton Fire Protection District:
By:
BRYAN CAVE LLP
One Metropolitan Square, Suite 3600 211 N. Broadway St. Louis, Missouri 63102 (314)259-2000 

(314)259-2020FAX 


 
 Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 1 of 28

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Terrance Keith Lemons,

)

)

Plaintiff,

)

)

v.

)

)

Pattonville-Bridgeton Fire Protection)

District,

)

a political subdivision

)

of the State of Missouri,

)

)

Dan Bishop, individually and in his )

official capacity as chainnan of)

the Board of the Pattonville- )

Bridgeton Fire Protection )

District,

)

)

Bill Esterline, individually and in his )

official capacity as Treasurer )

and Board member of the )

Pattonville-Bridgeton Fire )

Protection District,

)

)

Roy Bone, individually and in his )

official capacity as Secretary )

and Board member of

)

Pattonville-Bridgeton Fire )

Protection District,

)

)

Herb Jacobs, individually and in his )

official capacity as a fonner )

Captain of the Pattonville- )

Bridgeton Fire Protection )

District,

)

Civil Action No. 4:03CV00975ERW
FIRST AMENDED COMPLAINT JURY TRIAL DEMANDED

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 2 of 28

Steve Wolf, individually and in his )

official capacity as acting

)

Captain of the Pattonville- )

Bridgeton Fire Protection )

District,

)

)

International Association of Fire )

Fighters, Local 2665,

)

)

Defendants.

)

COUNT I Nature of the Action This is an action under Title VII of the Civil Rights Act of 1964 (42 U.S.c. § 2000e, et seq.), the Americans With Disabilities Act of 1990 (42 U.S.c. §12101, et seq.), and state pendent claims of infliction of emotional distress, violation of § 287.780, R.S.Mo., 3 violations of § 213.010, et seq., R.S.Mo., breach of contract, and retaliation, all to correct unlawful practices by the Pattonville-Bridgeton Fire Protection District, its current Board of Directors, its employees, and the International Association of Fire Fighters Local 2665 union (" Defendants") and to make whole Terrance Keith Lemons (" Plaintiff"). On July 5, 1989, Plaintiff Terrance Keith Lemons, a black male, began his employment as a firefighter with the Pattonville-Bridgeton Fire Protection District. Throughout his tenure as a firefighter, he was subjected to unwanted and unwarranted racist remarks which became a term and condition of his employment and created a hostile work environment. This racism came to a peak on or about June 3, 2002 when he left work at 7:00 a.m. at which time he noticed

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 3 of 28
that his car, which was parked in the Pattonville-Bridgeton Fire Protection District lot, was vandalized with the word "nigger" scratched in the driver's door. As a result of the years of torment and this final incident, Terrance Keith Lemons suffered extreme emotional distress, and a workers compensation report of injury and claim for compensation were filed. As a result of the constant harassment on the job and the hostile work environment, Terrance Keith Lemons was constructively discharged because of his race (black), his disability, and in retaliation for attempting to file a workers' compensation claim and a charge of discrimination. The Defendants have used their powers to violate Plaintiffs federally protected civil rights.
Jurisdiction and Venue I. Jurisdiction of this Court is invoked pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.c. § 2000e, et seq.), The Americans With Disabilities Act of 1990 (42 U.s.C. 12101, et seq.), 28 U.S.C. §1343 and 28 U.S.C. § 1331. This action is authorized and instituted pursuant to Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and other state pendent claims. 2. The unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Missouri, Eastern Division.

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 4 of 28
Parties 3. Plaintiff Terrance Keith Lemons (hereinafter referred to as the "Plaintiff"), is an individual authorized to bring this action by Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and 28 U.S.C. § 1343 and 28 U.S.c. § 1331. Plaintiff was at all times mentioned herein a former resident of St. Louis County, Missouri and is now a resident and citizen of the County of St. Charles, State of Missouri, Eastern District of Missouri, United States of America. At all relevant times, Plaintiff was working for and employed by Defendant Pattonville-Bridgeton Fire Protection District. 4. Defendant International Association of Fire Fighters, Local 2665, (hereinafter" IAFP") which is located in St. Louis County, Missouri, Eastern District of Missouri is a labor organization in which Plaintiff was a member. At all relevant times, Plaintiff was under a union contract with lAPP. 5. At all relevant times, Pattonville-Bridgeton Fire Protection District (hereinafter referred to as "Defendant Employer"), has continuously been and is now a political subdivision of the State of Missouri, located in the County of St. Louis, State of Missouri, Eastern District of Missouri. 6. At all relevant times, Defendant Employer employs and employed more than fifteen (15) individuals including Defendant Dan Bishop as chairman of the Board of the Pattonville-Bridgeton Fire Protection District, Bill Esterline as Treasurer and Board member of the Pattonville-Bridgeton Fire Protection District, Roy Bone as Secretary and Board member of Pattonville-Bridgeton Fire

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 5 of 28
Protection District, Herb Jacobs as a former Captain of the Pattonville-Bridgeton Fire Protection District, and Steve Wolf as a firefighter and acting Captain of the Pattonville-Bridgeton Fire Protection District.
7. At all relevant times, each of these individuals was employed by Defendant Employer and acted within the course and scope of his employment for Defendant Employer.
8. At all relevant times, Defendant Employer has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 70I(b), (g) and (h) of Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e, et. seq.).
9. Each of the enumerated acts occurred within the Eastern District of Missouri.
Statement of Claims 10. On July 5, 1989, Plaintiff was hired to work for Defendant Employer as a firefighter. II. From the beginning of Plaintiffs employment for Defendant Employer, he was subjected to unwanted and unwarranted racial epithets, remarks, and comments including, but not limited to, those from Defendants Steve Wolf and Herb Jacobs; he was treated differently than all of the other employees who are all white; and he was subjected to a hostile work environment. 12. On or about June 3, 2002 at 7:00 a.m., Plaintiff got off of his shift as a firefighter for Defendant Employer and observed that his car, which was

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 6 of 28
parked on Defendant Employer's lot, had been vandalized with the word "nigger" scratched in the driver's door.
13. As a result of all of these actions, a report of injury and a claim for compensation were filed with the Missouri Department of Labor, Division of Workers Compensation.
14. Plaintiffs physician did not allow Plaintiff back to work because of this pervasive hostile work environment which caused his severe emotional and mental distress.
15. The racist remarks and mistreatment coupled with the vandalism to his car were terms and conditions of his employment and created a hostile work environment.
16. Plaintiff, the only black employee for Defendant Employer, was constructively discharged.
17. Plaintiff was an exemplary employee and this termination was based on Plaintiffs race (black), his disability, in retaliation for being injured on the job and attempting to file a workers' compensation claim, and in retaliation for filing a charge of discrimination.
18. Plaintiff has suffered emotional distress as a result of the actions taken by Defendant Employer, its Defendant employees, and Defendant IAFF.
19. The Defenclants have violated Plaintiffs federally protected civil rights and other rights guaranteed under Missouri law.
20. Plaintiff filed separate charges of discrimination with the Equal

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 7 of 28
Employment Opportunity Commissiun (EEOC) alleging violations of Title VII
by Defendant Employer and Defendant IAFF based on race, violations of the Americans With Disabilities Act basee! on Plaintiffs disability, and violations of retaliation for filing a workers compensation claim and discrimination claims.
2 I . The EEOC and the Department of Justice each issued Plaintiff a Notice of Right to Sue letter. Plaintiff filed this Complaint within 90 days of the receipt of said Notice of Right to Sue letters. All conditions precedent to the filing of this Complaint have been satisfied. A true and accurate copy of Plaintiffs Notice of Right to Sue letter issued by the EEOC is attached hereto as Exhibit I and by the U.S. Departnmli 01 Justice is attached hereto as Exhibit 3 and Exhibit 4, respectively.
22. Defendant Employer terminated Plaintiffs employment based on his race (Black) and therefore made it a term and condition of his employment for Defendant Employer and created a hostile work environment in violation of Title
VII of the Civil Rights Act of 1964) o..nd DeF~~.,.,t XAFP diJ r1cih~'"h, rrmtJ,thlS.
23. That as a direct and proximate result of Defendants' actions in violation of Title VII of the Civil Rights Act of 1964, Plaintiff was damaged in an amount to be proven at the trial in this matter.
24. That Defendants' actiul1s were willful, wanton, malicious, intentional, deliberate, reckless ami l!lvoi\L~d a callous indifference to Plaintiffs federally protected rights.
WHEREFORE, Plaintiff prays this Honorable Court to:

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 8 of 28
A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race;
B. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for citizens of color, and which eradicate the effects of its past and present unlawful employment practices;
C. Order Defendants to make whole Plaintiff, by providing appropriate back pay with Prejudgment Interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement and promotion of the aggrieved individual;
D. Order Defendants to award the Plaintiff his costs and expenses in this action and reasonable attorneys fees;
E. Order all Defendants, except Defendant Employer, to award Plaintiff liquidated damages as a result of Defendants' willful violation of Title VII of the Civil Rights Act of 1964;
F. Order Defendants to award Plaintiff his health insurance benefits, pension benefits, seniority, leave time, sick time, vacation time and other fringe benefits; and
G. Grant such further relief as the Court deems necessary and proper.

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 9 of 28
COUNT II COMES NOW Plaintiff and for Count II of his First Amended Complaint against Defendants state to the Court as follows: 25. Plaintiff restates and realleges each and every allegation in Count I of this First Amended Complaint as if more fully set out herein. 26. Defendant Employer terminated Plaintiffs employment based on his disability (mental) and did not make reasonable accommodations for him; therefore making it a term and condition of his employment for Defendant Employer in violation of The Americans With Disabilities Act of 1990 set forth in 42 U.S.C. §12101, et seq. 27. That as a direct and proximate result of Defendants' actions in violation of The Americans With Disabilities Act of 1990, 42 U.S.C. §12101, et seq., Plaintiff was damaged in an amount to be proven at the trial in this matter, including, but not limited to, lost wages and benefits, emotional pain, suffering, inconvenience, mental anguish, humiliation, and loss of enjoyment of life. 28. At all relevant times hereto, Defendants were aware of the prohibition against disability discrimination as set forth in 42 U.S.c. §12101, et seq. 29. That Defendants' actions were willful, wanton, malicious, intentional, deliberate, reckless and involved a callous indifference to Plaintiffs federally and state protected rights. WHEREFORE, Plaintiff prays that this Court:

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 10 of 28
A. Enjoin Defendants, their successors, officers, agents, representatives, employees, attorneys, and those acting in concert with them, from engaging in the policies and practices complained of hereinabove, or any other discriminatory employment practices which are violative of the law;
B. Order Defendants to accommodate Plaintiff and make him whole for any and all losses or damages suffered as a result of Defendants' unlawful employment practices, including, but not limited to, back pay, interest thereon, front pay, retroactive seniority, pension, health and dental, and other employmentrelated benefits and compensatory damages lost to Plaintiff as a result of Defendants' discriminatory actions and policies as aforesaid;
C. Enter judgment in favor of Plaintiff and against Defendants, jointly and severally, in an amount sufficient to compensate him for his damages set forth above;
D. Award Plaintiff the costs of this action together with his reasonable attorney's fees; and
E. Grant such other and further relief as this Court deems just, equitable, and proper under the premises.
COUNT III COMES NOW Plaintiff and for Count III of his First Amended Complaint against Defendants states to the Court as follows: 30. Plaintiff restates and realleges each and every allegation in Counts I

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 11 of 28
and II of this First Amended Complaint as if more fully set out herein. 31. Jurisdiction of this Count is based on principles of this Court's
pendent jurisdiction in that the Federal claim and this Count derive from a common nucleus of operative facts and are of such nature that they would ordinarily be tried together in one judicial proceeding.
32. That while Plaintiff was employed by Defendant Employer, he exercised or attempted to exercise his rights under Chapter 287, R.S.Mo. (the Workers Compensation Law).
33. Chapter 287 (Missouri Workers Compensation Law) § 287.780, R.S.Mo. states:
No employer or agent shall discharge or in any way discriminate against any employee for exercising any ofhis rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.
34. That as a direct and proximate result of Plaintiffs exercising or attempting to exercise his rights under Chapter 287, R.S.Mo. Defendants Employer, Bishop, Esterline, and Bone terminated benefits which were due Plaintiff from his employ.
35. That Defendants Employer, Bishop, Esterline, and Bone's actions of terminating Plaintiffs benefits and pay were wrongful, wanton, willful, malicious and were discriminatorily motivated.
36. That Defendants Employer, Bishop, Esterline, and Bone's actions of

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 12 of 28
terminating Plaintiffs benefits and pay were in violation of §287.780, R.S.Mo.and that as a direct and proximate result of Defendants Employer, Bishop, Esterline, and Bone's actions, Plaintiff has been damaged.
37. That as a result of Defendants Employer, Bishop, Esterline, and Bone's wanton, willful and malicious acts, Plaintiff is entitled to recover punitive damages from Defendants Bishop, Esterline, and Bone.
WHEREFORE, pursuant to §287.780, R.S.Mo. Plaintiff prays for judgment against Defendants Employer, Bishop, Esterline, and Bone for such damages as are fair and reasonable over $25,000.00, for such punitive damages as are fair and reasonable, for costs of this action, and for such other and further relief as this court deems just and proper under the premises.
COUNT IV COMES NOW Plaintiff and for Count IV of his First Amended Complaint against Defendants states to the Court as follows: 38. Plaintiff restates and realleges each and every allegation in Counts I, II and III of this First Amended Complaint as if more fully set out herein. 39. Jurisdiction of this Count is based on principles of this Court's pendent jurisdiction in that the Federal claim and this Count derive from a common nucleus of operative facts and are of such nature that they would ordinarily be tried together in one judicial proceeding. 40. That Defendants' actions toward Plaintiffs constituted extreme and

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 13 of 28
outrageous conduct, so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community.
41. That as a direct result of Defendants' intentional, extreme and outrageous, reckless, willful, wanton and malicious conduct, Plaintiff was forced to suffer and will continue to suffer in the future extreme emotional distress, loss of earnings, loss of future earning capacity, fright, nervousness, indignity, humiliation, insult, loss of marital relationship and comfort and will be forced to incur medical bills in the future all to his damage in a sum to be proven at the trial in this matter.
42. Plaintiff is entitled to exemplary damages against all Defendants except Defendant Employer.
43. That Plaintiffs emotional distress is and was severe and medically diagnosable.
WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally, in a sum which is fair and reasonable over $25,000 as and for compensatory damages; a sum which is fair and reasonable as and for exemplary damages against all Defendants except Defendant Employer; for costs of this action; and for such other and further relief as this Court deems appropriate under the premises.

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 14 of 28
COUNT V COMES NOW Plaintiff and for Count V of his First Amended Complaint against Defendants states to the Court as follows: 44. Plaintiff restates and realleges each and every allegation in Counts I, II, III and IV of this First Amended Complaint as if more fully set out herein. 45. Jurisdiction of this Count is based on principles of this Court's pendent jurisdiction in that the Federal claim and this Count derive from a common nucleus of operative facts and are of such nature that they would ordinarily be tried together in one judicial proceeding. 46. Plaintiff filed a charge of discrimination with the Missouri Commission on Human Rights (MCHR) alleging violations of his employment based on his race and based on his disability. 47. On April 21, 2003, the MCHR issued Plaintiff a Notice of Right to Sue letter. Plaintiff filed this Complaint within 90 days of the receipt of said Notice of Right to Sue letter. All conditions precedent to the filing of this Complaint have been satisfied. A true and accurate copy of Plaintiffs Notice of Right to Sue letter issued by the MCHR is attached hereto as Exhibit 2. 48. Defendants Employer, Esterline, Bone, and Bishop terminated Plaintiffs employment based on his race (Black) and therefore made it a term and condition of his employment for Defendant Employer in violation of
§213.010, et seq., R.S.Mo.
49. That as a direct and proximate result of Defendants' actions in

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 15 of 28
violation of §213.01O, et seq., R.S.Mo., Plaintiff was damaged in an amount to be proven at the trial in this matter.
50. That Defendants' actions were willful, wanton, malicious, intentional, deliberate, reckless and involved a callous indifference to Plaintiffs federally protected rights.
WHEREFORE, Plaintiff prays this Honorable Court to: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race; B. Order Defendants to institute and carry out policies, practices and programs which provide equal employment opportunities for citizens of color, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendants to make whole Plaintiff, by providing appropriate back pay with Prejudgment Interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement and promotion of the aggrieved individual; D. Order Defendants to award the Plaintiff his costs and expenses in this action and reasonable attorneys fees; E. Order all Defendants, except Defendant Employer, to award Plaintiff

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 16 of 28
liquidated damages as a result of Defendants' willful violation of Title VII of the Civil Rights Act of 1964;
F. Order Defendants to award Plaintiff his health insurance benefits, pension benefits, seniority, leave time, sick time, vacation time and other fringe benefits; and
G. Grant such further relief as the Court deems necessary and proper. COUNT VI
COMES NOW Plaintiff and for Count VI of his First Amended Complaint against Defendants states to the Court as follows:
51. Plaintiffrestates and realleges each and every allegation in Counts I, II, III, IV and V of this First Amended Complaint as if more fully set out herein.
52. Jurisdiction of this Count is based on principles of this Court's pendent jurisdiction in that the Federal claim and this Count derive from a common nucleus of operative facts and are of such nature that they would ordinarily be tried together in one judicial proceeding.
53. Plaintiff filed a charge of discrimination with the Missouri Commission on Human Rights (MCHR) alleging violations of his employment based on his race and based on his disability.
54. On April 21, 2003, the MCHR issued Plaintiff a Notice of Right to Sue letter. Plaintiff filed this Complaint within 90 days of the receipt of said Notice of Right to Sue letter. All conditions precedent to the filing of this Complaint have been satisfied. A true and accurate copy of Plaintiffs Notice of

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 17 of 28
Right to Sue letter issued by the MCHR is attached hereto as Exhibit 2. 55. Defendants Employer, Esterline, Bone, and Bishop terminated
Plaintiffs employment based on his disability (mental) and did not make any reasonable accommodations for him and therefore made it a term and condition of his employment for Defendant Employer in violation of §213.01O, et seq., R.S.Mo.
56. That as a direct and proximate result of Defendants' actions in violation of the Missouri Human Rights Act, R.S.Mo. §213.01O, et seq., Plaintiff was damaged in an amount to be proven at the trial in this matter, including, but not limited to, lost wages and benefits, emotional pain, suffering, inconvenience, mental anguish, humiliation, and loss of enjoyment of life.
57. At all relevant times hereto, Defendants were aware of the prohibition against disability discrimination as set forth in R.S.Mo. § 213.010, et seq.
58. That Defendants' actions were willful, wanton, malicious, intentional, deliberate, reckless and involved a callous indifference to Plaintiffs federally and state protected rights.
WHEREFORE, Plaintiff prays that this Court: A. Enjoin Defendants, their successors, officers, agents, representatives, employees, attorneys, and those acting in concert with them, from engaging in the policies and practices complained of hereinabove, or any other discriminatory employment practices which are violative of the law;

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 18 of 28
B. Order Defendants to accommodate Plaintiff and make him whole for
any and all losses or damages suffered as a result of Defendants' unlawful employment practices, including, but not limited to, back pay, interest thereon, front pay, retroactive seniority, pension, health and dental, and other employmentrelated benefits and compensatory damages lost to Plaintiff as a result of Defendants' discriminatory actions and policies as aforesaid;
C. Enter judgment in favor of Plaintiff and against Defendants in an amount sufficient to compensate him for his damages set forth above, including liquidated damages and punitive damages;
D. Award Plaintiff the costs of this action together with her reasonable attorney's fees; and
E. Grant such other and further relief as this Court deems just, equitable, and proper under the premises.
COUNT VII COMES NOW Plaintiff and for Count VII of his First Amended Complaint against Defendants states to the Court as follows: 59. Plaintiffrestates and realleges each and every allegation in Counts I, II, III, IV, V and VI of this First Amended Complaint as if more fully set out herein. 60. Jurisdiction of this Count is based on principles of this Court's pendent jurisdiction in that the Federal claim and this Count derive from a

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 19 of 28
common nucleus of operative facts and are of such nature that they would ordinarily be tried together in one judicial proceeding.
61. Plaintiff and Defendant IAFF had a written contract that Defendant IAFF would serve as Plaintiffs union and represent Plaintiff to the best of its ability in disputes with Defendant Employer.
62. Defendant IAFF breached its contract by not providing adequate representation and support during the aforesaid dispute with Defendant Employer and acquiesced in the discriminatory actions that were being taken against Plaintiff.
63. That as a result of this breach of contract, Plaintiff was thereby damaged.
WHEREFORE, Plaintiff prays for judgement against Defendant IAFF in the sum of $80,000.00 and for such other and further relief as this Court deems necessary and proper.
COUNT VIII COMES NOW Plaintiff and for Count VIII of his First Amended Complaint against Defendants states to the Court as follows: 64. Plaintiff restates and realleges each and every allegation in Counts I, II, III, IV, V, VI, and VII of this First Amended Complaint as if more fully set out herein. 65. Defendants Employer, Esterline, Bone, and Bishop retaliated against

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 20 of 28
Plaintiff by denying his benefits and pay after Plaintiff filed a Charge of Discrimination.
66. All conditions precedent to the filing of this charge have been met. 67. As a result of Defendants' actions and retaliation, Plaintiff has thereby been damaged in excess of $50,000.00. WHEREFORE, Plaintiff prays for judgement against Defendants Employer, Esterline, Bone and Bishop in the sum of $50,000.00 and for such other and further relief as this Court deems necessary and proper.
COUNT IX COMES NOW Plaintiff, and for Count IX of his First Amended Complaint against Defendant IAFF states to the Court as follows: 68. Plaintiff restates and realleges each and every allegation in Counts I, II, III, IV, V, VI, VII, and VIII of this First Amended Complaint as if more fully set out herein. 69. Jurisdiction of this Count is based on principles of this Court's pendent jurisdiction in that the Federal claim and this Count derive from a common nucleus of operative facts and are of such nature that they would ordinarily be tried together in one judicial proceeding. 70. Chapter 213 (Missouri Human Rights Act) § 213.055, R.S.Mo. states, in part: It shall be unlawful employment practice: (2) For a labor organization to

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 21 of 28
exclude or to expel from its membership any individual or to discriminate in any way against any ofits members or against any employer or any individual employed by an employer because ofrace, color, .., or disability ofany individual; or to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because ofsuch individual's race, color, ... or disability. '"
71. Plaintiff filed a charge of discrimination with the Missouri Commission on Human Rights (MCHR) alleging violations of the Missouri Human Rights Act against Defendant IAFF.
72. On September 8, 2003, the MCHR issued a Notice of Right to Sue to Plaintiff against Defendant IAFF.
73. Plaintiff filed this Complaint within 90 days of the receipt of said Notice of Right to Sue. All conditions precedent to the filing of this First Amended Complaint have been satisfied. A true and accurate copy of the MCHR's Notice of Right to Sue is attached hereto as Exhibit 5 and is incorporated herein by this reference.
74. That as a direct and proximate result of Defendant IAFFs actions in violation of The Missouri Human Rights Act, Plaintiff was damaged in an amount to be proven at the trial in this matter, including, but not limited to, lost wages

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 22 of 28
and benefits, emotional pain, suffering, inconvenience, mental anguish, humiliation, and loss of enjoyment of life.
75. At all relevant times hereto, Defendant IAFF was aware of the prohibition against discrimination as set forth in §213.055, RS.Mo.
76. That Defendant IAFFs actions of terminating Plaintiff from its employ were wrongful, wanton, willful, malicious and were discriminatorily motivated.
77. That Defendant IAFFs actions of terminating Plaintiff from its employ were in violation of §213.055, RS.Mo.
78. That as a result of Defendant IAFFs wanton, willful and malicious acts, Plaintiff is entitled to recover punitive damages.
WHEREFORE, pursuant to §213.055, RS.Mo. and § 213.111, RS.Mo. Plaintiff prays that this Court:
I. Enjoin Defendant IAFF, its successors, officers, agents, representatives, employees, attorneys, and those acting in concert with it, from engaging in the policies and practices complained of hereinabove, or any other discriminatory employment practices which are violative of the law;
II. Order Defendant IAFF to accommodate Plaintiff and make him whole for any and all losses or damages suffered as a result of Defendant IAFFs unlawful employment practices, including, but not limited to, back pay, interest thereon, front pay, retroactive seniority, pension, health and dental, and other employment-related benefits and compensatory damages lost to Plaintiff as a

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 23 of 28
result of Defendant's discriminatory actions and policies as aforesaid; III. Enter judgment in favor of Plaintiff and against Defendant IAFF in
an amount sufficient to compensate him for his damages set forth above, including liquidated damages and punitive damages;
IV. Award Plaintiff the costs of this action together with his reasonable attorney's fees; and
V. Grant such other and further relief as this Court deems just, equitable, and proper under the premises.
%w~:~) ~ Yfg;t--
Howard A. Shalowitz #10852 Attorney for Plaintiff 26-A North Central Avenue Clayton, MO 63105 (314) 277-9977 (314) 727-2424 -- fax Howard@Shalowitz.org
CERTIFICATE OF SERVICE A true and accurate copy of the foregoing First Amended Complaint was sent electronically to all attorneys of record this 4th day of December, 2003.

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NOTICE OF RIGHT TO SUE
( Issued on request)

Page 24 of 28
FXI4 113 IT -L

~: Terrance Lemons #2 FOREST PARK CT. SAINT CHARLES, MO 63303
D On behalfofa person aggrieved whose identity is CONFIDENTIAL
(29 C.F.R. 1601. 7(0))

From:
EQUAL EMPLOYMENT OPPORTUNITY COMM. St. Louis District Office 1222 Spruce St. Room 8.100 St. Louis, MO 63103

Charge Number

EEOC Representative

Telephone Number

280A303303

Cynthia Basile

(314) 539-7843
-----------~-----

( See the additional information attached to this form )

NOTICE TO THE PERSON AGGRIEVED: Title VII of the Civil Rights Act of 1964 and/or the Americans with Disabilities Act (ADA): This 1s your Notice of Right to Sue, It is issued under Title VIr and/or the ADA based on the above-numbered charge. It has been issued at your request. Your lawsuit under Htle VIr or the ADA must be filed In federal court WITHIN 90 DAYS of your receipt of this Notice. OtherWise, your right to sue based on thiS charge will be lost. (The time limit for filing suit based on a state claim may be different.)
~ More than 180 days have passed Since the filing of this charge.
e=] Less than 180 days have passed since the filing of this charge, but I have determined that it is unlikely that the EEOC will be
able to complete its administrative processing within 180 days from the f1l1ng of the Charge. ~ The EEOC 1s terminating its processing of th1s charge.
e=] The EEOC will continue to process this charge.

Age Discrimination In Employment Act (ADEA): You may sue under the ADEA at any time from 60 days after the Charge was filed until 90 days after you receive notice that we have completed action on the charge. In this regard, the paragraph marked below applies to your case:

e=] The EEOC is clos1ng your case. Therefore, your lawsuit under the ADEA must be flied in federal court WITHIN 90 PAYS 01 your
receipt otthls Notice. Otherwise, your right to sue based on the above- numbered Charge will be lost.
c=J The EEOC is continuing 1ts handling of your ADEA case. However, if 60 days have passed Since the filing of your Charge, you
may file suit in federal or state court under the ADEA at this time.

Equal Pay Act (EPA): You already have the right to sue under the EPA (filing an EEOC charge is not required). EPA suits must be brought 1n federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means
that backpay due for any violations that occurred more than 2 years 13 Years) before you file suit may not be collectible.

If you f11e su1t based on this charge, please send a copy of your court complaint to this office.

/J (., ;A ;n ~~half the .c:mmiSSion

G0nA~ t;h ~ Y A
Lynr! Bruner, Director

!rzJ~
tl

APR 3 0 2003
(Date)

Enclosure(s)

C~ IAFF LOCAL 2665 6104 MADISON AVENUE BERKELEY, MO 63134

EEOC FORM 161-B (Rev 01/97)

CHARGING PARTY COpy

Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003 Page 25 of 28

MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
MISSOURI COMMISSION ON HUMAN RIGHTS

BOB HOLDEN GOVERNOR
Terrance Lemons #2 Forest Park CI. 51. Charles, MO 63303

CATHERINE B. LEAPHEART DEPARTMENT DIRECTOR

STERLING ADAMS COMMISSION CHAIRPERSON

NOTICE OF RIGHT TO SUE

DONNA CAVITTE COMMISSION EXECUTIVE DIRECTOR

RE: Terrance Lemons vs. Pattonville Fire Department FE-07102-39505; 280A201384
Dear Mr. Lemons:
This is your NOTICE OF RIGHT TO SUE pursuant to Section 213.111 RSMo.
If, after one hundred eighty days from the filing of a complaint alleging an unlawful discriminatory practice pursuant to section 2i 3.05!:>, 213.065 or 213.070 to tne extent that the alleged violation of section 213.070 relates to or involves a violation of section 213.055 or 213.065, or subdivision (3) of section 213.070 as it relates to employment and public accommodations, the commission has not completed its administrative processing and the person aggrieved so requests in writing, the commission shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a civil action within 90 days of such notice against the respondent named in the complaint ... Such an action may be brought in any circuit court in any county in which the unlawful discriminatory practice is alleged to have occurred, either before a circuit or associate circuit judge. Upon issuance of this notice, the commission shall terminate all proceedings relating to the complaint. No person may file or reinstate a complaint with the commission after the issuance of a notice under this section relating to the same practice or act. Any action brought in court under this section shall be filed within ninety days from the date of the commission's notification letter to the individual but no later than two years after the alleged cause occurred or its reasonable discovery by the alleged injured party (emphasis added).
The above-referenced complaint was filed on July 18, 2002; thus more than 180 days have elapsed since the filing and the Missouri Commission on Human Rights has not completed its administrative processing. Further, as you have duly requested in writing, you are hereby notified of your right to sue the Respondent(s) named in your complaint in state circuit court. THIS MUST BE DONE WITHIN 90 DAYS OF THE DATE OF THIS NOTICE OR YOUR RIGHT TO SUE IS LOST.
You are also notified that the Executive Director is hereby administratively closing this case and temninating all MCHR proceedings relating to il. No person may file or reinstate a complaint after the issuance of notice of right to sue.
On behalf of the Commission:

Teresa Farris Administrative Support Services

c:

Chief Executive Officer

Pattonville Fire Department

13900 St Charles Rock Road

Bridgeton, MO 63044

April 21, 2003 Date

3315 W. TRUMAN BLVD
P,O Box 1129 JEFFERSON CITY, MO 65102-1129
PHONE: 573-751-3325 FAX 573-751-2905 TTY',573·526-5091

o

o

o

505 WASHINGTON AVENUE Sr. LOUIS, MO 63101-1298
PHONE: 314-340-7590 FAX: 314-340-7238 TTY: 314-340-7803

505 EAST WAlNUT STREET SPRINGFIELD, MO 65805-2305
PHONE: 417-895-5620 FAX: 417-895-5637

4049 PENNSYLVANIA AVENUE SUITE 150
KANSAS CITY, MO 64111-3022 PHONE: 816-889-5100 FAX: 816-889-5107 TTY: 816-889-5106

Relay Missouri: 1-800-735-2966 (TOO) 1-800-735-2466 (Voice) www.dQlir,mogov

o
108 WEST CENTER STREET SIKESTON, MO 63801-4110
PHONE: 573-472-5320 FAX: 573-472-5321 TTY', 573-472-5223

JUH-24-20C03ase034::1013-cPvM-009K7E5I-TEHRWLEMODNoScument 22 Filed61326/0944/928010731 Page 26 of 28P.02

U.S. Department of Justice

Civil Rights Division
NOTICE OF RIGHT TO SUE WITHIN 90 DAYS

CERTIFIED MAIl.
0921 0779
Mr. Terrance K. Lemon, #2 Foreot Park Ct. St. Charlel, MO 63033

?SO PrnJuylwt,,11J Alle""e. N. W.
Ka,..,. FIlrPSOlf, EMP, PHB, RtJCHfI4JJ9 Walllht"on. DC 20$JO
June 16, 2003

Re, BBOC Charge Against Pattonville Fire Dept., et al. NO. 280A303468

Dear Mr. Lemons:
Because you flIed the a-bove chargewltn the Equal EmploYment
OpporLunity Commission, and the Commission has determined that it will not be able to investigate and conciliate that charge within 180 days of the date the Commission assumed jurisdiction over the charge and the Department has determined that it will not file any lawsuit(s) based thereon within that time, and because you have specifically requested this Notice, you are hereby notified that you have the right to institute a civil action under Title VII of the Civil Rights Act of 1~64, as amended, 42 U.S.C. 2000e, et seq., against the above-named respondent.
If you choose to commence a civil action, such suit must be filed in the appropriate Court Within ~O days of your receipt of this Notice. If you cannot afford or are unable to retain an attorney to represent you, the Court may, at its discretion, assist you in obLaining an atLorney. If you plan to ask the court to help you find an attorney, you must make this request of the court in the form and manner iL requires. Your request to the court should be made well before the end of the time period mentioned above. A request for representation does not relieve you of the obligation to file suit within this 90-day period.
This Notice should not be taken to mean that the Department of Just-ice has mase ·a judgment as· tEl whether or .not yOl.\r c:aee ..is meritorious.
Sincerely,

Jr.
General

by
Karen L. Ferguso Civil Rights Analyst
Litigation Section
cc: St. Louis District Office, EEOC
Pattonville ~ire Dept., et .1.

JUL-23-C03as0e8:443:03F-rocmv:-00975-ERW
~

if Document 22 Filed 12/04/2003 PTa-gme 2p73o/0f3 28Job-592

U.i!i. Ueparlmeol oI Justice

&tJI'BtT

Civil Rights Divisi'Jn

NonCE OF RIGHT TO SUE

WITHIN 90 DAYS

CI!RTIFIli:D MAlI.. 3509 0927
Mr. Terrance K. Lemons #2 Forest park Ct. St. Charles, MO 6330]

950 hlfnsylwmia A.,e,,~,. N. W.
KIlIYJI FergI4JIJIt, £i.,(P, PHS. Room 4239 Washingtml, DC 10SJ(}
April 14, 2003

Re: EEOC Charge Against Pattonville Fire Cept .• et al.
No. 2BOA201JB4

Dear Mr. Lemons:
Because you filed the above charge with the Equal Employment Opportunity Commission, and more than 180 days hClve elapsed since the date the Commission assumed jurisdiction over the charge, and no suit based thereon has been filed by this Department, and because you have specifically requested this Notice,You are hereby notified that you have the right to institute a civil action under Title VII of the Civil Rights Act of 1964. as amended, .42 U.S.C. :2000e, at seq., against the above-named respondent.
If you choose to commence a civil action, slLch suit must be filed in the appropriate Court within 90 days of your receipt of this Notice. If you cannot afford or are unable to retain an
attorney to reprQsent you, the Court may, at its di8~r~tion, assist
you in obtaining an attorney. If you plan to asx: the Court to help you find an attorney, you must maKe this reqw!!st of the court in the form and manner it requires. Your request to the Court should be made well before the end of the time period m,~ntioned above. A request for representation does not relieve you cf the obligation to file suit within this 90-day period.
This Notice should not be taKen to mean:;hat the Department of Justice has made a judgment as to whether or not your case is meritorious.

Sincerely,

Ralph F. Boyd, Jr,
Assistant Attorney General Civi Rights Division
by Ov~j ~.&\...J'4OV---

Karen L. Ferguson ivil Rights Analyst
Employment Litigation Section

cc: St. Louis District Office, EEOC Pattonville Fire Dept .• et al.

i r S - J Case 4:03-cv-00975-ERW Document 22 Filed 12/04/2003£)(fP-a)g/eB28 of 28

MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
MISSOURI COMMISSION ON HUMAN RIGHTS

Boa HOLDEN GOVERNOR
Terrance Lemons #2 Forest Peak Court St. Charles, MO 63303

CATHERINE B. LEAPHEART DEPARTMENT Dlh:t:C fOR

STERLING ADAMS COMMISSION CHAIRPERSON

NOTICE OF RIGHT TO SUE

DONNA CAVITTE COMMISSION EXECUTIVE DIRECTOR

RE: Terrance Lemons vs. IAFF Local 2665 FE-03/03-40720; 280A303303
Dear Mr. Lemons:
This is your NOTICE OF RIGHT TO SUE pursuant to Section 213.111 RSMo.
If, after one hundred eighty days from the filing of a complaint alleging an unlawful discriminatory practice pursuant to section 213.055,213.065 or 213.070 10 the eXlent mal the alieged vioiation of section 2'13.070 relates to or involves a violation of section 213.055 or 213.065, or subdivision (3) of section 213.070 as it relates to employment and public accommodations, the commission has not completed its administrative processing and the person aggrieved so requests in writing, the commission shall issue to the person claiming to be aggrieved a letter indicating his or her right to bring a civil action within 90 days of such notice against the respondent named in the complaint ... Such an action may be brought in any circuit court in any county in which the unlawful discriminatory practice is alleged to have occurred, either before a cirCUIT or associate circuit judge. Upon issuance of this notice, the commission shall terminate all proceedings relating to the complaint. No person may file or reinstate a complaint with the commission after the issuance of a notice under this section relating to the same practice or act. Any action brought in court under this section shall be filed within ninety days from the date of the commission's notification letter to the individual but no later than two years after the alleged cause occurred or its reasonable discovery by tt,e alleged IIlJured party (emphasis added).
The above-referenced complaint was filed on March 6, 2003; thus more than 180 days have elapsed since the filing and the Missouri Commission on Human Rights has not completed its administrative processing. Further, as you have duly requested in writing, you are hereby notified of your right to sue the Respondent(s) named in your complaint in state cirCUIT court. THIS MUST BE DONE WITHIN 90 DAYS OF THE DATE OF THIS NOTICE OR YOUR RIGHT TO SUE IS LOST.
You are also notified that the Executive Director is hereby administratively closing this case and terminating all MCHR proceedings relating to it. No person may file or reinstate a complaint after the issuance of notice of right to sue.
On behalf of the Commission:

Teresa Farris Administrative Support Services

c

Chief Executive Officer

IAFF Local 2665

6104 Madison Avenue

Berkeley, MO 63134

September 8, 2003 Date
James R. Kimmey, III Bartley Goffstein, LLC 4399 Laclede Avenue St. Louis, MO 63108

3315 W TRUMAN BLVO P.O. Box 1129
JEFFERSON CITY, MO 65102-1129 PHONE' 573-751-3325 FAX' 573-751-2905 TTY: 573-526-5091

o

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505 WASH ING ';m ,.\jFNIJ' ST LOUIS, MO 1,;;1 '1-':':~ii-j
PHONE 314-'Q': 7~~JU FAX 314-:1-11" _-10
TTY :114-:'41:- - W:i

505 EAST WALNUT STREET SP",INGFIELD, MO 65805-2305
PHONE 417-895-5620 FAX 417-895-5637

4049 PENNSYLVANIA AVENUE SUITE 150
KANSAS CITY, M064111-3022 PHONE: 816·889·5100 FAX: 816·889·5107 TTY: 816·889·5106

Rday Missuuri 1-800-735-2966 (TDD) 1¥800·735-2466 (Voice) ww\\, dol!r l1lo_gov

o
108 WEST CENTER STREET SIKESTON, MO 63801-4110
PHONE: 573·472·5320 FAX: 573·472·5321 TTY: 573·472·5223

 
 ADR, CLOSED, TRCK2

U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:03-cv-00975-ERW

Lemons v. Pattonville-Bridgeto, et al Assigned to: Honorable E. Richard Webber Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/18/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Terrance Keith Lemons

represented by Howard A. Shalowitz HOWARD A. SHALOWITZ LAW OFFICE 26 A N. Central Avenue St. Louis, MO 63105 314-277-9977 Fax: 314-727-2424 Email: howard@shalowitz.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff United States of America

represented by Carl D. Wasserman UNITED STATES DEPARTMENT OF JUSTICE Voting Section, Civil Rights Division 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202-353-8015 Email: carl.wasserman@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathleen Toomey U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue., N.W. Room 4236 PHB

Washington, DC 20530 202-616-9504 Email: Kathleen.Toomey@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sara Lewenberg Niles U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202-514-2168 Email: sara.niles@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire M. Schenk OFFICE OF U.S. ATTORNEY 111 S. Tenth Street 20th Floor St. Louis, MO 63102 314-539-2200 Fax: 314-539-2777 Email: Peggy.Dryden@usdoj.gov ATTORNEY TO BE NOTICED

V.
Defendant
Pattonville-Bridgeton Fire Protection District A political subdivision of the State of Missouri

represented by Charles B. Jellinek BRYAN CAVE LLP 211 N. Broadway Suite 3600 St. Louis, MO 63102-2750 314-259-2000 Fax: 314-259-2020 Email: cbjellinek@bryancave.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy C. Mooney, Jr. BRYAN CAVE LLP 211 N. Broadway Suite 3600 St. Louis, MO 63102-2750 314-259-2000

Fax: 314-259-2020 Email: tcmooney@bryancave.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dan Bishop Individually and in his official capacity as chairman of the Board of the Pattonville-Bridgeton Fire Protection District TERMINATED: 06/10/2004

represented by Charles B. Jellinek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy C. Mooney, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Bill Esterline Individually and in his official capacity as Treasurer and Board member of the Pattonville-Bridgeton Fire Protection District TERMINATED: 06/10/2004

represented by Charles B. Jellinek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy C. Mooney, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Roy Bone Individually and in his official capacity as Secretary and Board member of Pattonville-Bridgeton Fire Protection District TERMINATED: 06/10/2004

represented by Charles B. Jellinek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy C. Mooney, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Herb Jacobs Individually and in his officail capacity as a former Captain of the

represented by Charles B. Jellinek (See above for address) LEAD ATTORNEY

Pattonville-Bridgeton Fire Protection District TERMINATED: 06/10/2004

ATTORNEY TO BE NOTICED
Timothy C. Mooney, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Steve Wolf Individually and in his official capacity as acting Captain of the Pattonville-Bridgeton Fire District TERMINATED: 06/10/2004

represented by Charles B. Jellinek (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy C. Mooney, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Local 2665 International Association of Fire Fighters TERMINATED: 06/10/2004

represented by James R. Kimmey, III BARTLEY GOFFSTEIN, LLC 4399 Laclede Avenue St. Louis, MO 63108 314-531-1054 Fax: 314-531-1131 Email: jkimmey@bgbllaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey E. Hartnett BARTLEY AND GOFFSTEIN, LLC 4399 Laclede Avenue St. Louis, MO 63108 314-531-1054 Fax: 314-531-1131 Email: jhartnett@bgbllaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/18/2003

#

Docket Text

1 COMPLAINT; # Waivers of Service Issued: 12 # Counts: 8 Disclosure

07/18/2003 07/18/2003 07/22/2003 07/23/2003 08/11/2003 08/12/2003
08/15/2003 08/15/2003 08/18/2003

of Corp Cert issued to: defendant; jury demand exhibits attached: 1 - 3 (CF) (Entered: 07/21/2003)
2 RECEIPT # S2003-009467 in the amount of $ 150.00 for Civil Filing Fee (CF) (Entered: 07/21/2003)
3 TRACK INFORMATION STATEMENT filed by plaintiff Terrance Keith Lemons track 2 preferred (CF) (Entered: 07/21/2003)
4 ORDER by Honorable Charles A. Shaw IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment. (cc: all counsel) (KXS) (Entered: 07/22/2003)
5 ORDER (JGW) IT IS HEREBY ORDERED that the above styled case is randomly reassigned from Judge Shaw to Judge Webber. Case reassigned to Honorable E. Richard Webber (cc: all counsel) (KXS) Modified on 07/23/2003 (Entered: 07/23/2003)
6 ATTORNEY APPEARANCE for defendant Local 2665 IAFF by Jeffrey E. Hartnett, James R. Kimmey III (KXS) (Entered: 08/12/2003)
7 ORDER RELATING TO DISPOSITIVE MOTIONS - RETURN OF NOTICE OF MOTION FILED UNDER RULE 4.05 by Honorable E. Richard Webber IT IS HEREBY ORDERED that the Clerk of Court shall return the Notice of Motion filed by deft Local 2665 to the atty of record along with a copy of this Order. Any motions to dismiss, motions for summary judgment, or motions for judgment on the pleadings filed prior to the issuance of a Case Management Order shall follow the following briefing schedule: dispositive motion filed; briefs in opposition shall be filed within twenty days; and any reply briefs shall be filed within five days. (cc: all counsel) (MCB) (Entered: 08/13/2003)
8 ATTORNEY APPEARANCE for defendant Pattonville Fire, defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone, defendant Herb Jacobs, defendant Steve Wolf by Charles B. Jellinek, Timothy C. Mooney Jr. (CQL) (Entered: 08/18/2003)
8 MOTION by defendant Pattonville Fire, defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone, defendant Herb Jacobs, defendant Steve Wolf EXTENTION OF TIME TO ANSWER thru 9/17/03 (CQL) (Entered: 08/18/2003)
9 RULED DOCUMENT by Honorable E. Richard Webber granting motion EXTENTION OF TIME TO ANSWER thru 9/17/03 [8-1] EXTENTION OF TIME TO ANSWER for Pattonville Fire, Dan Bishop, Bill Esterline, Roy Bone, Herb Jacobs, Steve Wolf has been extended until 9/17/2003 (cc: all counsel) (GLF) (Entered: 08/20/2003)

08/28/2003 09/17/2003 09/17/2003 09/17/2003 09/17/2003 09/17/2003
09/25/2003 09/29/2003
10/06/2003 11/13/2003
11/26/2003 12/01/2003
12/04/2003

10 MOTION by defendant Local 2665 IAFF to dismiss with memo in support and proposed order attached. (KXS) (Entered: 08/29/2003)
11 MOTION by defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone to dismiss case W/Memorandum in Support (GLF) (Entered: 09/19/2003)
12 MOTION by defendant Herb Jacobs, defendant Steve Wolf to dismiss case , or for more definite statement w/Memorandum in support. (GLF) (Entered: 09/19/2003)
13 MOTION by defendant Pattonville Fire to dismiss Counts II, III, VI, and VIII W/Memorandum in Support. (GLF) Modified on 09/19/2003 (Entered: 09/19/2003)
14 ANSWER by defendant Pattonville Fire to [1-1] (GLF) (Entered: 09/19/2003)
15 TRACK INFORMATION STATEMENT filed by defendant Pattonville Fire, defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone, defendant Herb Jacobs, defendant Steve Wolf track 2 (Standard) preferred (GLF) (Entered: 09/19/2003)
16 MOTION by plaintiff Terrance Keith Lemons to extend time up to and including October 17, 2003 in which to file his response to motion to dismiss and/or first amended complaint (MCB) (Entered: 09/26/2003)
17 RULED DOCUMENT by Honorable E. Richard Webber granting motion to extend time up to and including October 17, 2003 in which to file his response to motion to dismiss and/or first amended complaint [16-1] (cc: all counsel) (CQL) (Entered: 09/29/2003)
18 TRACK INFORMATION STATEMENT filed by defendant Local 2665 IAFF track 2 preferred (CQL) (Entered: 10/07/2003)
19 ORDER TO SHOW CAUSE pltff shall within 14 days of this order show cause why defts' motions to dismiss should not be granted. Signed by Judge E. Richard Webber on 11/13/03. (CQL, ) (Entered: 11/13/2003)
20 MOTION for Leave to file First Amended Complaint or Respond to Motions to Dismiss by Plaintiff Terrance Keith Lemons. (PTL, St. Louis) (Entered: 11/26/2003)
21 ORDER In Court Hearing set for 12/4/2003 01:30 PM before Honorable E. Richard Webber.. Signed by Judge E. Richard Webber on 12/1/03 for the motion for leave to file a First Amended Complaint by plaintiff. (CQL, ) (Entered: 12/01/2003)
22 FIRST AMENDED COMPLAINT against all defendants Jury Demand,

12/04/2003
12/04/2003
12/09/2003 12/09/2003 12/09/2003 12/09/2003 12/11/2003 12/24/2003 12/24/2003 12/24/2003 12/24/2003

filed by Plaintiff Terrance Keith Lemons.(HAS, ) (Entered: 12/04/2003)
23 Minute Entry for proceedings held before Judge E. Richard Webber : Motion Hearing held on 12/4/2003 re 20 MOTION for Leave to file First Amended Complaint filed by Terrance Keith Lemons. Order to follow. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: no.) (MCB, ) (Entered: 12/04/2003)
24 ORDER denying [10] Motion to Dismiss, denying [11] Motion to Dismiss Case, denying [12] Motion to Dismiss Case, denying [12] Motion for More Definite Statement, denying [13] Motion to Dismiss, granting 20 Motion for Leave to file an amended complaint Signed by Judge E. Richard Webber on 12/4/03. (CQL, ) (Entered: 12/04/2003)
25 ANSWER to Amended Complaint by Pattonville-Bridgeton Fire Protection District.(Mooney, Timothy) (Entered: 12/09/2003)
26 MOTION to Dismiss Case or for More Definite Statement by Defendants Herb Jacobs, Steve Wolf. (Attachments: # 1)(Mooney, Timothy) (Entered: 12/09/2003)
27 MOTION to Dismiss Case and Memo in Support by Defendants Dan Bishop, Roy Bone, Bill Esterline. (Attachments: # 1)(Mooney, Timothy) (Entered: 12/09/2003)
28 MOTION to Dismiss :Counts II, III, IV, VI and VIII by Defendant Pattonville-Bridgeton Fire Protection District. (Attachments: # 1 # 2)(Mooney, Timothy) (Entered: 12/09/2003)
29 MOTION to Dismiss Counts I, IV, VII and IX by Defendant Local 2665 International Association of Fire Fighters. (Attachments: # 1 # 2 Text of Proposed Order)(Kimmey, James) (Entered: 12/11/2003)
30 RESPONSE/Memorandum in Opposition re 27 MOTION to Dismiss Case and Memo in Support filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)
31 RESPONSE/Memorandum in Opposition re 26 MOTION to Dismiss Case or for More Definite Statement filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)
32 RESPONSE/Memorandum in Opposition re 28 MOTION to Dismiss :Counts II, III, IV, VI and VIII filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)
33 RESPONSE/Memorandum in Opposition re 29 MOTION to Dismiss Counts I, IV, VII and IX filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)

12/24/2003 12/30/2003 12/31/2003 12/31/2003 12/31/2003 01/06/2004 01/26/2004 02/03/2004
02/03/2004 02/10/2004

34 MOTION for Leave to File Responses and Memoranda to documents 26, 27, 28, and 29 by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)
35 REPLY to Response to Motion re 29 MOTION to Dismiss Counts I, IV, VII and IX filed by Defendant Local 2665 International Association of Fire Fighters. (Attachments: # 1 Exhibit Exhibit A)(Kimmey, James) (Entered: 12/30/2003)
36 REPLY MEMORANDUM in Support of Motion re 26 MOTION to Dismiss Case or for More Definite Statement filed by Defendants Herb Jacobs, Steve Wolf. (Mooney, Timothy) Modified on 1/2/2004 by adding 'reply' (MCB). (Entered: 12/31/2003)
37 REPLY MEMORANDUM in Support of Motion re 28 MOTION to Dismiss :Counts II, III, IV, VI and VIII filed by Defendant PattonvilleBridgeton Fire Protection District. (Mooney, Timothy) Modified on 1/2/2004 by adding 'reply' (MCB). (Entered: 12/31/2003)
38 REPLY MEMORANDUM in Support of Motion re 27 MOTION to Dismiss Case and Memo in Support filed by Defendants Dan Bishop, Roy Bone, Bill Esterline. (Mooney, Timothy) Modified on 1/2/2004 by adding 'reply' (MCB). (Entered: 12/31/2003)
Docket Text ORDER: Plaintiff's Motion to File Responses One Day Out of Time [doc. #34] is GRANTED. Responses and Memoranda (documents 30, 31, 32, and 33) are accepted for filing. So Ordered by Judge E. Richard Webber on 01/06/2004. (BAB) (Entered: 01/06/2004)
39 First MOTION to Compel by Defendant Pattonville-Bridgeton Fire Protection District. (Jellinek, Charles) (Entered: 01/26/2004)
Docket Text ORDER: Counsel for all parties shall appear before this Court for a Motion Hearing on February 12, 2004, at 10:00 a.m. regarding Defendant Pattonville-Bridgeton Fire Protection District's Motion to Compel [doc. #39]. This hearing will be held in Courtroom 12 South of the U.S. District Court. So Ordered by Judge E. Richard Webber on 02/03/2004. (BAB) (Entered: 02/03/2004)
40 RESPONSE in Opposition re 39 First MOTION to Compel filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 02/03/2004)
Docket Text ORDER: Due to a scheduling conflict with this Court's calendar, the Motion Hearing previously scheduled for February 12, 2004, is reset and will be held on February 13, 2004, at 3:00 p.m. So Ordered by Judge E. Richard Webber on 02/10/2004. (BAB) (Entered: 02/10/2004)

02/13/2004 02/18/2004 06/02/2004 06/10/2004 06/10/2004
06/10/2004 06/15/2004
06/21/2004 06/24/2004

42 Minute Entry for proceedings held before Judge E. Richard Webber : In Court Hearing held on 2/13/2004; on defts motion to compel #39; arugments heard; Order to follow. (Court Reporter or FTR Gold Operator initials:dkreighshgauser.) (FTR Gold yes or no: no.) (CQL) (Entered: 02/18/2004)
41 ORDER finding as moot 39 Motion to Compel; IT IS FURTHER ORDERED that Plaintiff shall pay $250.00 to Defendant as a discovery sanction, Signed by Judge E. Richard Webber on February 18, 2004.(GLF) (Entered: 02/18/2004)
43 MOTION to Intervene by United States of America. (Attachments: # 1 Memorandum in Support# 2 Certificate of Public Importance# 3 Text of Proposed Order # 4 Complaint in Intervention)(Schenk, Claire) (Entered: 06/02/2004)
44 MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Intervene by United States of America Unopposed Motion by Defendants Dan Bishop, Roy Bone, Bill Esterline, Herb Jacobs, Pattonville-Bridgeton Fire Protection District, Steve Wolf. (Mooney, Timothy) (Entered: 06/10/2004)
45 MEMORANDUM AND ORDER granting 26 Motion to Dismiss Case, granting 27 Motion to Dismiss Case, granting 28 Motion to Dismiss, granting 29 Motion to Dismiss (Terms all counts and claims except for Counts I and V against defendant Pattonville-Bridgeton Fire Protection District) All other defendants are termed Signed by Judge E. Richard Webber on 6/10/04. (CQL) (Entered: 06/10/2004)
46 JUDGMENT is for all defendants and all claims and against the plaintiff in all claims but Counts I and V against Defendant PattonvilleBridgeton Fire Protection District.. Signed by Judge E. Richard Webber on 6/10/04. (CQL) (Entered: 06/10/2004)
Docket Text ORDER: Defendant Pattonville-Bridgeton Fire Protection District's Unopposed Motion for Extension of Time [doc. #44] is GRANTED. Defendant's Response to the United States' Motion to Intervene shall be filed with this Court no later than June 21, 2004. So Ordered by Judge E. Richard Webber on 06/15/2004. (BAB) (Entered: 06/15/2004)
47 RESPONSE in Opposition re 43 MOTION to Intervene by United States of America filed by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 06/21/2004)
48 NOTICE by Intervenor Plaintiff United States of America Counsel for the United States Appearance: (Lewenberg, Sara) (Entered: 06/24/2004)

06/24/2004 06/25/2004
07/08/2004 07/11/2004 07/13/2004
07/13/2004 08/09/2004 08/30/2004 08/31/2004
09/15/2004 09/23/2004 09/28/2004

49 NOTICE by Intervenor Plaintiff United States of America Counsel of Record Appearance: (Toomey, Kathleen) (Entered: 06/24/2004)
50 REPLY to Response to Motion re 43 MOTION to Intervene by United States of America United States' Reply to Defendant Pattonville FPD's Response to United States' Motion to Intervene filed by Intervenor Plaintiff United States of America. (Toomey, Kathleen) (Entered: 06/25/2004)
Docket Text ORDER: A hearing on United States of America's Motion to Intervene [doc. #43] will be held on July 13, 2004, at 10:00 a.m. in Courtroom 12 South of the U.S. District Court. So Ordered by Judge E. Richard Webber on 07/08/2004. (BAB) (Entered: 07/08/2004)
51 MEMORANDUM re 43 MOTION to Intervene by United States of America, Docket Text Order Consent to Government's Motion to Intervene by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 07/11/2004)
52 Minute Entry for proceedings held before Judge E. Richard Webber : In Court Hearing held on 7/13/2004 on USA's motion to intervene; Motion is granted; Intervention complaint to be filed. (Court Reporter or FTR Gold Operator initials:gbeilsmith.) (FTR Gold yes or no: no.) (CQL, ) (Entered: 07/13/2004)
53 Intervenor COMPLAINT Jury DemandDemand,, filed by United States of America.(CQL) (Entered: 07/13/2004)
54 WAIVER OF SERVICE Returned Executed filed by United States of America Pattonville-Bridgeton Fire Protection District waiver signed on 7/28/2004, answer due 9/27/2004. (Niles, Sara) (Entered: 08/09/2004)
55 ANSWER to Intervenor Complaint by Pattonville-Bridgeton Fire Protection District.(Mooney, Timothy) (Entered: 08/30/2004)
56 RULE 16 ORDER This case is assigned to Track: 2 (Standard) Joint Scheduling Plan due by 9/17/2004. Rule 16 Conference set for 9/23/2004 09:00 AM in In Chambers before Honorable E. Richard Webber. Signed by Judge E. Richard Webber on August 31, 2004. (MCB) (Entered: 08/31/2004)
57 JOINT SCHEDULING PLAN by Intervenor Plaintiff United States of America.. (Toomey, Kathleen) (Entered: 09/15/2004)
58 Minute Entry for proceedings held before Judge E. Richard Webber : Rule 16 Conference held on 9/23/2004. (Court Reporter or FTR Gold Operator initials:none.) (MCB) (Entered: 09/23/2004)
59 CASE MANAGEMENT ORDER This case is assigned to Track: 2

10/07/2004 10/08/2004
11/22/2004
01/21/2005 01/23/2005 01/24/2005

Motion to Join Parties due by 10/4/2004. Discovery Completion due by 5/20/2005. Non-Dispositive Motions due by 5/31/2005. ADR Future Reference 2/1/2005. Dispositive Motions due by 6/10/2005. Jury Trial set for 9/6/2005 08:30 AM in Courtroom 12S before Honorable E. Richard Webber. Pretrial Conference set for 8/26/2005 08:30 AM in In Chambers before Honorable E. Richard Webber. Pretrial Compliance due by 8/17/2005. Signed by Judge E. Richard Webber on September 28, 2004. (MCB) (Entered: 09/28/2004)
60 RESPONSE TO COURT ORDER re 59 Case Management Order,, proposed clarifications by Intervenor Plaintiff United States of America. (Niles, Sara) (Entered: 10/07/2004)
Docket Text ORDER: By agreement of all parties and this Court, the following modifications are made to this Court's Case Management Order: (1) The parties shall disclose any existing expert reports required by Rule 26(a)(2), Fed.R.Civ.P. by October 15, 2004; (2) Each side shall be limited to sixteeen (16) depositions and twenty-five (25) interrogatories per side; and (3) The parties shall have an opportunity to object to any requests for physical or mental examinations of parties pursuant to Rule 35, Fed.R.Civ.P. by February 11, 2005. So Ordered by Judge E. Richard Webber on 10/08/2004. (BAB) (Entered: 10/08/2004)
61 ORIGINAL TRANSCRIPT (Pilot) procedings of Motion Hearing held on 7/13/04 before Judge E. Richard Webber. Court Reporter: G. Beilsmith. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 11/22/2004)
62 MOTION for Extension of Time to File ;Extension to file the following: Request for a Rule 35 Examination ;Proposed extension date January 28, 2005 by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 01/21/2005)
63 NOTICE by Intervenor Plaintiff United States of America of Appearance of Carl Wasserman Appearance: (Toomey, Kathleen) (Entered: 01/23/2005)
Docket Text ORDER: Counsel for all parties shall be available on Wednesday, January 26, 2005, at 10:00 a.m. to participate in a telephone Motion Hearing on Defendant Pattonville-Bridgeton Fire Protection District's Motion for Extension of Time to File Request for a Rule 35 Examination [doc. #62]. This Court will initiate this conference with counsel for all parties at the time and date stated above. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 01/24/2005)

01/25/2005 01/28/2005 01/31/2005
02/03/2005 02/04/2005
02/07/2005 02/08/2005
02/08/2005 02/25/2005

Docket Text ORDER: Motion by Defendant Pattonville-Bridgeton Fire Protection District for Extension of Time to Request a Rule 35 Examination [doc. #62] is GRANTED up to and including January 28, 2005. Hearing date of January 26, 2005, is VACATED. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 01/25/2005)
64 MOTION for Order for Rule 35 Mental Examination by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 01/28/2005)
65 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Howard A. Shalowitz ADR Completion Deadline due by 5/2/2005. Designation of Neutral due by 3/1/2005. ADR Conference Schedule due by 3/1/2005. Signed by Judge E. Richard Webber on 1/31/2005. (JMW, ) (Entered: 01/31/2005)
66 MEMORANDUM in Opposition re 64 MOTION for Order for Rule 35 Mental Examination Partial Opposition of Plaintiff and Plaintiff Intervenor filed by Intervenor Plaintiff United States of America. (Attachments: # 1)(Toomey, Kathleen) (Entered: 02/03/2005)
Docket Text ORDER: Counsel for all parties shall be available for a telephone motion hearing on Tuesday, February 8, 2005, at 11:30 a.m. regarding Defendant's Motion for Order for Rule 35 Mental Examination [doc. #64]. This Court will initiate this conference call with counsel at the date and time stated above. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 02/04/2005)
67 REPLY re 64 MOTION for Order for Rule 35 Mental Examination filed by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) Modified on 2/8/2005 (MCB). (Entered: 02/07/2005)
68 Minute Entry for proceedings held before Judge E. Richard Webber : Telephone Conference held on 2/8/2005. Parties present for telephone conference on Pattonville-Bridgeton's Motion for Order for Rule 35 Mental Examination #64. Arguments heard. Order to follow. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (proceedings started: 11:35.) (proceedings ended: 12:00.) (MCB) (Entered: 02/08/2005)
69 ORDER granting 64 Motion for Rule 35 Mental Examination 64. (See Order for date, time and details) Signed by Judge E. Richard Webber on 2/8/05. (BAK, ) (Entered: 02/08/2005)
70 MOTION for Protective Order by Defendant Pattonville-Bridgeton Fire Protection District. (Attachments: # 1)(Mooney, Timothy) (Entered:

02/28/2005 03/01/2005
03/08/2005 03/09/2005 05/09/2005 05/10/2005 05/12/2005
05/17/2005 05/18/2005
05/23/2005 08/03/2005

02/25/2005)
Docket Text ORDER: Motion for Protective Order [doc. #70 ] is GRANTED. The Court hereby enters the Protective Order as stipulated by the parties. So Ordered by Judge E. Richard Webber. (Entered: 02/28/2005)
71 Designation of Neutral by parties and ADR Conference Report by Plaintiff Terrance Keith Lemons Neutral: Michael Geigerman Date of Conference: Monday, May 16, 2005 time: 9:00 a.m. Location: U.S.A.&M., 720 Olive Street, St. Louis, MO 63101(Shalowitz, Howard) (Entered: 03/01/2005)
72 NOTICE by Intervenor Plaintiff United States of America Appearance: (Wasserman, Carl) (Entered: 03/08/2005)
73 NOTICE of Appointment of Neutral Neutral name: Mike Geigerman, Neutral selected by parties, notice of appointment and order of referral e-mailed to Neutral Geigerman.(SAC, ) (Entered: 03/09/2005)
74 NOTICE by Intervenor Plaintiff United States of America Filing Documents Under Seal: (Toomey, Kathleen) (Entered: 05/09/2005)
75 SEALED MOTION to Compel filed by Intervenor Plaintiff United States of America. Filed with attached Memorandum in Support and Exhibits 1-13.(BDC) (Entered: 05/11/2005)
Docket Text ORDER: Counsel for all parties shall appear before this Court on May 18, 2005, at 10:00 a.m. for a hearing on Intervenor's Motion to Compel [doc. #75]. This hearing will be held in Courtroom 12 South of the U.S. District Court. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 05/12/2005)
76 Joint MOTION to Stay Discovery Pending Final Approval of Settlement Agreement by Intervenor Plaintiff United States of America. (Toomey, Kathleen) (Entered: 05/17/2005)
Docket Text ORDER: Joint Motion to Stay Discovery [doc. #76] is GRANTED. Discovery in this matter is stayed until June 8, 2005, in order to finalize the settlement agreement reached by the parties. The May 18, 2005 hearing on Intervenor's Motion to Compel [doc. #75] is VACATED. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 05/18/2005)
77 ADR COMPLIANCE REPORT by Neutral: Mike Geigerman, Date of Conference: May 16, 2005, participated in good faith: yes, the parties DID achieve a settlement(SAC, ) (Entered: 05/23/2005)
78 Joint MOTION to Approve Consent Judgment by Intervenor Plaintiff United States of America, Defendant Pattonville-Bridgeton Fire

08/03/2005 08/16/2005
08/26/2005 08/26/2005 08/30/2005

Protection District. (Wasserman, Carl) (Entered: 08/03/2005)
79 MEMORANDUM in Support of Motion re 78 Joint MOTION to Approve Consent Judgment filed by Intervenor Plaintiff United States of America, Defendant Pattonville-Bridgeton Fire Protection District. (Attachments: # 1)(Wasserman, Carl) (Entered: 08/03/2005)
80 CONSENT DECREE:... See document for details. Terminating doc.#78 Joint MOTION to Approve Consent Judgment filed by PattonvilleBridgeton Fire Protection District, United States of America. Terminating Case. Signed by Judge E. Richard Webber on 8/16/2005. (BDC) (Entered: 08/16/2005)
81 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Intervenor Plaintiff United States of America (Wasserman, Carl) (Entered: 08/26/2005)
82 Joint MOTION to Dismiss Case Stipulation of Dismissal by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 08/26/2005)
Docket Text ORDER: The Court has received the Stipulation of Dismissal [doc. #82] filed by the parties. All claims are dismissed with prejudice with each party to bear his or its own costs. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 08/30/2005)

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