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1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

17 , 3:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff

CIVIL ACTIO~ ~0.
_.

LESON CHEVROLET COMPANY, INC., Defendant
COMPLAINT AND JURY DEMAND NATURE OF THE ACTION
This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 to correct discriminatory and unlawful employment practices and to provide appropriate relief to Robert H. White ("White") and a class of job applicants harmed by such practices. The Commission alleges that Leson Chevrolet Company, Inc. ("Defendant" or"Leson Chevrolet") failed to hire White as a car salesperson because of his disability, monocular vision. The Commission further alleges that Defendant discriminated against a class of applicants by making unlawful pre-employment disability-related inquiries on its employment application.
JURISDICTION AND VENUE

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12117(a), which incorporates by reference Sections 70~f)(1) and (3)

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of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
2. The unlawful employment practices alleged herein were committed within the judicial district of this Court.
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 I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of the Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).
4. At a 11 relevant times, Defendant has continuously been doing business within the State of Louisiana, and has continuously had at least 15 employees.
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111 (7), which incorporates by reference Sections 701 (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h).
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At all relevant times, Defendant has been a covered entity under Section 101 (2) of the ADA, 42 U.S.C. § 12111(2).
STATEMENT OF CLAIMS 7.
More than thirty (30) days prior to the institution of this lawsuit, White filed a charge with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least October 2003, Defendant has engaged in unlawful employment practices at its location in New Orleans, Louisiana, in violation of Section 102(a) of Title I of the ADA, 42 U.S.C. 12112(a). Defendant rejected White for hire as a car salesperson, because of his disability, monocular vision. White at all relevant times was able to perform the essential job functions of the car salesperson position, with or without reasonable accommodation.
9. Since at least November 2002, Defendant has engaged in unlawful employment practices at its location in New Orleans, Louisiana, in violation of Sections102(a) and (d) of Title I of the ADA, 42 U.S.C. 12112(a) and (d). Defendant asked potential employees unlawful pre-employment disabilityrelated inquiries. Defendant’s employment application reads as follows: "Do you have any physical limitations that preclude you from performing any work for which you are being considered?" and, if yes, "what can be done to accommodate your limitation?"
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10. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
11. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected fights of White and the class of potential employees subjected to unlawful pre-employment disability-related inquiries.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from refusing to employ individuals who are "disabled" within the meaning of the ADA, and from asking disability-related questions during the preemployment stage. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices, including but not limited to training ofDefendant’s supervisory, management, and human resources personnel concerning the requirements of the ADA. C. Order Defendant to make whole White and any individuals harmed by Defendant’s unlawful conduct, alleged herein, by providing appropriate back 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, including but not limited to rightful-place hiring, and front pay, in amounts to be determined at trial.
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D. Order Defendant to make whole White and any individuals harmed by Defendant’s unlawful conduct, alleged herein, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 8 and 9 above, in amounts to be determined at trial.
E. Order Defendant to make whole White and any individuals harmed by Defendant’s unlawful conduct, alleged herein, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices described in paragraphs 8 and 9 above, including but not limited to emotional and mental anguish, pain and suffering, humiliation, loss of enjoyment of life, etc., in amounts to be determined at trial.
F. Order Defendant to pay White and the class of individuals discriminated against by the unlawful conduct described in paragraph 9 above, punitive damages for its malicious and/or reckless conduct, as described herein above, in amounts to be determined at trial.
G. Grant such further legal or equitable relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the Commission hereby requests a jury on all issues raised in the instant Complaint which may be tried by jury.
Respectfully submitted, ERIC S. DREIBAND General Counsel No Bar Roll Number Assigned
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REGISTERED AGENT FOR SERVICE OF PROCESS:
Donald R. Trapp 1501 Westbank Expwy Harvey, Louisiana 700058

JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned
Regional Attorney E.D. Bar Roll No. 15200000
MIClZI~LLE T. BUTLER Supervisory Trial Attorney La. Bar Roll No. 1286
~,enlor hal Attorney No Bar Roll Number EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, LA 70113-9936 Tel: (504) 589-6817 (Main)
(504) 589-3539 (Ebron) Fax: (504) 589-2805 COUNSEL FOR PLAINTIFF, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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 2005 APR 20 pn t!= 36 L0t< i:: TfA G. \"1 H'( TE
CLEm, ~

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT

*

OPPORTUNITY COMMISSION,

Plaintiff

*

VERSUS

*

LESON CHEVROLET COMPANY, INC., Defendant

CIVIL ACTION NO. 05-0844 SECT."B"; MAG.-4

COMPLAINT FOR INTERVENTION NOW INTO COURT, through undersigned counsel, comes Robert White, seeking to intervene in the above captioned and entitled matter, and has contemporaneously filed the within motion to allow the filing of the Complaint of Intervention on the following grounds, to-wit:
1. The above numbered and entitled cause is an action by the United States Equal Employment Opportunity Commission for violations of the Americans with Disabilities Act of 1990, and Title I of the Civil Rights Act of 1991 to correct discriminatory and unlawful employment practices committed by Leson Chevrolet Company, Inc., (hereinafter referred to as "Leson Chevrolet").

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Process
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- CtRmO-ep-_ --_ _-~- Doc, No

2.
Jurisdiction of this Court is proper pursuant to 28 U.S.C. §§ 451, l331, l337, 1343, and l345. The above filed action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which incorporates by reference Sections 705(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.c. § 2000e-5(f)(l) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981a.
3. The above described violations and unlawful employmentpractices resulted from the actions ofLeson Chevrolet against intervenor, Robert White, who sought employmentwith Leson Chevrolet.
4. Intervenor, Robert White, was and is the aggrieved party for which action and prosecution has been made by the U.S. Equal Employment Opportunity Commission.
5. At all relevant times, defendant, Leson Chevrolet, has continuously been doing business within the State of Louisiana, and has continuously had at least fifteen employees.
6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C. § 12111(5), and Section 101(7) ofthe ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(g) and (h).

7. At all relevant times, Defendant has been a covered entity under Section 101 (2) ofthe ADA, 42 U.S.C. § 12111(2).
8. More than thirty days prior to the institution of the lawsuit, intervenor, Robert White, filed a charge with the EEOC alleging violations ofTitle I ofthe ADA by the defendant, Leson Chevrolet. All conditions precedent to the institution of this lawsuit by the EEOC have been fulfilled, and intervenor, Robert White, has pursued the proper administrative processes required herein.
9. Since at least October 2003, defendant, Leson Chevrolet, has engaged in unlawful employment practices at its location in New Orleans, Louisiana, in violation of Section 102(a) of Title I ofthe ADA, 42 U.S.C. § 12112(a). Defendant, Leson Chevrolet, rejected intervenor, Robert White, for hire as a car salesperson, because of his disability, monocular vision. Intervenor, Robert White, at all relevant times was able to perform the essential job functions of the car salesperson position, with or without reasonable accommodation.
10. Since at least November 2002, defendant, Leson Chevrolet, has engaged in unlawful employment practices at its location in New Orleans, Louisiana, in violation of Sections 102(a) and (d) of Title I of the ADA, 42 U.S.C. § 12112(a) and (d). Defendant, Leson Chevrolet, asked potential employees unlawful pre-employment disability-related inquiries. Defendant, Leson Chevrolet's, employment application reads as follows: "Do you have any physical limitations that preclude you from performing work for which you are being considered?" and, if yes, "what can be done to accommodate your limitation?"

11. The unlawful employment practices complained of in paragraphs 8 and 9 above were intentional.
12. The unlawful employment practices complained of in paragraphs 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of intervenor, Robert White, and the class ofpotential employees subjected to unlawful pre-employment disability-related inquiries.
13. Complainant, U.S. Equal Employment Opportunity Commission, has prayed for relief on behalfofthe Commission, and, intervenor, Robert White, is entitled to recover damages as itemized below and shall take precedence and priority over the claims of complainant, and on any judgment of settlement rendered.
14. Intervenor, Robert White, itemizes his damages as back pay and/or wages; front pay and/or wages; past and future pecuniary losses; and past and future non-pecuniary losses including emotional distress, mental anguish, pain and suffering, humiliation, loss of enjoyment of life, all of which damages will be appropriate and sufficient to compensate intervenor in a full amount to be determined by the trier-of-fact.
15. As a result of the malicious and/or reckless and/or intentional conduct of the defendant, Leson Chevrolet, intervenor, Robert White, is entitled to recover punitive damages in an appropriate amount to be determined by the trier-of-fact.

16. Intervenor, Robert White, is also entitled to recover attorneys' fees, all judicial interest, and all legal or equitable relief as this Court deems necessary and proper, as well as all costs incurred in this matter.
17. By the filing of this Complaint of Intervention, intervenor suggests that the progress of the principal action will not be delayed.
18. If intervenor, Robert White, is not allowed to assert his intervention, intervenor, Robert White, will be impaired and/or impeded in his ability to protect his interests.
19. In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, intervenor, Robert White, is entitled to and requests a trial by jury on all issues raised in the complaint and in this intervention. WHEREFORE, premises considered, Intervenor prays that this Complaint of Intervention be filed, and that it thus be permitted to become a party to this suit, and that the United States Equal Employment Opportunity Commission and Leson Chevrolet Company, Inc. be duly cited to appear and answer this Complaint of Intervention, and after all legal delays and due proceedings had, that there be judgment in favor of intervenor and against defendant, Leson Chevrolet, in a full and true sum sufficient to compensate intervenor, Robert White, for all damages prayed for, punitive damages, attorneys' fees, court costs, and judicial interest, and for all general and equitable relief. Intervenor further prays for trial by jury.

Respectfully submitted: .
SHEARMAN-DENENEA, L.L.C.
BY: _ _ _ _ _ _r +_ _~_ _ _ _ _ _ _ _~r-_ DENENEA, JR. (
a I Street, 1st Floor New Orl ans, LA 70119 Telep one: (504) 304-4582 Telecopier: (504) 304-4587 Attorneys for Intervenor, Robert White
AND
Darryl Phillips (#19736) The Cochran Firm, New Orleans 909 Poydras Street, Suite 1580 New Orleans, LA 70112 Telephone: (504) 588-1580 Telecopier: (504) 588-1589

PLEASE SERVE: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Through its attorney of record, Erania Ebron New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, LA 70113-9936
LESON CHEVROLET COMPANY, INC. Through its agent for service of process, Donald R. Trapp 1501 Westbank Expressway Harvey, LA 70058

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
VERSUS
LESON CHEVROLET COMPANY, INC.

CIVIL ACTION
NO. 05-0844 SECTION “B”(4)

ORDER OF DISMISSAL The Court has been advised by c ounsel for the parties that all of the parties to this action have firmly agreed upon a compromise, and assured that they need only to obtain final authority from principals, execute releases and agreements. Accordingly, IT IS ORDERED that this action hereby is DISMISSED, without cost and without prejudice to the right of the parties, upon good caussehown, within sixty (60) days, to seek summary judgment enforcing the com promise if it is not consummated by that tim e. T he Court retains jurisdiction over this action to enforce settlement if not timely consummated or if final settlement authority is not obtained, provided a motion to enforce the settlement or, alternatively, a motion to extend this period is filed within 60 days from entry of this order.
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PARTIES ARE WARNED THAT FAILURE TO TIMEL Y FILE A MOTION TO ENFORCE SETTLEMENT SHALL DIVEST TH IS COURT FROM HAVING SUBJECT MATTER JURISDICTION OVER THE ACT ION. WOOLWINE F ORD LINCOLN MERCURY V. CONSOLIDATED FINANCIAL RESOURCES, INC. , 245 F.3D 791 (5 TH CIRCUIT DECEMBER 27, 2000) (PER CURIAM) (UNPUBLISHED CIVIL ACTION NO. 00-60314). PARTIES ARE FURTHER WARNED THAT FAILURE TO TIMELY CONSUMMATE SETTLEMENT WITHIN THE SIXTY(60) DAY PERIOD SHALL LEAD TO THE IMPOSITION OF SANCTIONS AGAINST THE PARTY( S) FAILING TO COMPLY WITH THIS ORDER.
COUNSEL ARE REMINDED THAT,IF WITNESSES HAVE BEEN SUBPOENAED, EVERY WITNESS MUST BE NOTIFIED BY COUNSEL NOT TO APPEAR.
IT IS FURTHER ORDERED THAT ALL PENDING MOTIONS ARE DISMISSED AS MOOT.
New Orleans, Louisiana, this 31st day of March, 2006.
_______________________________ IVAN L.R. LEMELLE
UNITED STATES DISTRICT JUDGE
2

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

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U.S. EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION,

)

Plaintiff

)

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)

v.

)

)

LESON CHEVROLET COMPANY, INC.,

)

Defendant

)

• LOREnCALEGR.KIHI1'(TE

CIVIL ACTION NO.

~

05-0844

SECTIONB

MAG. 4

CONSENT DECREE
On March 17, 2005, the Equal Employment Opportunity Commission C"the Commission" or the "EEOC") instituted Civil Action Number 05-0844 in the United States District Court for the Eastern District of Louisiana, charging Defendant Leson Chevrolet Company, Inc. ("the Defendant") with violation of Section 102 of Title I of the Americans with Disabilities Act of 1990,42 U.S.C. § 12112 Ca) and Cd), and alleging that the Defendant engaged' in unlawful employment practices by not hiring Intervenor Robert H. White because afhis disability, monocular vision. On April 20, 2005, Intervenor Robert H. White filed a Complaint in Intervention also alleging that the Defendant violated the ADA by not hiring him.
The Commission, Intervenor and the Defendant now wish to resolve all claims and controversies encompassed by this lawsuit without the burden, expense or delay of further litigation, subject, however, to the approval of this Court.

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I

-<\-"'-CIRmDep _ __ Doc. No _ __

THEREFORE, IT IS HEREBY AGREED AMONG THE COMMISSION, INTERVENOR AND THE DEFENDANT, AND ORDERED, ADJUDGED, AND DECREED that:
JURISDICTION AND PROCEDURAL MATTERS 1. This Court has jurisdiction over the subject matter of this lawsuit and over the parties to this lawsuit. 2. The purposes of the ADA will he furthered by the entry of this Decree, the tenns of which constitute a fair and equitable settlement. 3. The negotiation, execution and entry of this Decree will resolve any and all claims of the ADA violation brought by the Commission against the Defendant arising out of Commission Charge Number 270-2004-00456 and this lawsuit, Civil Action Number 05-0844, 4. This Decree relates only to the alleged ADA violations raised or which could have been raised against the Defendant in EEOC Charge Number 270-2004-00456 and this lawsuit. It is expressly acknowledged and agreed by the parties that this Decree does not relate to any other Commission charges. 5. It is further acknowledged by the parties that this Decree resulted from the Commission's detennination in EEOC Charge Number 270-2004-00456 that the Defendant discriminated against Robert H. White in violation of the ADA and the Commission's filing of the instant suit alleging that the Defendant violated the ADA as a result of it not hiring Robert H. White. 6. Neither the negotiation, execution nor entry of this Decree shall constitute an admission by the Defendant that its officers, agents or employees have violated or have not been
2

- --------------------
in compliance with the ADA or with any other applicable law, regulation or order. INDIVIDUAL RELIEF
7. Within thirty (30) days after the entry of this Decree the Defendant shall pay the sum of $ 15,000.00 (" THOUSAND DOLLARS") as damages to Robert H. White for claims that were raised in Commission Charge Number 270-2004-00456 and this lawsuit. The Defendant shall provide contemporaneously to the EEOC's Regional Attorney for the Houston District Office and the New Orleans Field Office with a copy of the damage check for Robert White.
INJUNCTIVE RELIEF
A, ADA COMPLIANCE REQUIREMENTS 8. The Defendant agrees to comply with all requirements of the ADA. The Defendant agrees not to discriminate on the basis of disability in all phases of employment, including recruitment, application, hiring, testing, job assignment, promotion, training, discharge and all terms, conditions or privileges of employment. In accordance With these ADA compliance obligations, the Defendant agrees (i) never to present to an applicant or otherwise use the employment application form "physical record" section language that was presented to, and used by Robert H. White and others when they sought employment with the Defendant; and (ii) ensure that the individual who made the decision not to hire Robert H. White receives and acknowledges the ADA training and ADA policy(ies) that are required by paragraphs 10 and 12 ofthis Decree. The Defendant further agrees not to discriminate or retaliate against any person
3

because of opposition to any practice declared unlawful under the ADA; or because of the filing of a charge, giving oftestimony or assistance; or because'of participation in any manner in any investigation, proceeding, or hearing under the ADA.
B. REPORTING REQUIREMENTS 9. For the duration of this Decree the Defendant agrees to submit through Scott D. Schneider ofthe Fisher & Phillips LLP law finn, or alternatively, through his successor in that finn annual written reports to the EEOC's Regional Attorney for the Houston District Office and New Orleans Field Office, The initial report must be submitted within six (6) months after the entry of this Consent Decree or not later than October 15, 2006. Subsequent annual reports must be submitted on the following dates: September 30. 2007 and September 30, 2008. These
!
reports shall certify the Defendant's compliance with this Decree in accordance with paragraphs 8 and 10 through 12 of this Decree and further provide per annual repQrting period as follows: (i) the identity by name, social security number, last known address and last known telephone numbers of any applicant(s) for any employment with the Defendant who are/were known or regarded as having a disability or a record of a disability under the ADA, (ii) a statement as to whether the applicant(s) was/were conditionally hired, and (iii) a statement as to whether the applicant(s) was/were denied employment after the results of a physical examination.
C. ADA TRAINING REQUIREMENTS 10. The Defendant agrees to conduct, for the duration of this decree, an annual twohour training program about the ADA for its supervisors and managers, which training program and trainer shall be reported to the Commission's Houston District Office and New Orleans Field Office Regional Attorney (hereafter "Regional Attorney") in accordance with the reporting
4

requirements of this paragraph. Each training program shall include the topics of unlawful discrimination against applicants for employment in violation of the ADA, including accommodating individuals during the application process through their employment, and compliance with the ADA in employment decisions and an acknowledgement that the EEOC sued the Defendant for refusing to hire a disabled applicant in violation of the ADA, 42 U.S.C. § 12112(a) and (d), and advising all of Defendant's supervisors and managers about the potential adverse disciplinary consequences, including discharge, for violating the ADA. In providing training about managerial disciplinary actions, the trainer(s) shall explicitly indicate the types of conduct that would warrant tennination. Any supervisor or manager who failed to attend any ADA training program, as mandated by this Decree, shall be required to attend a make-up training program or view a videotape of the entire original training program within two months of the missed program. The initial training program shall be conducted within six (6) months after the entry of this Consent Decree. The Defendant's initial and annual reports to the EEOC's Regional Attorney shall provide the identity(ties) of the ADA trainer(s); all date(s) ADA training occurred; the names and positions of the managers and supervisors who attended the training and make-up training or videotape programs; the signatures of all these same individuals acknowledging their presence at such training programs; and the topics covered during all such programs or a copy of the ADA program outlines, materials or videotapes that were utilized during the training.
D. POSTING REQUIREMENTS 11. In accordance with federal anti-discrimination laws that are enforced by the Commission, the Defendant agrees to post conspicuously the Commission's poster entitled:
5

"Equal Employment Opportunity Is The Law" in prominent and accessible places in its buildings in Harvey, Louisiana where its employees work and where said poster can be readily observed by the Defendant's employees and applicants for employment.
E. ADA POLICY REQUIREMENTS 12. The Defendant agrees to send to the Commission a copy of its policy(ies) prohibiting discrimination in violation of the ADA. In the event that the Defendant does not yet have such a policy, then it will create, implement and send a copy ofsuchpolicy(ies) to the EEOC's Regional Attorney within sixty (60) days after the entry of this Decree. Additionally, the Defendant shall disseminate such policy(ies) to all of its employees; and for the duration of this Decree, it shall certify in its initial and annual reports to the Regional Attorney that it has disseminated such policy(ies) to all of its employees.
DURATION 13. Ibis Consent Decree shall remain in force for two and one·half(2 liz) years after the date of entry of this Decree.
VALIDITY, ENFORCEMENT AND MISCELLANEOUS PROVISIONS 14. Should any provision of this Decree be declared or be detennined by any Court to be illegal or invalid, the validity of the remaining parts, tenns and provisions shall not be affected thereby, and said illegal or invalid part, tenn or provision shall be deemed not to be a part of this Decree. 15. In consideration of the tenns of this Decree ahd the Defendant's obligations hereunder, the Commission and Intervenor agree to file contemporaneously with this Decree a motion to dismiss this suit with prejudice, providing for all parties to bear their own respective
6

attorneys' fees and costs incurred in cOlU1ection with the litigation of this lawsuit.

16. This Court shall retain jurisdiction over this action for the purpose of enforcing

this Decree, if necessary; and any party is empowered to enforce this Decree through the

applicable judicial enforcement procedures.

17. This Decree sets forth the entire agreement between the Commission and the

Defendant which resolves Commission Charge Number 270-2004-00456 and this lawsuit. This

Decree fully supersedes any and all prior agreements or understandings between the Commission

and the Defendant pertaining to Commission Charge Number 270-2004-00456 and this lawsuit.

This Decree cannot be altered by oral agreement between the Commission and the Defendant,

P on' but only by written Court-ordered modification.

aNlies' :10;",t M 0Yl -Th "?i ~ mAH

IT IS SO ORDERED.

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Of~, New Orleans, Louisiana, this21 day

2006.

SUBMITTED AND APPROVED BY:
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
! - t::Z]. 2/~~d~ JIM SACHER Regional Attorney La. Bar Roll No. 14888 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
7

HOUSTON DISTRICT OFFICE Mickey Leland Federal Building 1919 Smith Street 7th Floor Houston, Texas 77002-8049 Tel: (713)-209-3398 Telefax: (713)-209-3402
??/ Z!e N. ELEANOR GRAHAM Senior Trial Attorney La. Bar Roll No. 16946 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans Field Office 1555 Poydras Street, Suite 1900 New Orleans, LA 70112 Tel: (504) 595-2875 (Graham) (504) 589-6817 (Main #) Fax: (504) 589-6861 or 595-2886 COUNSEL FOR PLAINTIFF U.S. EQUAL EMPLOYMENT OPPORTUNITY
CO?SSION
=l{A) JI:L~~
I / SLaC.OBTarTRDo.llSN~;~N2E5I86D6ER.
FISHER & PHILLIPS LLP
20 I st. Charles Avenue, Suite 3710
New Orleans, LA 70170-3710 Telephone: (504) 522-3303 Facsimile: (504) 529-3850 ATTORNEYS FOR DEFENDANT LESON CHEVROLET COMPANY

JO • DENENEA, JR.

La.

oll No. 18861

S

AN-DENENEA, L.L.C.

8

4240 Canal Street, I" Floor New Orleans, LA 70119 Telephone: (504) 304-4582 Telecopier: (504) 304-4587
ATTORNEYS FOR INTERVENOR
ROBERT H. WHITE
AND Darryl Phillips La. Bar Roll. No. 19736 The Cochran Firm, New Orleans 909 Poydras Street, Suite 1580 New Orleans, LA 70112 Telephone: (504) 588-1580 Telecopier: (504) 588-1589
9

 
 LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?469334521004244-L_3...

2000E, CLOSED
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:05-cv-00844-ILRL-KWR

U.S. Equal Employment Opportunity Commission v. Leson Chevrolet Company, Inc. Assigned to: Judge Ivan L. R. Lemelle Referred to: Magistrate Judge Karen Wells Roby Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 03/17/2005 Date Terminated: 03/31/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by Erania Ebron Equal Employment Opportunity Commission New Orleans District Office 701 Loyola Ave. Suite 600 New Orleans, LA 70113 (504) 589-6817 Email: erania.ebron@eeoc.gov TERMINATED: 01/06/2006 LEAD ATTORNEY

Nancy Eleanor Graham Equal Employment Opportunity Commission New Orleans District Office 1555 Poydras St. Suite 1900 New Orleans, LA 70112 (504) 595-2875 Email: nancy.graham@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Robert White

represented by John Denenea, Jr Shearman-Denenea, LLC 4240 Canal St. First Floor New Orleans, LA 70119 504-304-4582 Email: jdenenea@midcitylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 5

6/4/2007 1:08 PM

LAED CM/ECF - Live - Docket Report

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?469334521004244-L_3...

V. Defendant Leson Chevrolet Company, Inc.

represented by Scott David Schneider Fisher & Phillips, LLP 201 St. Charles Ave. Suite 3710 New Orleans, LA 70170 (504) 522-3303 Email: sschneider@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Raul V. Esquivel, III Fisher & Phillips, LLP 201 St. Charles Ave. Suite 3710 New Orleans, LA 70170 504-522-3303 Email: resquivel@laborlawyers.com

Date Filed 03/17/2005
03/17/2005 04/19/2005 04/20/2005 04/20/2005 04/20/2005 05/16/2005 05/18/2005
05/20/2005

#

Docket Text

1 COMPLAINT against Leson Chevrolet Company, Inc. filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lag, ) (Entered: 03/18/2005)
2 Summons Issued as to Leson Chevrolet Company, Inc.. (lag, ) (Entered: 03/18/2005)
3 MOTION to Intervene by Robert White. (lag, ) (Entered: 04/22/2005)
4 ORDER granting 3 Motion to Intervene . Signed by Judge Ivan L. R. Lemelle on 4/19/05. (lag, ) (Entered: 04/22/2005)
5 Intervenor COMPLAINT filed by Robert White.(lag, ) (Entered: 04/22/2005)
6 Summons Issued as to U.S. Equal Employment Opportunity Commission, Leson Chevrolet Company, Inc. (lag, ) (Entered: 04/22/2005)
7 MOTION for Extension of Time to Answer re 1 Complaint by Leson Chevrolet Company, Inc. (lag, ) (Entered: 05/18/2005)
8 ORDER granting 7 Motion for Extension of Time to Answer as to Leson Chevrolet Company, Inc. answer due 6/6/2005. Signed by Judge Ivan L. R. Lemelle on 5/17/05. (lag, ) (Entered: 05/18/2005)
9 SUMMONS Returned Executed; Leson Chevrolet Company, Inc. served on 5/20/2005, answer due 6/9/2005. (caa, ) (Entered: 05/23/2005)

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06/06/2005 06/09/2005 06/21/2005 07/05/2005 07/19/2005 07/19/2005 07/26/2005 08/16/2005
08/22/2005 11/17/2005 11/23/2005
11/23/2005 12/05/2005 01/04/2006 01/06/2006

10 ANSWER to Complaint by Defendant Leson Chevrolet Company, Inc..(lag, ) (Entered: 06/07/2005)
11 ANSWER to Intervenor Complaint by Defendant Leson Chevrolet Company, Inc.(lag, ) (Entered: 06/10/2005)
12 Statement of Corporate Disclosure by Leson Chevrolet Company, Inc. (gec, ) (Entered: 06/22/2005)
13 ORDER Scheduling Conference set for 7/19/2005 01:30 PM. Signed by Judge Karen Wells Roby on 7/1/05.(lag, ) (Entered: 07/05/2005)
14 ORDER - Settlement Conference set for 9/9/2005 02:00 PM before Magistrate Judge Karen Wells Roby. Signed by Judge Karen Wells Roby on 7/19/05.(dno, ) (Entered: 07/20/2005)
15 Minute Entry for proceedings held before Judge Karen Wells Roby : Scheduling Conference held on 7/19/2005. All ptys have not consented to proceed to trial before a Mag Judge pursuant to 28 USC 636(c). (dno, ) (Entered: 07/20/2005)
16 Order Vacating Case Referral to Magistrate Judge; Scheduling Conference set for 8/16/2005 10:30 AM before courtroom deputy by telephone. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 07/26/2005)
17 SCHEDULING ORDER: Final Pretrial Conference set for 3/22/2006 03:00 PM before Judge Ivan L. R. Lemelle. Jury Trial set for 4/10/2006 08:30 AM before Judge Ivan L. R. Lemelle. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 08/16/2005)
18 ORDER Settlement Conference reset for 9/23/2005 02:00 PM before Magistrate Judge Karen Wells Roby. Signed by Judge Karen Wells Roby on 8/17/05.(lag, ) (Entered: 08/22/2005)
19 MOTION to Continue all unexpired deadlines as of 8/29/05, trial date & to set status conference by Leson Chevrolet Company, Inc.. (gbw, ) (Entered: 11/28/2005)
20 ORDER re 19 MOTION to Continue all unexpired deadlines, trial date & to set status conference filed by Leson Chevrolet Company, Inc. Status conference will be set by the courtroom deputy.. Signed by Judge Ivan L. R. Lemelle on 11/22/05.(gbw, ) (Entered: 11/28/2005)
21 ORDER cancelling settlement conference scheduled on 9/23/05 at 2:00 PM. Signed by Judge Karen Wells Roby on 11/21/05.(gbw, ) (Entered: 11/28/2005)
22 NOTICE Scheduling Conference set for 1/25/2006 11:00 AM before courtroom deputy by telephone, by Clerk.(lag, ) (Entered: 12/07/2005)
23 MOTION to Substitute Attorney. Attorney N. Eleanor Graham to be substituted in place of Erania Ebron by U.S. Equal Employment Opportunity Commission. (lag, ) (Entered: 01/09/2006)
24 ORDER granting 23 Motion to Substitute Attorney. Added attorney Nancy Eleanor Graham for U.S. Equal Employment Opportunity Commission. Attorney Erania Ebron terminated . Signed by Judge Ivan L. R. Lemelle on 1/5/06. (lag, ) (Entered: 01/09/2006)

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01/19/2006 01/25/2006
02/24/2006
02/24/2006 03/03/2006 03/03/2006 03/20/2006 03/28/2006 03/31/2006 03/31/2006 03/31/2006 05/26/2006 06/01/2006

25 ORDER Settlement Conference set for 3/28/2006 10:00 AM before Magistrate Judge Karen Wells Roby. Signed by Judge Karen Wells Roby.(lag, ) (Entered: 01/20/2006)
26 SCHEDULING ORDER: Final Pretrial Conference set for 10/12/2006 04:00 PM before Judge Ivan L. R. Lemelle. Jury Trial set for 10/30/2006 08:30 AM before Judge Ivan L. R. Lemelle.. Signed by Judge Ivan L. R. Lemelle. (Attachments: # 1 Pretrial Notice)(lag, ) (Entered: 01/25/2006)
27 MOTION for Leave to File First Amended Answer and Affirmative Defenses to Intervenor's Complaint by Leson Chevrolet Company, Inc. Motion Hearing set for 3/22/2006 11:00 AM before Magistrate Judge Karen Wells Roby. (Proposed Attached)(blg, ) (Entered: 02/27/2006)
28 MOTION for Leave to File amended answer by Leson Chevrolet Company, Inc. (lag, ) (Entered: 03/06/2006)
29 ORDER granting 28 Motion for Leave to File amended answer to pla's cmp. Signed by Judge Ivan L. R. Lemelle. (lag, ) (Entered: 03/06/2006)
30 AMENDED ANSWER to 1 Complaint by Leson Chevrolet Company, Inc. (lag, ) (Entered: 03/06/2006)
31 MOTION to Compel Discovery by Leson Chevrolet Company, Inc. Motion Hearing set for 4/5/2006 11:00 AM before Magistrate Judge Karen Wells Roby. (lag, ) (Entered: 03/21/2006)
32 Minute Entry for proceedings held before Judge Karen Wells Roby : Settlement Conference held on 3/28/2006. The Dist Judge's staff has been notified to enter a dismissal. (car, ) (Entered: 03/29/2006)
33 ORDER DISMISSING CASE. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 03/31/2006)
34 ORDER denying as moot the 31 MOTION to Compel Discovery filed by Leson Chevrolet Company, Inc. . Signed by Judge Karen Wells Roby.(car, ) (Entered: 04/03/2006)
35 ORDER denying as moo 27 MOTION for Leave to File 1st amd answer to Intervenor's cmp filed by Leson Chevrolet Company, Inc. . Signed by Judge Karen Wells Roby.(car, ) (Entered: 04/03/2006)
36 EXPARTE/CONSENT MOTION to Approve and Enter Consent Decree, MOTION to Dismiss Case by Robert White, U.S. Equal Employment Opportunity Commission. (lag, ) (Entered: 06/02/2006)
37 CONSENT DECREE and ORDER granting 36 Motion to Dismiss Case . Signed by Judge Ivan L. R. Lemelle on 5/31/06. (lag, ) (Entered: 06/02/2006)

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