EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 Mariso1 Ramos Attorney for Plaintiff (215)440-2619

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

)

BVI Precision Materials Company, a subsidiary of )

BVI Capital Partners,

)

)

)

Defendant.

)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, female, and to provide appropriate relief to Heather Baker who was adversely affected by such practices. As alleged with greater particUlarity in paragraph 7 below, the Commission alleges that during her employment, Ms. Baker was subjected to sexual harassment in the form of repeated, unwanted sexually offensive remarks and sexual advances from a male co-worker. Despite Ms. Baker's complaints to Defendant's management about the unwelcome harassment, Defendant failed to take prompt remedial action to correct the hostile work environment. In addition, the Commission alleges that Ms. Baker was discharged from her employment in retaliation for her complaints. Consequently, Ms. Baker suffered severe emotional distress and

back pay damages.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337,

1343, and 1345. This action is authorized and instituted pursuant to 706 (f)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(f)(1) and (3), and Section 102

of the Civil Rights Act of 1991,42 U.S.c. § 1981A.

2.

The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Eastern District of Pennsylvania.

PARTIES

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

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

enforcement of Title VII, and is expressly authorized to bring action by Section 706(f)(1) and (3)

of Title VII, 42 U.S.c. § 2000e-5(f)(1) and (3).

4.

At all relevant times, BVI (Defendant Employer) has continuously been doing

business in the State of Pennsylvania and the city Allentown, and has continuously had at least

fifteen (15) employees.

5.

At all relevant times, Defendant Employers have continuously engaged in an

industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII, 42

U.S.C. §§ 2000e-(b), (g), and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the initiation of the lawsuit, Hather Baker filed a

charge of discrimination with the Commission alleging violations of Title VII by Defendant

Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least July 2005, Defendant Employer has engaged in unlawful employment

practices at their Allentown, Pennsylvania facility in violation of Section 703(a)(1) and 704(a) of

Title VII, 42 U.S.C. § 2000e-2(a)(1). These unlawful practices include, but are not limited to, the

following:

(a) Ms. Baker began working for Defendant at its Reading, Pennsylvania facility on

July 1, 2005, as a Receptionist. In November 3, 2005, Ms. Baker was promoted to Process

Tracking Assistant. She remained in that position until her discharge on November 18, 2005.

(b) During the period from July to November 2005, Ms. Baker was subjected to a

sexually hostile work environment by a male Senior Salesman when he made sex-based and

sexually offensive remarks to Ms. Baker on a regular basis.

(c) This Senior Salesman subjected Ms. Baker to sexually offensive comments and

unwelcome sexual advances including, but not limited to, inviting her to go out, telling her she is

sexy, telling her intimate details about his marriage, and sent her e-mails with inappropriate

sexual comments. In addition, this Senior Salesman talked to her in a sexually offensive manner

around co-workers.

(d) On one occasion, this Senior Salesman purchased women's underwear to and gave

it to Ms. Baker. In addition, he showed up several times uninvited at Ms. Baker's house. Ms.

Baker filed a police report because ofthese unwelcome visits.

(e)

At all times, Ms. Baker made clear to the Senior Salesman that his sexual

comments and advances were unwelcome.

(f) On October 1, 2005, Ms. Baker complained about the sexually hostile work

Page -3-

environment to Defendant's Comptroller/ Human Resources Manager, Sandra Bossler. Ms. Baker also complained on several occasions to her supervisor, Cora Switek.
(g) Human Resources Manager Bossler states that she did not take any action because Ms. Baker did not mention the words "sexual harassment" at the time she complained. Switek nor Bossler ever took any remedial action to stop the unwelcome sexual harassment.
(h) On November 18, 2005, Ms. Baker was suddenly discharged from her employment. The reasons set forth by Defendant for terminating Ms. Baker are pretextual for retaliation discrimination. Ms. Baker was discharged a shortly after her report of sexual harassment to management.
8. The effect of the practices complained of in paragraph 7(a)-(h) above has been to deprive Heather Baker of equal employment opportunities and otherwise adversely effects her status as an employee because of her gender, female.
9. The unlawful employment practices complained of III paragraph 7(a)-(h) were intentional.
10. The unlawful employment practices complained of in paragraph 7(a)-(h) were done with malice or with reckless indifference to the federally protected rights of Heather Baker.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment, and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and
Page -4-

programs which provide equal employment opportunities for women, which provide for a harassment free work environment, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to institute and carry out anti-discrimination and sexual harassment policies and complaint procedures.
D. Order Defendant Employer to institute and carry out complaint procedures which encourage employees to come forward with complaints regarding violations of its policies against discrimination and harassment.
E. Order Defendant Employer to institute and carry out a training program which shall promote supervisor accountability imposing on all managers and supervisory personnel a duty to actively monitor their work areas to ensure compliance with policies on non-discrimination and anti-harassment; and requiring all managers and supervisors to report any incidents andlor complaints of harassment andlor retaliation of which they become aware to the department charged with handling such complaints.
F. Order Defendant Employer to make whole Heather Baker by providing appropriate back pay and front pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
G. Order Defendant Employer to make whole Heather Baker by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 (a) through (h) above, including, but not limited to out-of-pocket losses, in amounts to be determined at trial.
H. Order Defendant Employer to make whole Heather Baker by providing
Page -5~

compensation for past and future non pecuniary losses resulting from the unlawful practices

complained of in paragraphs 7 (a) through (h) above, including pain and suffering, humiliation,

embarrassment, loss of life's enjoyment and pleasures, depression, anxiety and inconvenience, in

amounts to be determined at trial.

I. Order Defendant Employer to pay Heather Baker punitive damages for its malicious

and reckless conduct described in paragraphs 7 (a) through (h) above, in amounts to be

determined at trial.

J. Grant such further relief as the Court deems necessary and proper in the public

interest.

K.

Award the Commission its costs of this action.

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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Ronald S. Cooper General Counsel James L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507
Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 Tel. (215) 440-2619 Fax. (215) 440-2848 Email: marisoLramos@eeoc.gov
7

 
 IN THE UNITED STATED DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EQUAL EMPLOYMENT OPPORTUNITY Civil Action No: 05-CV-4362-JCJ COMMISSION,
BVI PRECISION MATERIALS COMPANY, A SUBSIDIARY OF BVI CAPITAL PARTNERS, INC.
CONSENT DECREE
Introduction
A. This action was instituted by the U.S. Equal Employment Opportunity Commission ("EEOC and/or "the Commission") on or about September 27, 2006 against Defendant BVI Precision Material Co. ("BVI and/or "Defendant") to enforce provisions of Title
VII of the Civil Rights of 1964, as amended, 42 U.S.C. 5 2000e et seq. ("Title VII"). In its
Complaint the Commission alleged that during her employment, Ms. Baker was subjected to sexual harassment in the form of repeated, unwanted sexually offensive remarks and sexual advances from a male co-worker. Despite Ms. Baker's complaints to Defendant's management about the unwelcome harassment, the Complaint alleges that Defendant failed to take prompt remedial action to correct the hostile work environment.
In addition, the Commission alleges that Ms. Baker was discharged from her employment in retaliation for her complaints. Consequently, it is alleged, Ms. Baker suffered severe emotional distress and back pay damages.
B. This Consent Decree is entered into by and shall be final and binding between the EEOC and BVI, its directors, officers, agents, successors and assigns.
C. EEOC and BVI agree to the entry of this Consent Decree, which shall fully and finally resolve all claims the EEOC raised in its Complaint in Civil Action No. 06-4362.

D. This Consent Decree shall not constitute either an adjudication of or finding on the merits of the Complaint and shall not be construed as an admission by Defendant of any violation of Title VII.
Findings
E. Having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, the Court finds: (1) it has jurisdiction of the parties and subject matter jurisdiction of this action; and (2) the terms of this Decree and fair, reasonable, equitable and just, and adequately protect the rights of the parties, and the public interest.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
Non-Discrimination and Non-Retaliation 1. Defendant will not harass any employee on the basis of sex in violation of Title VII. 2. Defendant will not engage in any employment practices which retaliate in any manner against any person, including but not limited to Heather Baker, because of their opposition to any practice made an unlawful employment practice under Title VII or because the person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII. 3. Should any inquiry be made by a prospective employer of Heather Baker, Defendant shall only divulge to any identifiable employer or potential employer limited information such as the start date, position title, final salary and end date and indicate that such limited disclosure is part of its business practice. 4. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Defendant under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending or filed in the future against Defendant.

Monetary Relief
5. In full settlement of the claim raised on their behalf against Defendant in the EEOC's Compliant, BVI agrees to pay the sum total of $80,000.00, to Ms. Baker. Ms. Baker will be required to promptly execute the attached Release (Attachment A) which will be forwarded to BVI in order to receive the monetary payment.
6. Within twenty-one (21) days after BVI has received the executed Release from Ms. Baker, Defendant will make the monetary payment to Ms. Baker. BVI will submit proof of payment by mailing a copy of the check issued in this matter to: Marisol Ramos, Trial Attorney, EEOC, Philadelphia District Office, 21 S. Fifth Street, Suite 400, Philadelphia, PA 19106-2515. Late payment of the check will be subject to the accrual of interest on the unpaid amount,
calculated pursuant to 28 U.S.C. 5 1961.
Posting of Notice 7 . Within 20 business days after entry of this Decree, Defendant shall post at its BVI work site(s) on all bulletin boards used by Defendant for communicating with employees, samesized copies of the Notice attached as (Attachment B) to this Decree. The Notice shall remain posted for three years from the date of entry of this Decree. Defendant shall forward a certification that the Notice has been posted and dates of posting within 30 days after entry of this Decree to Marisol Rarnos, Trial Attorney, EEOC, Philadelphia District Office, 21 S. Fifth Street, Suite 400, Philadelphia, PA 19106-2515. If posted copies become defaced, removed, marred or otherwise illegible, Defendant agrees to post a readable copy in the same manner as heretofore specified.
Non-Discrimination and Anti-Harassment Policies and Complaint Procedures 8. Defendant agrees to draft a policy against discrimination, harassment and retaliation of complaint procedures, which shall be drafted in plain and simple language. Defendant shall ensure that its policy or policies against discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria:
(a) state that Defendant: (i) prohibits discrimination against employees on the basis of sex, and prohibits retaliation in violation of Title VII; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for

participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex, in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on sex, in violation of Title VII;
(b) include a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents of discrimination, harassment and retaliation; (ii) provide that the complaints of discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii) identify an employee or employees at Defendant's worksite(s), to whom an employee can make a complaint; (iv) encourage prompt reporting by employees; and (v) provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt investigation of complaints of harassment and/or retaliation;
(d) provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and
(e) provide for discipline up to an including discharge of an employee or supervisor who violates Defendant's policy or policies against discrimination, harassment and retaliation, and for increasingly severe discipline of repeat offenders.
9. Defendant shall distribute to all of its employees and newly-hired employees, its policy or policies against discrimination, harassment and retaliation within 30 days after entry of this Consent Decree.
10. Within 60 days after entry of this Consent Decree, Defendant shall advise Marisol Ramos, Trial Attorney, EEOC Philadelphia District Office, that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees, including temporary employees, via paycheck enclosure and that, new employees including temporary employees will receive these policies and an opportunity to acknowledge receipt. Defendant will retain copies of any acknowledgement of receipt form for an employee in the employee's personnel file.

11. Defendant shall annually for the duration of the Consent Decree send a copy of its policy or polices against discrimination, harassment and retaliation with each employee's paycheck.
Supervisor Accountability 12. Defendant shall promote supervisor accountability by the following conduct:
(a) providing annual anti-discrimination training to all of its supervisory and managerial personnel as set forth in Paragraph 13;
(b) disciplining, up to an including discharge, any supervisor or manager who violates Defendant's policy or policies against discrimination, harassment and retaliation; and
(c) imposing on all managers and supervisory personnel a duty to administer their work areas to ensure compliance with Defendant's policy against discrimination, harassment and retaliation; and
(d) requiring all managers and supervisors to report any incidents andlor complaints of harassment andlor retaliation of which they become aware to the employee or employees designated to handle complaints of discrimination, harassment and retaliation.
Training 13. Defendant shall provide training on the requirements of Title VII as follows:
(a) Defendant agrees to provide annual training sessions by EEOC or a vendor approved by the EEOC for any employee or employees at its BVI worksite responsible for responding to Title VII complaints made at BVI. The training will cover employee rights and employer obligations under both Title VII and relevant state or local anti-discrimination laws. Defendant will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what constitutes unlawful retaliation, and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;
(b) Defendant shall first provide training in accordance with Paragraph 12(a) by no later than 90 calendar days after entry of this Consent Decree and also shall provide such training in calendar years 2007,2008 and 2009..
14. Defendant shall obtain the EEOC's approval of its proposed trainer prior to each year's training sessions.

15. Defendant agrees at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions. Even though the EEOC has approved of or designated a trainer to provide training for one year, it is not required to approve of or designate the same trainer for future training sessions.
16. Defendant shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraph 13 have occurred that the training has taken place and the personnel who attended. Such certification shall include: (i) the dates, location an duration of the training session; (ii) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing of the employee or employees at BVI's work site(s), responsible to Title VII complaints made by BVI as of the date of the training.
17. Defendant shall furnish to the EEOC the following written reports annually for a period of three years following entry of the Decree, with the first report due six months after entry of the Decree and the final report due 60 months after entry of the Decree. Each such report shall contain:
(a) a certification by Defendant that the Notice required to be posted by Paragraph 7 was posted during the six months preceding the report;
(b) a certification by Defendant that it has or will distribute the policy or policies against discrimination, harassment and retaliation annually to employees, and that Defendant has disseminated them to all new employees, including temporary employees, hired within the six-moth period preceding the report;
(c) a certification that Defendant has complied with training requirements of this Consent Decree;
(d) a summary of any additional actions Defendant took to prevent discrimination, harassment and retaliation at BVI's worksite(s) during the six-month period preceding the report.
Dispute Resolution 18. In the event either party to this Decree believes the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non- compliance within 20 days of the alleged non-compliance and afford the alleged

non-complying party 20 business days to remedy the non-compliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within 20 business days, the complaining party may apply to the Court for appropriate relief.

Miscellaneous Provisions 19. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 20. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Defendant in their capacities as representatives, against, directors and officers of Defendant and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to Court in the event any individual is found in contempt for violation of this Decree. 21. This Consent Decree shall be filed in the United States District Court for the Eastern District of Pennsylvania and shall continue in effect for three (3) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this three-year period, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as all disputes have been resolved. 24. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record.

For Plaintiff EEOC:
Ronald S. Cooper General Counsel
James L. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel, Wash. D.C.

For Defendant BVI:

EQUAL EMPLOYMENT OPPORTUNITY

Regional Attorney

Supervisory rial Attorney )
J

Iharisol Ramos /' Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 S. 5t" Street, Suite 400 Philadelphia, PA 19106 (215) 440-2828

Mark C. $&henson, Esquire Attorney V ~ e f e n d a n t

By the Court: THE HONORABLE JUDGE UNITED STATES DISTRICT JUDGE

Date:

UNITED STATED DISTRICT COURT EASTERN DISTRICT OF PEMYSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff

Civil Action No: 05-CV-4362JCJ

BVI PRECISION MATERIALS COMPANY, A SUBSIDIARY OF BVI CAPITAL PARTNERS, INC.
Defendants.

RELEASE BY CLAIMANT

Pursuant to the terms of the Consent Decree entered into by the Equal Employment Opportunity

H W ~ L Commission ("EEOC") and BVI, in the above-captioned case, I,

L, MkZL , do

hereby waive, remit, release and forever discharge BVI, its parent and subsidiary companies, and

affiliates, and any and all of the officers, directors, agents, attorneys, employees, and members of

such entities from any and all claims, demands or causes of action under Title VII, including

attorneys fees and costs, arising from or relating to any right or entitlement now existing until the

date of execution of this Release for claims arising from or allegations made in EEOC et al. v.

- BVI, Civil Action 06-4362, based on claims of sex-based harassment and disparate treatment

occurring prior to this date. This Release is freely executed in return for the good and valuable

consideration set forth in the above-referenced Consent Decree.

(~nufiw2-c- 3 ,2007 0

SIGNATURE: Name:

L .'BFIKQL

Sworn to and Subscribed Before me this 95-day of XaoarLr+ ,2007.
LXY$-y+ NOTARY PUBLIC My Commission Expires:

ATTACHMENT B NOTICE TO ALL BVI EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the District of New Jersey in EEOC v. BVI, Civil Action Number 06-4362, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against BVI.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 5 2000e et seq., as amended ("Title
VII"), prohibits discrimination against employees and applicants for employment based upon national origin, sex, race, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves of their rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is a federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that BVI subjected Heather Baker to harassment based on sex and retaliated by discharge when she complained, in violation of Title VII of the Civil Rights Act of 1964, ("Title VII").
To resolve the case, BVI and the EEOC have entered into a Consent Decree which provided, among other things, that: (1) BVI agrees that it will not discriminate on the basis of sex in the future; (2) BVI will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceedings, or asserted any rights under the Consent Decree; and (3) BVI will train any employee or employees at BVI work site(s) with responsibility for responding to Title VII complaints made by BVI employees, regarding discrimination, harassment and retaliation, and regarding its policy prohibiting discrimination, harassment and retaliation. BVI has denied the allegations made in EEOC7slawsuit and BV17s entry into the Consent Decree is not an admission of any wrongdoing on its part.
If you believe you have been discriminated against, you may contact the EEOC at (215) 440-2600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for three years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance
directed to the Regional Attorney, EEOC Philadelphia District Office, 21

Commission DATED:

BVI DATED:

 
 United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?365966010539018-L_3...

United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:06-cv-04362-JCJ

STANDARD

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. BVI PRECISION MATERIALS COMPANY Assigned to: HONORABLE J. CURTIS JOYNER Cause: 42:1983 Prisoner Civil Rights

Date Filed: 09/29/2006 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by JACQUELINE H. MCNAIR EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 LEAD ATTORNEY ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215-440-2687 Email: judith.oboyle@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

MARISOL RAMOS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 SOUTH 5TH STREET SUITE 400 PHILADELPHIA, PA 19106-2515 215-440-2619 Email: marisol.ramos@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff HEATHER BAKER

represented by BRYAN R. LENTZ VILLARI & LENTZ EIGHT PENN CENTER

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V.
Defendant
BVI PRECISION MATERIALS COMPANY A SUBSIDIARY OF BVI CAPITAL PARTNERS

1628 J.F.K. BLVD., SUITE 1400 PHILADELPHIA, PA 19103 215-568-1990 Email: lentzbryan@yahoo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
LEONARD G. VILLARI VILLARI & LENTZ, LLC EIGHT PENN CENTER 1628 J.F.K. BLVD., SUITE 1400 PHILADELHIA, PA 19103 215-568-1990 Email: lgvillari@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by MARK C. STEPHENSON NELSON, LEVINE, de LUCA & HORST, L.L.C FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 610-862-6575 Email: mstephenson@nldhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS C. DELORENZO MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 1845 WALNUT STREET 19TH FLOOR PHILADELPHIA, PA 19103 215-575-2741 Fax: 215-575-0856 Email: tcdelorenzo@mdwcg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006

#

Docket Text

1 COMPLAINT against BVI PRECISION MATERIALS COMPANY , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Civil Cover Sheet # 2 Designation Form# 3 Case Management)(ti, ) (Entered: 09/29/2006)

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09/29/2006 09/29/2006 10/11/2006 10/18/2006
10/26/2006
11/06/2006 11/16/2006 11/21/2006 12/07/2006 12/08/2006 12/12/2006 12/12/2006
12/12/2006 12/13/2006

Summons Issued as to BVI PRECISION MATERIALS COMPANY. One Original Forwarded To: Counsel on 9/29/06 (ti, ) (Entered: 09/29/2006)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (ti, ) (Entered: 09/29/2006)
2 NOTICE of Appearance by MARK C. STEPHENSON on behalf of BVI PRECISION MATERIALS COMPANY with Certificate of Service (STEPHENSON, MARK) (Entered: 10/11/2006)
3 MOTION TO INTERVENE AS PLAINTIFF IN THE ABOVE-CAPTIONED MATTER FILED BY HEATHER BAKER,CERTIFICATE OF SERVICE. (INTERVENOR-COMPLAINT ATTACHED) (Attachments: # 1 VERIFICATION)(mac, ) (Entered: 10/18/2006)
4 SUMMONS Returned Executed filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: E. Afflerbach served Summons and Complaint upon D. Litzenberger on behalf of BVI PRECISION MATERIALS COMPANY by Personal Service. BVI PRECISION MATERIALS COMPANY served on 10/16/2006, answer due 11/6/2006. (mac, ) (Entered: 10/26/2006)
5 ANSWER to Complaint together with and Affirmative Defenses by BVI PRECISION MATERIALS COMPANY.(STEPHENSON, MARK) (Entered: 11/06/2006)
6 NOTICE of Hearing: RULE 16 CONFERENCE SET FOR 12/6/2006 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE J. CURTIS JOYNER. (ajm, ) (Entered: 11/16/2006)
7 NOTICE of Hearing: RULE 16 CONFERENCE SET FOR 12/6/2006 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE J. CURTIS JOYNER. (ajm, ) (Entered: 11/21/2006)
8 NOTICE of Appearance by THOMAS C. DELORENZO on behalf of BVI PRECISION MATERIALS COMPANY with Jury Demand and Certificate of Service (DELORENZO, THOMAS) (Entered: 12/07/2006)
9 NOTICE of Appearance filed by LEONARD G. VILLARI on behalf of HEATHER BAKER, certificate of service. (mac, ) (Entered: 12/08/2006)
10 Minute Entry for proceedings held before Judge J. CURTIS JOYNER : Pretrial Conference held on 12/6/06. (mac, ) (Entered: 12/13/2006)
11 ORDER THAT HEATHER BAKER'S UNOPPOSED MOTION TO INTERVENE AS A PLAINTIFF IS GRANTED, THE COURT AMENDS THE CAPTION TO REFLECT THE ADDITION OF HEATHER BAKER AS A PLAINTIFF IN THIS MATTER. SIGNED BY JUDGE J. CURTIS JOYNER ON 12/8/06.12/13/06 ENTERED AND COPIES MAILED, E-MAILED. (mac, ) (Entered: 12/13/2006)
12 Intervenor-Complaint against BVI PRECISION MATERIALS, INC. , filed by HEATHER BAKER.(mac, ) (Entered: 12/13/2006)
13 SCHEDULING ORDER: DISCOVERY DUE BY 4/9/2007. MOTIONS FOR SUMMARY JUDGMENT DUE BY 5/18/2007. JOINT PRETRIAL MEMO

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United States District Court Eastern District of Pennsylvania - Docket R... https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?365966010539018-L_3...

02/15/2007 02/21/2007

DUE 5 DAYS BEFORE SETTLEMENT CONFERENCE. TRIAL POOL SET FOR 5/31/2007. SIGNED BY JUDGE J. CURTIS JOYNER ON 12/8/06. 12/14/06 ENTERED AND COPIES MAILED, E-MAILED.(mac, ) (Entered: 12/14/2006)
14 SETTLEMENT AGREEMENT Consent Decree by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (RAMOS, MARISOL) Modified on 2/16/2007 (afm, ). (FILED IN ERROR BY ATTORNEY, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 02/15/2007)
15 CONSENT DECREE IS ENTERED INTO BY AND SHALL BE FINAL AND BINDING BETWEEN THE EEOC AND BVI, ITS DIRECTORS, OFFICERS, AGENTS, SUCCESSORS AND ASSIGNS, ETC. SIGNED BY JUDGE J. CURTIS JOYNER ON 2/20/07. 2/22/07 ENTERED AND COPIES MAILED.(mac, ) (Entered: 02/22/2007)

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05/23/2007 13:00:25

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eeoc 2:06-cv-04362-JCJ 0.16

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