UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ORIGIN,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
BILLY BOB’S GAMEROOM FURNISHINGS, INC.

JUDGE : Borman, Paul D. DECK : S. Division Civil Deck DATE : 0812612004 @ 10:58:51 CASE NUMBER : 2: 04CV73327 CMP EEOC VS BILLY BOBS GAMEROOM FI~RNISHING INC (LE)

Defendant.

MAGISTRATE JUDGE DONALD A. SCHEER

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title i of the Civil Rights Act of 1991 to correct unlawful discriminatory employment practices and to make whole Aaron Johnson ("Johnson") and other similarly situated African American and Hispanic employees who were adversely affected by the unlawful employment practices. Billy Bob’s Gameroom Furnishings, Inc. ("Defendant"), discriminated against Johnson and others with respect to terms and conditions of employment because of their race and national orogin.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e, et ~ ("Title VII"). 2. The unlawful employment practices alleged belowwere committed within the

jurisdiction of the United States District Court for the Eastern District of Michigan, Southern

Division.

PARTIES

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

an agency of the United States of America charged with the administration, interpretation

and enforcement of Title VII, and is expressly authorized to bring this action by Section

706(0(1 ), of Title VII, 42 U.S.C. Section 2000e-5(f)(1 ). 4. At all relevant times, Defendant has continuously been a Michigan

Corporation doing business in the State of Michigan, including but not limited to, the City

of Royal Oak, and has continuously had and does now have at least fifteen employees.

5. At all relevant times, the Defendant Employer has continuously been an

employer engaged in an industry affecting commerce within the meaning of Section 701 (b),

(g) and (h) of Title VII, 42 U.S.C. Section 2000e-(b), (g) and (h).

CONCILIATION

6. Prior to the institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged and to effect voluntary compliance with Title VII through informal methods of conciliation, conference, and persuasion within the meaning of Section 706(b)of Title VII, 42 U.S.C. Section 2000e-5(b).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, Aaron Johnson filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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8. Since as early as January of 2001, the Defendant has engaged in unlawful discriminatory employment practices at its Royal Oak facility in violation of Section 703(a) of Title VII, 42 U.S.C.§ 2000e-2(a). The unlawful employment practices complained of include compensation paid to Johnson and other warehouse employees (African Americans and Hispanics) at a wage rate lower than that paid to similarly-situated warehouse employees not within the protected class (Caucasians). In addition, Defendant also failed or refused to hire qualified African-American employees or prospective employees for Driver positions.
9. The unlawful employment practices complained of in paragraph 8 above were intentional.
10. The unlawful employment practices complained of in paragraph 8 above were done with malice and/or reckless inclifference to the federally protected rights of Johnson and other employees and prospective employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. GRANT a permanent injunct[on enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of race and national origin. B. ORDER Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for African Americans and Hispanics, and which eradicate the effects of its past and present unlawful employment practices, including institution of training and recruitment programs to ensure compliance with Title VII.
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C. ORDER Defendant Employer to make whole Johnson and others in the protected class by providing compensation for back pay damages with pre-judgement interest.
D. ORDER Defendant Employer to make whole Johnson and others in the protected class by providing them with appropriate punitive damages in amounts to be determined at trial, and by providing them with other affirmative relief necessary to eradicate the effects of Defendant’s unlawful practices.
E. ORDER Defendant Employer to provide training to its management employees regarding Title VIl’s prohibitions against discrimination.
F. AWARD the Commission its costs in this action.
G. GRANT such further relief as the Court deems necessary and proper.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raisebdy this Complaint.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ERIC S. DREIBAND General Counsel JAMES N. LEE Deputy General Counsel
Regional Attorney
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STANLEY H. PITTS (P33519) Supervisory Trial Attorney
OMAR WEAVER (P58861) Trial Attorney
DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-6701

JS44 11/9o CIVIL COVER SHEET cou. , .w. c.v. sAcrlo, AROSE." OAKLAND

The JS-44 civil cover sheet and the information contained herein neither replace not’ supplement the I~ling and service of pleadings or other papers as required

by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, Is required

for use of the Clerk of Court for the purpose of Initiating the civl~ docket shoot.

~ = , ~’~; ’~, :~=.. ~ ,, ,, ,..

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

BILLY BOB’S GAMEROOM FURNISHINGS INC

31STRATE JUDGE DONALD A. SCHEER

(b) County of Residence of First Listed

Counly of Residence of First Listed OAKLAND

(C) Attomoy’s (Firm Name, Address, and Telephone Number)

NOTE: IN LAND CONDEMNATION CASES, USE THtZ LOCATION OF THE L~ND INVOLV£D.
Attorneys (If Know~)

Omar Weaver (P5886 I), Equal Employment Opportunity Commission, 477 Michigan Avenue, Room 865 Detroit. MI 48226 (313) 226-3407

Max J. Newman, Schafer and Wether, PLLC 40950 Woodward Avenue, Suite 100. Bloomfield Hills, MI 48304

tl, BASIS OF JURISDICTION (Place an "x" In One Box Only)

U.S. Government Plaintiff

[] 3 Federal Question (U.S. Government Not a Party)

II1. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "x" In One Box for Plaintiff

(For Diversity Cases Only) PLA DEF

a~ O.e Box for Dote.dan1) PLA DEF

CitIzenofThlsStato [] t [] 1 Incorporated or Prlnclpal Place El4 [] 4 of Business In This State

[] 2 U.S. Govornmenl Defendant

[] 4 Diversity . (Indicate Citizenship of Parties in It0m 111)

IV. NATURE OF SUIT (Place an "X" In One Box Onl~)

CONTRACT

TORTS

Citizen of Another [] 2 [] 2

Incorporated and Principal [] 5 [] 5 of Business In Another State

Citizen or Subject of e [] ~ [] 3 Foreign Nation Fgroiqq Qountrv ,,

BANKRUPTCY

OTHER STATITfES

rl 1 10lnsuraece

PERSONAL INJURY PERSONAL INJURY [] 610 Ag~,cultura

[] 422 Appeal 28 USC 158

[] 120 Madne

[] 31 O Airplane

cI 362 Personal Injury’. r-1 620 Other Food & Drug

130 Miller Act

’ 315 Aiq01ane P~oduct

Med, Malpra¢lica [] 625 Drug Related Seizure ~] 423 Withdrawal

140 Negotiable Inslmment

of prop~rly 21:881

28 USC 157

150 Recovery of Overpayment end Enforcement of Judgment

t"l 320 Asst~ult Libel And, Slande~

[] 630 Liquor Laws

[] 368 Asbestos Personal tajuty Pmducl

640 R,R. & Track

PROPERTY RIGHTS

0 151 Medicare Act
152 Recovery of Del’aultod Student Loans (Excl, Velem P,s)

330 Federal Employe~’
Liability
0 340 Madne [] 345 Madne Product

Liability
r-i PERSONAL PROPER’W i’] 370 Other Fraud

650 Aldine Rags.
660 Occupational Safety/Health
690 Other

[] 820 Copyrights [] 830 Patent 0 840 Trademark

m 153 R~co~ of OYe~ayment

Llabllily

of Velersn’s Benefits [] 350 Motor Vehicle"

[] 371 TNIh In Lending [] 380 Other Personal

lABOR

SOCIAL SECURITY

160 St~khelders’ Suits

355 Meier Vehicle

[] 190 Other Contract

Product Liability

[] 195 Coeltact, Product Uebllity [] 360 Other Porsona~

P~0perty Damage r’l 385 Properly Damage

I-1

ACt

Prnduct Liability

~

720 ~tMgmt. Rela~ons

[] 861 ILIA(1 [] 662 Black Lung (923)
0 863 OIWC/DrCN/(405(g))

REAL PROPERTY

CIVIL RIGHTS

PRISONER PETITIONS

[] 864 SSID l~tie 730 ~r~gmL Re~ng

[] 210 Lend Condernnalion m 220 Foreclosure

441 Voting 442 Employment

rl 51 0 Molions to Vacate Sentence

& Ol~~we Ad 740 Rmlway ~r Act

’ ~ FEDERAL TAX SUITS

[] 230 Reel Leone & EJectmenl

443 Housing/

[] 240 Tod$ to Land

245 Tort Product Llabilily [] 444 Welfare

Habeas Corpus: [] 530 General [] 535 Death Penalty

7900~r Labor U~gat~n

[] 870 Taxes (U.S. Plaintiff or Oelondant)

0 200 .~101he¢ Real Properly r-I 440 Other Civil Righls i--I ~0 Mandamua & Olhe¢

791 Empl, Re], 1~, ~ 871 IRS-Third Pody

[] 550 Civil Rights

$ecu~W Act

26 USC 7609

[] 555 Prison Condi~on

[] 400 State Reappo~onment [] 41 0 Antitrust t"1 430 Ban~s and Banking [] 450 Commence/ICe [] 460 Depodation
i’q 470CoRnarucpkel Oleqe]taIr#~~t.t~u!u.onncsed &
[] 810 Selective Sewlca
I-1 850 Secu ritle~’Com mad E~change
[] 875 CustomerChallon0e 12 LtSC 3410
r-I 891 Agdcultura~ Acts 0 892 Economic Sl.&bil~atioe Act 1"3 893 Environmental
[] 894 Energy AIIoc-’qion Act [] 895 Freedom of
Information Act I’=1 g00 Appeal of Fee
f.)etett~iealio~ U~ler Equal AC¢III to JulUCO
r~ 950 Consfitufiona]ity o! Stato Statutes
[] 800 OtherStatul~,Pj AClio~u

V. ORIGIN

(PLACE AN ’"X" IN ONE BOX ONLY) .

Transfet~red frorn another dielrict

[] t

Original Proceeding

[]

2

Removed ,ram State Court

[] 3 RorAnp.p~edlloatde Cftoournrt

[] 4 Reoirnstaled [] 5 (speCify) Reopened

VI. CAUSE OF ACTION (Cim_the U,~. (~lv!l Stqtulo.uqdpr.whlch. you 9re fi!!ng and write brief statement of cause.

Appeal to Diet;let [] 6 M. uffi d~stdct [] 7 JuMdaggeislfrorotern

This is an action under Title Vii of‘the Civil Rights Act of" ]964, as amended, a~d Title ] ofthc Civil Rights Act of‘ 199] to co~cct

~11. REOU ~ST~O IN COMP~iNT:

~ CH~K IF ~HIS IS A ~ AGTION UNDHRF.R,C,P. 23

Till. RELATED CASE(S) Instructions): IF ANY

JUDGE

~D~D

CH~C~ Y~S only If Oomanded in complaint: ~Y DE~: ~ Yes ~ No
DOCKET NUMBER

~i~’:" pIJRSUANT TO LOCAL RULE 83.11 ¯

1. ’

ls this a case that has been previously dismissed?

1 t" yes, give the following information:

Go u rt:

Case No.:

Judge:

Other than stated above, are there any pending or previously discontinued or dismissed companion cases in this or any other court, including state court? (Companion cases are matters in which it appears substantially similar evidence will be offered or the same or related parties are present and the cases arise out of the same transaction or occurrence.)
If yes, give the following information:
Court:
Case No.:
Judge:
Notes :

 
 F\ LED \

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

FEB 2 B lOGS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

U~~>,:;;,.;~~.~),~c.;~,~(~~T
. ~.-' '.

Plaintiff(s),

CIVIL ACTION NO. 04-73327

v.

JUDGE PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

BILLY BOB'S GAMEROOM FURNISHINGS, INC."

Defendant(s).
--------------------------,/

ORDER OF JUDGMENT BY DEFAULT

l

At a session of said Court held in the Theodore Levin Courthouse, Detroit, Michigan, on February 28. 2005
PRESENT: HONORABLE PAUL D. BORMAN United States District Judge

FEB 28 2005
CLERK'S OFFICE DETROIT

This matter having come before the court upon Plaintiffs' Request for Default Judgment filed February 8, 2005; the court having sent Notice to Defendant to file a response on or before December 28, 2004; the Defendants having failed to file a response; and the court being otherwise fully advised in the premises;

IT IS ORDERED that a Default Judgment be entered for the Plaintiffs, and against Defendant, Billy Bob's Gameroom Furninshings, Incorporated, in the amount of $92,117.00 as these damages are a sum certain which can by computation be determined as a sum certain and an Affidavit of the amount due has been submitted.

~~4~
PAULD.BORMAN UNITED STATES DISTRICT JUDGE
cc: Adele Rapport, Billy Bob's Gameroom Furnishings, Inc., Heather Seroka

 
 CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?884710666874832-L_3...

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:04-cv-73327-PDB-DAS

CLOSED

Equal Employment Opportunity Commission v. Billy Bob's Gameroom Furnishings, Incorporated Assigned to: Honorable Paul D Borman Referred to: Honorable Donald A Scheer Cause: No cause code entered

Date Filed: 08/26/2004 Date Terminated: 02/28/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport Equal Employment Opportunity Commission 477 Michigan Avenue Room 865 Detroit, MI 48226 313-226-5670 Email: Adele.Rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Omar Weaver Equal Employment Opportunities Commission 477 Michigan Avenue Suite 865 Detroit, MI 48226 313-226-5670 Fax: 313-226-5673 Email: omar.weaver@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant Billy Bob's Gameroom Furnishings, Incorporated

Date Filed 08/26/2004

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission against Billy Bob's Gameroom Furnishings, Incorporated.(PPaul, ) (Entered: 08/26/2004)

1 of 2

5/24/2007 10:13 AM

CM/ECF - U.S. District Court:mied - Docket Report

https://ecf.mied.uscourts.gov/cgi-bin/DktRpt.pl?884710666874832-L_3...

11/29/2004 01/18/2005 01/20/2005 02/08/2005 02/28/2005

2 MOTION for Default Judgment as to Billy Bob's Gameroom Furnishings, Incorporated by Equal Employment Opportunity Commission. (PPaul, ) (Entered: 11/30/2004)
3 REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Billy Bob's Gameroom Furnishings, Incorporated by Equal Employment Opportunity Commission. (PPaul, ) (Entered: 01/19/2005)
4 CLERK'S ENTRY OF DEFAULT as to Billy Bob's Gameroom Furnishings, Incorporated (PPaul, ) (Entered: 01/20/2005)
5 MOTION for Default Judgment as to Billy Bob's Gameroom Furnishings, Incorporated by Equal Employment Opportunity Commission. (PPaul, ) (Entered: 02/10/2005)
6 ORDER granting 5 Motion for Default Judgment- Signed by Honorable Paul D Borman. (PPaul, ) (Entered: 03/01/2005)

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