Case 1:05-cv-05445 Document 1 Filed 09/21/2005 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

. ; }'OR THE NORTHERN DISTRICT OF ILLINOIS

SEP 2 1 2005 Q

EASTERN DIVISION

_G:M~,I'i..~ b911BINS

EQUAL EMPLOYMENT OPPORTUNITY )

• • '-_f8QUltt

COMMISSION,

)

PlaintitI,

) )

Civil Action JUDGE GOTTSCftALL

v.
BRlDGESTONE(FIRESTONE NORTH

) ) )

05C 5445

AMERICAN TIRE, LLC

)

)

MAGR>TRATE JUDGE KEYS

Defendant.

)

JURY TRIAL DEMAND

)

~~~~~~~~~~~~~-)

COMPLAINT
NATURE OF THE ACTION
This is an action under Title Vll of the Civil Rights Aet of 1964, as amemkd, 42 U.S.c. ~ 2000e et seq. ("Titlc Vll"), and Titld ofthe Civil Rights Act 0[1991, 42 U.S.c. § 1981a, to corrcct unlawful employment practices on the basis of race and national origin and to provide appropriate relicfto Burt liarton, Michael White and classes of employees who were adversely
affected by such practices. This is also an action under Title vn for retaliatory discharge of Burt
Barton. JURISDICTION AND VENUE
I. This action is brought by the United States Equal Employment Opportunity Commission to enli)ree the provisions of Title Vll of the Civil Rights Aet or 1964, as amcnded, 42 U.S.C. § 2000c ct seq.
2. This action iti authorized and instituted pursuant to § 706(f)(1), § 706(f)(3). 42 U.S.C. §2000e-5(f)(1) §2000e-5(f)(3).
3. This court has jurisdiction of this action pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343, 1345,42 U.S.c. §§ 2000e-5(f)(3), and § 102 ofthe Civil Rights Act of 1991, 42 U.S.c. § 1981 A.

Case 1:05-cv-05445 Document 1 Filed 09/21/2005 Page 2 of 7
4. The unlawful acts alleged below were and are now being committed within the jurisdiction of the United States Distric( Court for the Northern District ofJllinois.
PARTIES 5. Plaintiff, Equal Employment Opportunity Commission ("EEOC" or the "Commission"), is an agency of the United States of America charged with the administration, inteT}Jretation and enforcement of Tide VII, and is expressly authorized to bring this action by § 706(f)(I), Title VII, 42 U.S.C. §2000e-5(t)(l). 6. At all relevant times, Defendant Bridgestone/Fircstone North American Tire, LLC ("Defendant" or "BridgestonelFirestonc") has continuously been a corporation doing business in Illinois. 7. At all relevant times, Bridgestone/Firestone has continuously had at least fifteen (15) employees. 8. At all relevant times, Bridgestone/Firestone has continuously been an employer engaged in an industry alYceting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 9. On January 15,2003, more than thirty (30) days prior to the institution of this lawsuit, Burt Barton filed a charge of discrimination with the Commission alleging violations of Tide VB by Bridgestone/Firestone. 10. On July 31, 2003 and November 14,2003, more tban thirty (30) days prior to the institution of this lawsuit, Michael White filed charges of discrimination with the Commission alleging violations of Title VII by Bridgcstonc/Firestonc. II. All conditions precedent to the institution of this lawsuit have been fulfilled. 12. Defendant has engaged in discrimination against Michael White and Burt Barton and a class of African-Amcrican cmployees in continuing violation of §703(a) ofTitlc VII, 42 U.S.c. § 2000c-2(a). Thcsc lllllawful employment practices include, but are not limited to: (al subjecting African-American employees, including Michael White and Burt Barton, to
-2-

Case 1:05-cv-05445 Document 1 Filed 09/21/2005 Page 3 of 7
a ho~lile working environment based on their race; and (b) subjecting African-American employees, including Miehacl White and Burt Barton to
di flerent tenllS and conditions of ",mploym",nt. 13. Defendant has engaged in discrimination against Hispanic employees as a class in
continuing violation of §703(a) of Title VU, 42 U.S.c. §2000e-2(a). These employment practices include, but are not limited to:
(a) subj",cting Hispanic employees to a hostile work environment based on national origin; and
(b) subjecting Hispanic employees to different tenllS and conditions ofemploym",nt. 14. Defendant has ",ngag",d in racial discrimination against African-American employees as a class in continuing violation of §703(a) of Title VII, 42 U.S.C. §2000",-2(a) by failing to promote quali lied Afhcan-Am"'rican ",mployees. 15. Defendant has also violated § 704(a) of Title VII, 42 US.c. 2000",·3(a) by discharging Burt Barton in rdaliation for his complaining of racc discrimination. 16. The result of the practices complain",d of in paragraphs 12, 13, 14 & 15 has been to deprive Michad Whitt', Burt Barton and a class of Atrican-Ameriean and a class of Hispanic employees of equal employment opportuniti",s and otherwise adversely affect their status as employ",,,,s b",cause of their race and/or national origin. 17. The unlawful ",mployment practices complained of above in paragraphs 12, 13, 14 & 15 w",r", and are intentional. 18. The unlawful employm"'nt practices complained of in paragraphs 12, 13,14 & 15 were done with malic", or with reckless indifference to th", f",derally protected rights of Michael White, Burt Barton and a class of ",mployees.
PRAYER FOR RELIEl<' WHEREFORE, th", Commission requests that this Court: A. Grant a permanent injunction "'njoining Defendant, its officers, successors,
-3-

Case 1:05-cv-05445 Document 1 Filed 09/21/2005 Page 4 of 7
assign~, and all persons in active concert or participation with it, from engaging in any cmploynlent practices which discriminatc on the basis of race and/or national origin and/or which retaliate against eDlployees for engaging in protected activity under Title Vll;
B. Ordcr Defendant to institute and carry out policies, practiccs and programs which provide equal employment opportunities for its employees regardless of race and national origin, and which eradicate the effects of its unlawful employment practices on all employees;
C. Order Dctendant to make whole Michael White, Burt Barton and a class of African-American employees adverscly affected by the unlawful racial harassment alleged above by providing compensation for past and future non-pecuniary losses resulting from those unlawful employment practices including emotional pain, humiliation, and inconvenience in amounts to be determined at trial;
D. Order Defendant to make whole the class of Hispanic employees adversely affected by the unlawful national origin harassment alleged above by providing compensation for past and future non-pecuniary losses resulting from those unlawful employment practices including emotional pain, humiliation, and inconvenience in amounts to be determined at trial.
E. Order Dctendant to make whole a class of African-American employees who were qualified for promotion but were not promoted by virtue oftbe unlawful practices alleged above by providing appropriate back pay with pre-j udgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the efteets ofthe unlawful employment practices, including but not limited to rigbtful place instatement to those employees who were not promoted in violation of Title VII and compensation for past and future non-pecuniary losses resulting from those unlawful employnlent practices including emotional pain, humiliation, and inconvenience in amounts to be detemlined at trial;
F. Order Defendant to make whole Burt Barton for discharging him in retaliation for complaining of race discrimination as alleged above by providing appropriate back pay with prejudgment interest, in an amount to be determined at trial, front payor rightful place reinstatcment, and compensation for past and future non-pecuniary losses rcsulting from its
-4-

Case 1:05-cv-05445 Document 1 Filed 09/21/2005 Page 5 of 7 unlawful retaliation including emotional pain, humiliation, and inconvenience in an amount to be determined at trial.
G. Order Defendant to pay punitive damages lor its malicious and reckless conduct described in paragraphs 12, 13, 14 & 15, in amounts to be determined at trial;
H. Grant such further relief as this Court deems necessary and proper in the public interest; and
r_ Award the Commission its costs in this action.
,JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
-5-

Case 1:05-cv-05445 Document 1 Filed 09/21/2005 Page 6 of 7
Respectfully submitled, Jerome Scanlan Acting General Counsel James L. Lee Deputy General Counsel Gwendolyn Young Reams Associate General Counsel Equal Employment Opportunity Commission 1801 "L" Street, N.W. Washington, D.C. 20507
John C. IIendrickson Regional Attomey
Gregory Gochanour Supcrvisory Trial Attorney
Laurie S. Elkin Trial Attorncy Equal Employment Opportunity
Commission 500 West Madison Street Suite 2800 Chicago, l1Iinois 60661 (312) 353-7726
-6-

, .'

Case 1:05-cv-05445 Document 1 Filed 09/21/2005 Page 7 of 7

RcspectfuJly submitted, Jerome Scanlan Acting General Counsel
James 1. Lee Deputy General Counsel
Gwendolyn Young Reams Associate General Counsel
Equal Employment Opportunity Commission

· 6cIJuv-P £.
Laurie S. Elkin Trial Attomey Equal Employment Opportunity
Commission 500 West Madison Street Suite 2800 Chicago, T11inois 60661 (312)353-7726
-6-

 
 Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 1 of 16

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v,

)

)

)

BRIDGESTONEIFIRESTONE NORTH

)

AMERICAN TJRE,LLC

)

)

Defendant.

)

)

Civil Action No, 05 C 5445 Magistrate Judge Keys

CONSENT DECREE
THE LITIGAnON I. Plaintiff United States Equal Employment Opportunity Commission ("EEOC") filed this action alleging that the Defendant Bridgestone Firestone North American Tire, LLC ("BFNT"), violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e et ~. ("Title Vll"). when it subjected classes of black and Hispanic employees to a hostile work environment based upon their race and/or national origin, subjected classes of black and Hispanic employees to different terms and conditions of employment based on their race andlor national origin, and discharged Burt Barton in retaliation for his opposition to race discrimination prohibited by Title VII. BFNT filed an answer denying these allegations and denying that it had violated Title VII. 2. In the interest of resolving this matter, and as a result of having engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 2 of 16
resolved by entry of this Consent Decree ("Decree''). 3. This Decree fully and finally resolves any and all issues and claims arising out of
the Complaint filed by the EEOC and the parties' subsequent litigation of this action. FINDINGS
4. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction over the subject matter of this action and over the parties;
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of the EEOC, BFNT, class members, and the public interest are adequately protected by this Decree; and
c. This Decree conforms with the Federal Rules of Civil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VTI and will be in the best interests of the parties, the class members, and the public.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: INJUNCTION AGAINST FUTURE EMPLOYMENT DISCRJMINATlON
5. BFNT and its officers, management employees (including supervisory employees), successors, and assigns are hereby enjoined for the term of this Decree from engaging in any form of discrimination on the basis of race, color, or national origin prohibited by Title VII with respect to any employee ofBFNT's Woodridge, I1Jinois distribution center ("Woodridge DC"). BFNT and its officers, management employees (including supervisory employees), successors, and assigns are further enjoined for the term of this Decree from
2

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 3 of 16

engaging in any fonn of retaliation against any person because such person has opposed any

practice at the Woodridge DC that is prohibited by Title VII, filed a charge of discrimination

under Title VII concerning a practice at the Woodridge DC, testified, assisted, or participated in

any manner in any investigation, proceeding, or hearing under Title VII concerning a practice at

the Woodridge DC, or asserted any rights under this Decree. Nothing in this paragraph is meant

to expand liability to any person or entity not already covered by Title VII.

MONETARY RELIEF

6. Subject to the tenns and conditions of this Decree, BFNT shall make payments

("Puyment(s)") to the individuals for whom the EEOC has sought relief ("Class Members") in

the following amounts, totaling $425,000.00 with appropriate deductions made from the portion

of the Payments designated as backpay:

Burt Barton: James Anderson Lennard Browder: Ada Charlson: Eugene Clark: Jorge Crespo: Kenneth Davis Vinson Durham: Victor Garcia: Raul Moreno: Devan Pitts: Ignacio Ponce Charles Prado: Tomm Sing: Gregory Wheat: Cedric White: Michael White:

damages damages damages damages damages damages damages damages damages damages damages damages damages damages damages damages damages -

$35,000, backpay $30,000 $30,000 $20,000 $30,000 $15,000 $30,000 $30,000 $10,000 $5,000 $30,000 $5,000 $ 10,000 $30,000 $30,000 $30,000 $35,000

$20,000

The Payment designated as backpay will be subject to required tax withholdings and

deductions, which BFNT will report on IRS Form W-2, a copy of which shall be furnished to

Burt Barton. BFNT shall not deduct the employer's portion of any applicable payroll taxes from 3

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 4 of 16
the Payment designated as backpay. Each Payment designated as damages shall be reported on IRS Form 1099, a copy of which shall be furnished to the appropriate Class Member. BFNT shall make no deductions from Payments designated as damages. Other than the employer's portion of any applicable payroll taxes from the Payment designated as backpay, BFNT shall not be responsible for the payment of any other taxes with respect to the Payments.
7. For each Class Member named in Paragraph 6, no later than ten (10) business days after the approval and entry of this Decree and receipt by BFNT of a copy of the Release Agreement executed by that Class Member (in the form set forth in Exhibit A to this Decree). whichever is later. BFNT shan issue and mail to that Class Member. by certified mail, a check for backpay, if applicable. and a check for damages, in the amounts specified in Paragraph 6 (less required tax withholdings and deductions). Contemporaneously, BFNT shall submit copies all such checks to the EEOC . The EEOC shall provide BFNT with current mailing addresses for Class Members who are no longer employed by BFNT.
POSTING OF NOTICE 8. No later than ten (10) business days after approval and entry of this Decree. BFNT shall post the Notice attached as Exhibit B to this Decree at the Woodridge DC, on a bulletin board commonly used by BFNT for posting notices directed to employees. The Notice shall remain posted during the entire period during which this Decree is effective (see Paragraph \9). BFNT shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. No later than ten (t 0) business days after entry of this Decree. BFNT shall certifY to the EEOC in writing that the Notice has been properly posted. During the term of this Decree, BFNT shall permit a representative of the EEOC to enter the Woodridge DC for purposes of verifYing compliance with this Paragraph at any time during normal business
4

Case 1:05-cv-05445 Document 45

Filed 05/21/2008

... " "."

~':" "

Page 5 of 16

hours. The EEOC representative must comply with any applicable safety rules and will be escorted by a representative designated by BFNT who is available at that time.
RECORD KEEPING
9. During the period in which this Decree is effective, BFNT shall maintain and make available for inspection and copying by the EEOC written records of every separation of a BFNT employee from employment at the Woodridge DC, and every complaint or report by a BFNT employee or applicant, of employment discrimination prohibited by this Decree, including complaints or reports of retaliation. For each such separation from employment, the above-noted records shall include: (a) the name of the employee whose employment at BFNT has ended; (b) the reason for that employee's separation from employment at BFNT, including whether the separation was required or requested by BFNT; and (c) the race of the employee. For each such complaint or report of employment discrimination, the above-noted records shall include: (i) the name of the complaining or reporting person (including social security number, address, and telephone number); (ii) the date of the complaint or report; (iii) a written description of what was alleged in the complaint or report; (iv) the names of any witnesses of which BFNT is aware; (v) a written description of the resolution or outcome of the complaint or report, including a description of what actions, ifany, BFNT took; and (vi) if the complaint or report was made in written form, a copy thereof.
10. During the period in which this Decree is effective, BFNT shall maintain and make available for inspection and copying by the EEOC records identifying the names of all material handlers working at the Woodridge DC and, if disclosed by the material handler or known to BFNT, their race and national origin. BFNT shall also maintain in electronic format and make available for inspection and copying by the EEOC records of selecting assignments
5

Case 1:05-cv-05445 Document 45

:"~." '.. -"::,'"1">"'" , ..,.,., , .....:"'., .. ', ~ ;.•,. •.. '•.
Filed 05/21/2008 Page 6 of 16

made to materials handlers at the Woodridge DC. These records shall include for each selecting assignment: (i) the number and total weight oftires selected; (ii) the number of tire storage locations in the Woodridge DC visited to complete the assignment; (iii) the time required to complete the assignment (exclusive of breaks); and (iv) by agreement of both parties, any other data reasonably necessary to assess compliance with Paragraphs 17-18.
II. BFNT shall require personnel within its employ whom the EEOC requests for purposes of verifying compliance with this Decree to cooperate reasonably with the EEOC and to be interviewed, provided that with respect to any interviews of management or salaried supervisory personnel the EEOC shall give BFNT reasonable notice and BFNT may have a representative present.
ADOPTION. POSTING. AND DISTRIBUTION OF POLICY AGAINST EMPLOYMENT DISCRIMINATION
12. During the period in which this Decree is effective, BFNT shall maintain a written policy for Woodridge DC employees prohibiting employment discrimination ("Policy"). No later than sixty (60) calendar days after the approval and entry of this Decree, BENT shall distribute a copy of said Policy to each BFNT employee assigned to the Woodridge DC. Additionally:
(a) The Policy shall, at a minimum, specifically prohibit all forms of discrimination prohibited by Title VII;
(b) The Policy shall, at a minimum, inform employees that they are entitled to make complaints or reports of unlawful employment discrimination to BFNT and to the EEOC and the Policy, as well as other documents distributed to employees at the Woodridge DC that summarize, describe or affect the right of employees to make complaints or reports of unlawful
6

.. " ~., , '

~.

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 7 of 16

employment discrimination or the procedures for doing so, shall not contain statements contradicting the same;
(c) The Policy shall, at a minimum, inform employees that BFNT will investigate thoroughly and promptly all complaints and reports of unlawful employment discrimination and shall provide that employees who violate the Policy are subject to discipline up to and including discharge; and
(d) Copies of the Policy will be provided to BFNT employees assigned to the Woodridge DC at the time that they start work at the Woodridge DC.
BFNT shall provide a copy of the Policy to the EEOC within thirty (30) calendar days after the approval and entry of this Decree. The inclusion of this Paragraph in the Decree does not represent the EEOC's or the Court's approval of BFNT's anti-discrimination policy.
TRAINING 13. During the period in which this Decree is effective, all ofBFNT's employees at the Woodridge DC, including all supervisors and managers, shall participate in an annual training session or sessions, conducted by a trainer paid for by BFNT and approved by the EEOC, regarding the law pertaining to employment discrimination, including race and national origin discrimination and retaliation. A registry of attendance shall be maintained for each training session. The first such annual training shall occur no later than ninety (90) calendar days after the entry of this Decree. The subsequent annual training session shall occur within thirty (30) calendar days of the first anniversary date following the entry of this Decree. 14. BFNT shall obtain the EEOC's approval of its proposed trainer prior to the commencement of the training sessions described in Paragraph 13. The EEOC shall not unreasonably withhold ils approval. BFNT shall submit the name, address, telephone number,
7

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 8 of 16
resume and training proposal of the proposed trainer to the EEOC at least twenty (20) business days prior to the proposed date of each training session. The EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the proposed trainer. In the event the EEOC rejects BFNT's designated trainer, it will inform BFNT of the reasons for this rejection. BFNT shall have five (5) business days from the date of receipt ofthe EEOC's rejection to submit the name, address, telephone number, resume and training proposal of an alternate trainer. The EEOC shall have five (5) business days from the date of receipt of the information described above to accept or reject the alternate trainer (and to inform BFNT of the reasons for any rejection). If the parties cannot through this process agree on a trainer, then they may seek the Court's assistance under Paragraph 18.
15. BFNT shall certifY to the EEOC in writing no later than ten (10) business days after each annual training session described in Paragraph 13 that the training required by this Decree has taken place and that the required personnel have attended. Every certification of training described in this Paragraph shall include: (i) the date, location and duration of the training; (ii) a copy of the registry of attendance, which shall include the name and position of each person trained; and (iii) copies of any and all pamphlets, brochures, outlines or other written materials provided to the personnel attending the training session(s).
REPORTING 16. BFNT shall furnish to the EEOC the following written reports semi-annually ("Semi-Annual Report") during the period in which this Decree is effective. The first SemiAnnual Report shall be due six (6) months after entry of the Decree. Subsequent Semi-Annual Reports shall be due every six (6) months thereafter, except that final Semi-Annual Report shall be due 30 calendar days prior to the expiration of the Decree. Each such Semi-Annual Report
8

Case 1:05-cv-05445 Document 45

" " "":' '.~ : '," :' , •• ',3.,.". . 'J :',':' ,
Filed 05/21/2008 Page 9 of 16

shall contain: (a) copies of all records described in Paragraph 9 for each separation of a BFNT
employee from employment at the Woodridge DC that occurred and for each complaint or report of discrimination that was received by BFNT during the six (6) month period preceding the Semi-Annual Report, or a certification by BFNT that no such separations, complaints, or reports were received during that period;
(b) electronic copies ofall records described in Paragraph 10; and (c) a certification by BFNT that the Notice required to be posted by Paragraph 8, remained posted properly at the Woodridge DC during the entire six (6) month period preceding the Semi-Annual Report.
WORK ASSIGNMENT PROGRAM 17. BFNT shall maintain a policy of assigning work to materials handlers at the Woodridge DC based upon objective, non-discriminatory business reasons for the entire term of this Decree ("Work Assignment Program"). Before entry of this Decree, BFNT and the EEOC agreed on the Work Assignment Program that will be in place at the Woodridge DC during the term ofthis Decree. During the term of this Decree, the EEOC shall monitor the implementation of the Work Assignment Program through the recordkeeping and reporting requirements set forth in Paragraphs J0 and 16 above. In the event the EEOC has any questions or concerns about the implementation ofthe Work Assignment Program, the EEOC .shall submit to BFNT a written statement of the EEOC's concerns about the implementation of the Work Assignment Program. BFNT shall have thirty (30) calendar days from the date of receipt of the EEOC's concerns to submit to the EEOC a written statement responding to the EEOC's concerns about the implementation ofthe Work Assignment Program and setting forth the steps BFNT
9

Case 1:05-cv-05445

'r,., ~·.':';!"" I, .•..~... ' .P · "

' <j .. ,c' '~. ,,",' 7' ,' · ',' :.,1" ",;". ::'~".'. ~ ,."; ",'. ,, :., ',•. , •.:~,;••:: ,,~ .

Document 45 Filed 05/21/2008 Page 10 of 16

,,':.. .

will take to ensure compliance with the Work Assignment Program. If, through this process, the parties cannot resolve their differences regarding the implementation of the Work Assignment Program then either party may seek the Court's assistance under Paragraph 18.
In the event BFNT desires to change its Work Assignment Program during the term of this Decree, it will submit to the EEOC a written statement outlining its changes. The EEOC shall then have thirty (30) calendar days from the date of receipt of BFNTs proposed changes to submit to BFNT a written statement responding to BFNT's proposed changes. If, through this process, the parties cannot resolve their differences regarding a new Work Assignment Program then either party may seek the Court's assistance under Paragraph 18.
DISPUTE RESOLUTION 18. If during the term of this Decree either party to this Decree believes that the other party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days, or such other time period as agreed to by both parties, to remedy the noncompliance or to 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 ten (10) business days, or such other time period as agreed to by both parties, then the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION
19. All provisions of this Decree shall be in effect (and the Court will retain
jurisdiction ofthis matter to enforce this Decree) for a period of two (2) years immediately following the approval and entry of the Decree. provided, however. that if, at the end of that
10

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 11 of 16
period, any disputes under Paragraph 18 remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved,
MISCELLANEOUS PROVISIONS 20, Neither party admits any of the claims or defenses raised by the other party in this action, 21, Each party to this Decree shall bear its own expenses, attorney's fees, and costs.
22. The terms of this Decree are and shall be binding on the present and future
officers, management employees (including supervisory employees), successors, and assigns of BFNT. BFNT shall provide prior written notice to any potential purchaser of BFNT's business, or a potential purchaser of all or a substantial portion of BFNT' s assets, and to any other potential successor, of: 0) this action by the EEOC against BFNT; (ii) the allegations raised in the Complaint filed in this action; and (iii) the existence and contents of this Decree. Nothing in this paragraph is meant to expand liability to any person or entity not already covered by Title VII.
23. When this Decree requires a certification by BFNT of any fact(s), such
certification shall be made under oath or penalty of perjury by an officer or management employee ofBFNT.
24. When this Decree requires the submission by BFNT of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: BridgestonelFirestone Consent Decree Compliance, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661. When this Decree requires submission by the EEOC of
notices, written statements, or other materials to BFNT, they shall be mailed to: Robert W.
II

.. , ', . ."r
Case 1:05-cv-05445 Document 45

...' "-"',' '
Filed 05/21/2008 Page 12 of 16

Vyverberg Holland & Knight LLP, 131 South Dearborn Street, 30th Floor, Chicago, Illinois 60603.

12

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 13 of 16

ENTERED AND APPROVED FOR:

For the UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

For BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC

JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 800 C' 0, II . o' 3 2-3

Robert Vyverberg Naomi Katz Counsel to Bridgestone Firestone Holland & Knight LLP 131 South Dearborn Street, 30th Floor Chicago, lllinois 60603 312-263-3600

/

The Honorable Arlander Keys United States Magistrate Judge
13

Case 1:05-cv-05445 Document 45 Filed 05/21/2008 Page 14 of 16

ENTERED AND APPROVED FOR:
For the UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

For BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC

JAMES LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 312-353-7722

Naomi Katz
Counsel to Bridgestone Firestone
Holland & Knight LLP
131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 312-263-3600

JOHN C. HENDRICKSON Regional Attorney

GREGORY GOCHANOUR Supervisory Trial Attorney

RICHARD MRIZEK Trial Attorney

JUSTIN MULAIRE Trial Attorney

The Honorable Arlander Keys United States Magistrate Judge
13

Case 1:05-cv-05445

.~ •. . :.'"

" jo :, • ~~

.,. . ': • ::.,," '-.•

Document 45 Filed 05/21/2008

.,'.•.. '.,"7.:, .. '~.'.' ".::';.,:.".-.:: ' .',~
Page 15 of 16

EXHIBIT A

RELEASE AGREEMENT

In consideration of $

to be paid to me by Bridgestone Firestone North

American Tire, LLC, in connection with the resolution of EEOC y. BridgestonelFirestone North

American Tire, LLC, No. 05 C 5445 (N.D.III.), J waive my right to recover from BFNT and its

parents, subsidiaries, affiliated entities, predecessors, successors, assigns, officers, and

employees (collectively, "Releasees") for any claims of employment discrimination, harassment

andlor retaliation arising under Title VII of the Civil Rights Act of 1964 that I had against

Releasees on or before the date of this release and that were included in the claims brought by

the EEOC in EEOC y. BrjdgestQneLFirestone North American Tire, LLC.

Nothing in this Agreement con.stitutes or should be construed as an admission of liability
on the part of Releasees and Releasees deny any such liability.

I acknowledge that I have carefully read and fully understand this Release Agreement and that I know and understand the rights I am waiving by signing this Release Agreement.

Signature :--:::--:-:--:-:-:=-==-=--:-::::::-:--:-=:-::::-==-=[NAME OF CLASS MEMBER]

Date: _ _ _ _ _ _ _ _ _ __

14

Case 1:05-cv-05445 Document 45

Filed 05/21/2008

,.. ••.. ,...:,. ~:, ~.. :<.,.
Page 16 of 16

NOTICE TO BRIDGESTONE FIRESTONE EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in the Northern District of Illinois in EEOC v. BridgestonelFirestone North American Tire. LLC,
No. 05 C 5445 (N .0.111.), resolving a lawsuit filed by the Equal Employment Opportunity
Commission ("EEOC") against Bridgestone Firestone North American Tire, LLC ("BFNT').
In its suit, the EEOC alleged that BFNT violated Title VII of the Civil Rights Act of 1964 ('Title VII") by subjecting employees to harassment based on their race and national origin, subjecting employees to different terms and conditions ofemployment because of their race andlor national origin, and discharging an employee in retaliation for reporting or complaining about race discrimination. In its answer to .the lawsuit, BFNT denied these allegations and denied that it had violated Title VII.
To resolve the case, BFNT and the EEOC have entered into a Consent Decree which
provides, among other things, that:
I) BFNT will make monetary payments to the individuals who claim to have been affected by the alleged violations of Title VU;
2) BFNT will not discriminate against any employee at its Woodridge, Illinois distribution center ("Woodridge DC") on the basis of race or national origin;
3) BFNT will not retaliate against any person because he or she makes or files a complaint of discrimination, opposes any discriminatory practice at the Woodridge DC that is prohibited by Title VII, participates in any Title VII investigation or proceeding, or asserts any rights under the Consent Decree; and
4) BFNT will maintain and distribute to all employees a policy prohibiting discrimination and will train its Woodridge DC employees, including managers and supervisors, regarding prohibited discrimination and BFNT's policy.
The EEOC is the federal agency that enforces the nation's laws prohibiting discrimination in employment based on race, color, sex (including sexual harassment and pregnancy), religion, national origin, age, disability, and retaliation. Further information about the EEOC and these laws is available on the EEOC's web site at www.eeoc.gov. If you believe you have been subjected to unlawful discrimination, you may contact the EEOC by phone at 312-353-8195, or by TTY at 312-353-2421. The EEOC charges no fees.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE This Notice must remain posted for two years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: BridgestoneIFlrestone Consent Decree Compliance, EEOC, 500 West Madison Street, Suite 2000, Chicago, IL 60661.

(J!p 2.1) 700&-
Da

Judge Arlander Keys United States Magistrate Ju ge

 
 ·- .

Case: 1:05-cv-05445 Document #: 23 Filed: 09/06/06 Page 1 of 6 PageID #:52 Case 1:05-cv-05445 Document 19 Filed 09/01/2006 Page 1 of 6

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

v.

)

)

)

.BRIOGESTONE/FIRESTONE NORTH

)

AMERICAN TIRE, LLC

)

)

Defendant.

)

Civil Action No. 05 C 5445 Judge Gottschall Magistrate Judge Keys

AGREED PROTECTIVE ORDER
In order to preserve and maintain the confidentiality of certain documents and
information to be produced in this litigation, Bridge~tone Firestone North American Tire, LLC
("BFNT") and the Equal Employment Opportunity Commission ("EEOC), pursuant to Rule
26(c) of the Federal Rules of Civil Procedure, have hereby agreed and stipulated as foliows:
Definitions
1) The term "Confidential Infonnation" is defined as any of the following types of information:
a. specific wage, financial or tax information; b. social security numbers; c. unlisted home address and telephone numbers; d. physical and mental health information; e. trade se~'Tets as defined by the Illinois Trade Secrets Act; f. performance evaluations and records of discipline; g. employee complaints, reports, or claims maintained as confidential by
BFNT and related confidential investigatory materials;

Case: 1:05-cv-05445 Document #: 23 Filed: 09/06/06 Page 2 of 6 PageID #:53 Case 1:05-cv-05445 Document 19 Filed 09/01/2006 Page 2 of 6

h. proprietary business distribution processes or procedures that haw been maintained as confidential by BFNT; and/or

'·

non-public documents comprising or relating to BFNT's aflirmative action

plans.

2) The term "Confidential Document" refers to a document that contains any of the above types of information defined as "Confidential Information."

3) The term "Class Members" refers to those individuals identified by the EEOC in its Response to Defendant's First Set of Interrogatories, Response to Interrogatory No. 2, as amended or supplemented.

4) As used herein, "disclosure" or "to disclose" shall mean to divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise communicate Confidential Information.

Restriction on Use of Confidential Information

5) During the pendency of this litigation, Confidential Information shall be retained solely in the custody of the parties' attorneys and shall not be placed in the possession of or disclosed to any other person, except as set forth in paragraph 6 below, as otherwise agreed upon by the parties, or upon leave of Court. Confidential Information shall be utilized only for the purpose of this litigation.

6) Confidential Information protected by this Order shall not be disclosed in any

manner, directly or indirectly, to any persons except as follows:

a, Confidential Information may be used by the parties, their attorneys, and clerks, paralegals, secretaries and other support staff in the employ of such parties or attorneys solely for the purpose of this litigation;
b. Individuals may review their own records;

c.

Individuals may review Confidential Information which they prepared or

which has been distributed to !hem in the normal course of business;

2

Case: 1:05-cv-05445 Document #: 23 Filed: 09/06/06 Page 3 of 6 PageID #:54 Case 1:05·cv-05445 Document 19 Filed 09/01/2006 Page 3 of 6

d. Confidential Information may be used in all pretrial discovery proceedings, such as depositions, and may be filed in Court, such as in support of or in opposition to a summary judgment motion or other motions, without limitations other than those set torth in paragraph 7 or by
order of the Court;

e. Confidential Information may be reviewed by an expert witness or consultant expressly employed or retained by counsel or a party to this litigation to whom it is necessary to disclose Confidential Information for the purpose of prosecuting or defending this litigation, if the party provides and explains this protective order to the expert witness or consultant and the expert witness or consultant signs an acknowledgement that he or she has read and understood this protective order, agrees to be bound by its terms, and further agrees not to disclose Confidential
Information;

f. Confidential Information may be used for motions, at trial, and on appeal of this case, without limitations other than those set forth in paragraph 7 or by order of the Court.

g. Class Members may review any Confidential Information that BFNT uses or refers to in a motion, proposes to use as an exhibit at trial, or uses at a settlement conference, however, Class Members may not retain copies of
documents containing Confidential Information;

h. A Class Member may view personnel records of other BFNT employees who either held the same position a~ th~ Class Member or held a position to which the Class Member applied for a promotion, with the exception of medical or benefits information, if the EEOC provides and explains this protective order to the Class Member and the Class Member signs an acknowledgement that he or she has read and understood this protective order, agrees to be bound by its terms, and further agrees not to disclose Confidential Information, however, Class Members may not retain copies of documents containing Confidential information; and

1.

Confidential Information may be disclosed to a court reporter during the

course of a deposition.

7) Only documents containing the following types of Confidential Information

should be filed with the Court under seal: social security numbers; physical and mental health

information; names of employees, other than Class Members, in complaints, reports, or claims

that were raised by non-Class Members and are maintained as confidential by BFNT and/or

related confidential investigatory materials; proprietary business distribution processes or

3

Case: 1:05-cv-05445 Document #: 23 Filed: 09/06/06 Page 4 of 6 PageID #:55 Case 1:05-cv-05445 Document 19 Filed 09/01/2006 Page 4 of 6

procedures that have been maintained as confidential by BFNT; non-public documents comprising or relating to BFNTs affirmative action plans; and trade secret~ as defined by the TI!inois Trade Secrets Act. However, such documents can be filed under normal Court procedures if the Confidential Information listed in paragraph 7 has been redacted or otherwise removed from the dm.:ument.

8)

A document or portion of a document that a party determines in good faith to

contain Confidential Information as defined in paragraph I may be designated as Confidential by

(I) stamping the word "CONFIDENTIAL" on the document, (2) otherwise indicating that it

contains Confidential Information, (3) employing other means provided by this order, or (4)

using any other reasonable method agreed upon by the parties.

9)

A party may, on the record of a deposition or by written notice to opposing

counsel not later than thirty (30) days after receipt of the deposition transcript, designate any

portion(s) of the deposition as confidential if the party determines in good faith that the

designated portion(s) contain(s) Confidential Information as defined in paragraph 1. Until

expiration of the above thirty (30) day period, all deposition transcripts will be deemed

"Confidential Documents" under this Protective Order and information therein will be deemed

"Confidential Information" under this Protective Order unless otherwise agreed to in writing by

the parties.

10) Nothing shall prevent disclosure of Confidential Information beyond the tenns of this Order if all parties consent to such disclosure, or if the Court, after notice to all affected parties, permits such disclosure.

II) If any party wishes to disclose any Confidential Information beyond the terms of paragraphs 6 or 7 of this Order, that party shall provide ull other parties with reasonable notice in

4

. ~.·

Case: 1:05-cv-05445 Document #: 23 Filed: 09/06/06 Page 5 of 6 PageID #:56 Case 1:05-cv-05445 Document 19 Filed 09/01/2006 Page 5 of 6

writing of its request to disclose the materials. If the parties cannot resolve their disagreement
with respect to the disclosure of any Confidential Information or Confidential Documents, then a party may petition the Court for a determination of these issues. Such Confidential Information or Confidential Documents shall remain confidential as stipulated by this order until the Court rules on the party's specific petition.
Miscellaneous

12) in this case.

This Order does not limit the right of any party to object to the scope of discovery

13) This Order does not constitute a determination of the admissibility or evidentiary foundation for any documents or a wlriver of any party's objections thereto.
14) Upon the final completion of the litigation (including any appeals) the parties shall return to each other or destroy all copies of Confidential Documents. If the documents arc destroyed, the EEOC's counsel and/or BFNT's counsel shall certify in writing that the destruction has taken place. The obligations to mlrintain the confidentiality of Confidential Information shall continue after the completion of this case.
15) Either party or an interested member of the public may challenge the sealed filing of particular documents pursuant to this protective order.
16) Either party may request that additional documents be subject to this order upon application to the Court.

17) Both parties submit to the jurisdiction of this Court regarding any disputes or breaches that may arise under this order.

5

------------------------·· Case: 1:05-cv-05445 Document #: 23 Filed: 09/06/06 Page 6 of 6 PageID #:57 Case 1:05-cv-05445 Document 19 Filed 09/01/2006 Page 6 of 6
AGREED:
\)1"0\
RiChaid .r. Mrizek
Attorney for Plaintiff &jual Employment Opportunity Commission 500 West Madison# 2800 Chicago, IL 60661 Phone: (312) 886-9078
R;obe%rt~~~
Todd D. Steenson Naomi F. Katz Holland & Knight LLP 131 S. Dearborn Street, 30th Floor Chicago, IL 60603 Phone: (312) 263-3600
ENTERED:
Date:
• 3944445-~~
6

 
 Case: 1:05-cv-05445 Document #: 41 Filed: 04/09/08 Page 1 of 2 PageID #:75
United States District Court Northern District of Illinois
In the Matter of

EEOC v.
Bridgestone/Firestone North America

Case No. 05 C 5445

TRANSFER OF CASE TO THE EXECUTIVE COMMITTEE FOR A REASSIGNMENT TO MAGISTRATE JUDGE
The above-captioned cause is curren!Iy pending on my calendar. I recommend to the Executive Committee that this case be reassigned to the calendar of Magistrate Judge Arlnnder Keys pursuant to Local Rule 73 .1. Parties have consented to the reassignment as indicated on the reverse of this form.

Dated: April 8, 2008
ORDER OF THE EXECUTIVE COMMITTEE IT IS HEREBY ORDERED that the above captioned case be reassigned to the calendar of Magistrate Judge Arlandcr Keys of this Court in accordance with the Rules.
ENTER FOR THE EXECUTIVE COMMITTEE
APR- 9 2008
Dated: _ _ _ _ __

R~:~~sign/Desi~naled Ma.gisttt\te Judge (Rev. 9/99)

Case: 1:05-cv-05445 Document #: 41 Filed: 04/09/08 Page 2 of 2 PageID #:76

Parties have consented to have the designated magistrate conduct:

•

any and all proceedings including entry of a final judgment in

accordance with Local Rule 73.l(b).

D specific proceedings pursuant to 28 USC § 636(c). Where such a reassignment is made, the case shall remain on the calendar of the district judge in accordance with General Rule 73 ..I(c).

The content of the consent is specified in the following manner:

•

on the attached form(s).

D in the pretrial order dated and on file with the Clerk of Court.

 
 Case: 1:05-cv-5445 As of: 11/12/2016 12:20 PM CST 1 of 5
KEYS,PROTO,TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 6.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05−cv−05445

Equal Employment Opportunity Commission v. Bridgestone/Firestone North American Tire, LLC Assigned to: Honorable Arlander Keys Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/21/2005 Date Terminated: 05/21/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Laurie S. Elkin Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353−7722 Email: laurie.elkin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard John Mrizek U.S. Equal Employment Opportunity Commission 500 W. Madison Suite 2000 Chicago, IL 60661 (312) 869−8117 Fax: (312) 869−8124 Email: richard.mrizek@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886−9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

John C. Hendrickson Equal Employment Opportunity Commission 500 West Madison Street Suite 2000 Chicago, IL 60661 (312) 869−8099 Fax: (312) 869−8124 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED

Justin Mulaire U.S. Equal Employment Opportunity Commission 500 W. Madison St., Ste. 2000 Chicago, IL 60661 312−869−8045 Email: justin.mulaire@eeoc.gov

Case: 1:05-cv-5445 As of: 11/12/2016 12:20 PM CST 2 of 5 ATTORNEY TO BE NOTICED

V.
Defendant
Bridgestone/Firestone North American Tire, LLC

represented by Robert William Vyverberg , Jr. Holland & Knight LLC 131 South Dearborn Street 30th Floor Chicago, IL 60603 (312) 263−3600 Email: robert.vyverberg@hklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Naomi Felicia Katz Holland & Knight LLC 131 South Dearborn Street 30th Floor Chicago, IL 60603 (312) 263−3600 Email: naomi.katz@hklaw.com ATTORNEY TO BE NOTICED
Todd David Steenson Holland & Knight LLP 131 South Dearborn Street 30th Floor Chicago, IL 60603 (312) 263−3600 Fax: (312) 578−6666 Email: todd.steenson@hklaw.com ATTORNEY TO BE NOTICED

Date Filed 09/21/2005 09/21/2005 09/21/2005
11/02/2005 11/21/2005 11/21/2005 11/21/2005 11/21/2005
11/28/2005

# Docket Text
1 COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(vmj, ) (Entered: 09/22/2005)
2 CIVIL Cover Sheet (vmj, ) (Entered: 09/22/2005)
3 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Laurie S. Elkin, Gregory M. Gochanour, John C. Hendrickson (vmj, ) (Entered: 09/22/2005)
5 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Justin Mulaire (Mulaire, Justin) (Entered: 11/02/2005)
6 ATTORNEY Appearance for Defendant Bridgestone/Firestone North American Tire, LLC by Todd David Steenson (Steenson, Todd) (Entered: 11/21/2005)
7 ATTORNEY Appearance for Defendant Bridgestone/Firestone North American Tire, LLC by Naomi Felicia Katz (Katz, Naomi) (Entered: 11/21/2005)
8 ATTORNEY Appearance for Defendant Bridgestone/Firestone North American Tire, LLC by Robert William Vyverberg, Jr (Vyverberg, Robert) (Entered: 11/21/2005)
9 Defendant's Answer and Affirmative Defenses ANSWER to Complaint by Bridgestone/Firestone North American Tire, LLC(Vyverberg, Robert) (Entered: 11/21/2005)
10 Defendant's Corporate Disclosure Statement by Bridgestone/Firestone North American Tire, LLC (Vyverberg, Robert) (Entered: 11/28/2005)

Case: 1:05-cv-5445 As of: 11/12/2016 12:20 PM CST 3 of 5

11/29/2005
12/07/2005
02/24/2006 02/25/2006 03/08/2006 08/21/2006 08/21/2006 08/24/2006 09/01/2006 09/01/2006 09/06/2006 09/06/2006 09/06/2006 12/19/2006 01/31/2007 01/31/2007

11 MINUTE entry before Judge Joan B. Gottschall : Status hearing set for 12/7/2005 at 09:30 AM. Plaintiff is directed to advise the defendants of the status hearing forthwith. Parties are directed to discuss settlement of case, consent to proceed before the Magistrate Judge and a proposed discovery plan. Mailed notice (rj, ) (Entered: 11/29/2005)
12 MINUTE entry before Judge Joan B. Gottschall : Status hearing held on 12/7/2005. Rule 26 disclosures exchanged by 12/19/2005. Written discovery shall be served by 1/19/2006. Status hearing set for 3/1/2006 at 09:30 AM. Parties are required to present an agreed discovery plan. Mailed notice (rj, ) Modified on 12/22/2005 (rj, ). (Entered: 12/07/2005)
13 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Richard John Mrizek (Mrizek, Richard) (Entered: 02/24/2006)
14 MINUTE entry before Judge Joan B. Gottschall : Status hearing set for 3/1/2005 is stricken and reset to 3/8/2006 at 09:30 AM by request of the parties. Mailed notice (rj, ) (Entered: 02/25/2006)
15 MINUTE entry before Judge Joan B. Gottschall : Status hearing held on 3/8/2006. Status hearing continued to 9/6/2006 at 09:30 AM. Mailed notice (rj, ) (Entered: 03/08/2006)
16 MOTION by Plaintiff Equal Employment Opportunity Commission, Defendant Bridgestone/Firestone North American Tire, LLC for protective order (Attachments: # 1 Text of Proposed Order Agreed Protective Order)(Mrizek, Richard) (Entered: 08/21/2006)
17 Joint NOTICE of Motion by Richard John Mrizek for presentment of motion for protective order 16 before Honorable Joan B. Gottschall on 8/24/2006 at 09:30 AM. (Mrizek, Richard) (Entered: 08/21/2006)
18 MINUTE entry before Judge Joan B. Gottschall : Agreed motion for entry of agreed protective order 16 is denied without prejudice for failure to comply with Judge Gottschall's standing order regarding delivery of courtesy copies. Mailed notice (rj, ) (Entered: 08/30/2006)
19 MOTION by Plaintiff Equal Employment Opportunity Commission, Defendant Bridgestone/Firestone North American Tire, LLC for protective order Joint Agreed Motion (Attachments: # 1 Text of Proposed Order Agreed Protective Order)(Mrizek, Richard) (Entered: 09/01/2006)
20 Joint NOTICE of Motion by Richard John Mrizek for presentment of motion for protective order 19 before Honorable Joan B. Gottschall on 9/7/2006 at 09:30 AM. (Mrizek, Richard) (Entered: 09/01/2006)
21 MINUTE entry before Judge Joan B. Gottschall :Status hearing held on 9/6/2006 and continued to 1/10/2007 at 09:30 AM. The court intends to set a fact discovery closure date at schdeduled status hearing. Mailed notice(rj, ) Modified on 9/6/2006 (rj, ). (Entered: 09/06/2006)
22 MINUTE entry before Judge Joan B. Gottschall : Motion by plaintiff Equal Employment Opportunity Commission, Defendant Bridgestone/Firestone North American Tire, LLC for protective order 19 is granted. Enter Agreed Protective order. (For further detail see separate order.) Mailed notice (hp, ) (Entered: 09/08/2006)
23 AGREED PROTECTIVE Order Signed by Judge Joan B. Gottschall on 9/6/2006:Mailed notice(hp, ) (Entered: 09/08/2006)
24 MINUTE entry before Judge Joan B. Gottschall : Status hearing set for 1/10/2007 is stricken and reset to 1/31/2007 at 09:30 AM due to scheduling conflict of the Court.Mailed notice (rj, ) (Entered: 12/19/2006)
25 MINUTE entry before Judge Joan B. Gottschall :Status hearing held on 1/31/2007. This matter is referred to Magistrate Judge Keys for discovery supervision and settlement conference. Mailed notice (rj, ) (Entered: 01/31/2007)
26 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Arlander Keys for the purpose of holding proceedings related to: discovery

Case: 1:05-cv-5445 As of: 11/12/2016 12:20 PM CST 4 of 5

02/15/2007 03/19/2007 05/21/2007 07/23/2007 09/24/2007 11/26/2007 01/02/2008
01/02/2008
01/07/2008 01/30/2008 02/20/2008 03/05/2008
04/04/2008

supervision and settlement conference.(rj, )Mailed notice. (Entered: 01/31/2007)
27 MINUTE entry Magistrate Judge Status hearing set for 3/19/2007 at 09:00 AM. in courtroom 2230.(ac, ) (Entered: 02/15/2007)
28 MINUTE entry before Judge Arlander Keys :Magistrate Judge Status hearing held on 3/19/2007; continued to 5/21/2007 at 9:00 a.m. All discovery custs off on 12/31/07. Discovery is proceeding.Mailed notice (eav, ) (Entered: 03/22/2007)
29 MINUTE entry before Judge Arlander Keys :Status hearing held; continued to 7/23/07 at 9:00 a.m. The parties are reminded that discovery cuts off on 12/31/2007. Discovery is proceeding satisfactorily.Mailed notice (smm) (Entered: 05/24/2007)
30 MINUTE entry before Judge Arlander Keys :Status hearing held; continued to 9/24/2007 at 9:00 A.M. Counsel for defendant only appeared and informed the Court that discovery is proceeding. The parties ar reminded that discovery cuts off on 12/31/07.Mailed notice (smm) (Entered: 07/25/2007)
31 MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 11/26/2007 at 9:00 a.m. The Parties appeared and informed the Court that discovery is proceeding. The Parties are reminded that discovery cuts off on 12/31/2007. Mailed notice (hp, ) (Entered: 09/26/2007)
32 MINUTE entry before Judge Arlander Keys :Magistrate Judge Status hearing held on 11/26/2007 and continued to 1/7/08 at 9:00 a.m. Fact discovery cutoff is extended to 2/15/08 due to the fact that parties are discussing the possibility of resolving this case. (kef, ) (Entered: 11/26/2007)
33 MINUTE entry before Judge Arlander Keys :Settlement Conference set for 1/25/2008 at 10:00 AM. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 1/18/08. This is a requirement, not an option and no follow up calls for this information will be made by the court's staff. Failure to comply with this requirement is sanctionable (ac, ) (Entered: 01/02/2008)
34 MINUTE entry before Judge Arlander Keys :Pursuant to the parties request, settlement conference set for 1/25/08 is reset to 1/30/2008 at 01:30 PM. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 1/24/08. This is a requirement, not an option and no follow up calls for this information will be made by the court's staff. Failure to comply with this requirement is sanctionable. (ac, ) (Entered: 01/02/2008)
35 MINUTE entry before Judge Arlander Keys :Status hearing held. Settlement conference set for 1/30/08 at 1:30 p.m. to remain firm.Mailed notice (smm) (Entered: 01/09/2008)
36 MINUTE entry before Judge Arlander Keys :Settlement conference held. A great deal of progress was made toward settlement. However, the case did not settle at this time. The fact discovery cut off date is extended to 3/31/08. Status hearing set for 2/20/2008 at 9:00 A.M.Mailed notice (smm) (Entered: 02/04/2008)
37 MINUTE entry before Judge Arlander Keys : Status hearing held; continued to 3/5/2008 at 9:00 a.m. The Parties appeared and informed the Court that they are closer to a resolution of this case. Mailed notice (hp, ) (Entered: 02/22/2008)
38 MINUTE entry before Judge Arlander Keys :Status hearing held; continued to 4/4/2008 at 9:00 A.M. The parties appeared and informed the Court that they need additional time to prepare the settlement documents and to finalize the language in the consent decree. If plaintiff files a stipulation to dismiss prior to the next status hearing, the status will be stricken and parties will not need ti appear. The parties to submit the consent decree to Judge Gottschall.Mailed notice (smm) (Entered: 03/07/2008)
39 MINUTE entry before Judge Honorable Arlander Keys:Status hearing held; continued to 5/5/08 at 9:00 a.m. The Parties appeared and informed the Court that they are close to finalizing the language in the consent decree. The Parties also will consent to the

Case: 1:05-cv-5445 As of: 11/12/2016 12:20 PM CST 5 of 5

04/04/2008 04/09/2008 05/01/2008 05/21/2008
05/21/2008 05/21/2008

jurisdiction of this Court for all further proceedings. The Parties are to submit the consent decree to this Court prior to the next status hearing. (ac, ) (Entered: 04/09/2008)
40 JOINT CONSENT by Equal Employment Opportunity Commission, Bridgestone/Firestone North American Tire, LLC to Exercise of Jurisdiction by a United States Magistrate Judge. (smm) (Entered: 04/14/2008)
41 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Arlander Keys for all further proceedings. Pursuant to Local Rule 73.1. Signed by Executive Committee on 4/9/08. (smm) (Entered: 04/14/2008)
42 MINUTE entry before Judge Honorable Arlander Keys:Pursuant to the telephonic request of the Parties, the status hearing set for 5/5/08 is reset to 5/21/2008 at 09:00 AM.) (ac, ) (Entered: 05/01/2008)
43 MINUTE entry before the Honorable Arlander Keys:Status hearing held. The Parties appeared and informed the Court that they have come to a resolution of this case and submitted to the Court a consent decree. This case is hereby dismissed with prejudice and without costs to either party. (ac, ) (Entered: 05/23/2008)
44 MINUTE entry before the Honorable Arlander Keys: Enter Consent Decree.Mailed notice (vcf, ) (Entered: 05/29/2008)
45 CONSENT DECREE Signed by the Honorable Arlander Keys on 5/21/2008.(vcf, ) (Entered: 05/29/2008)