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'r-I Vr.1 ;-,1;[1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF 01110
EASTERN DIVISION

EQUAL El\IPLOY;\IENT OPPORTUNITY COl\IMISSION,
Plaintiff,
v.
AUTONATION,d/b/a l\IULLINAX FORD NORTH CANTON
Defendant.

)

CIVIL ACTION NO.

) )

5:06CV1972

)

)

)

)

COl\IPLAINT AND

)

JURY TRIAL DEI\IAND

)

) )

JUDGE ADAMS

)

)

)

MAG. JUDGE GALLAS

)

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, as amended, (42 V.S.c. §2000e. et seq), (''Title VII") and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race. Black, and retaliation for having engaged in activity protected by Title VII, and to provide appropriate relief to Avery Williams and similarly situated individuals who were adversely affected by such practices.

From at least November of2004 until July 9, 2005, when he was constructively discharged, Avery Williams was harassed and subjected to different terms and conditions of employment because of his race, Black, and in retaliation for his having complained of this illegal treatment, as explained more fully in Paragraphs 7 and 8, herein below.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706(t) (1) and (3) of Title VII of the Civil Rights Act of 1964. as amended, 42 U.S.c. §2000e-5(t)( 1) and (3) ("Title VII"), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981 a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District COUIt for the Northem District of Ohio. Eastern Division.
PARTIES
3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the Agency of the United States of America charged with the administration. interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(t) (1) and (3) of Title VII, 42 U.S.c. § 2000e-5(t)(l) and (3). 4. At all relevant times. Defendant Employer, AutoNation Corporation USA d/b/a Mullinax Ford North Canton, has continuously been a Florida corporation doing business in the State of Ohio and City ofNOIth Canton, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42
2

U.S.c. § 2000e (b), (g) and (h).

STATEIV(ENT OF CLAIl\lS

6. More than thirty days prior to institution ofthis lawsuit, Avery Williams filed a charge with

the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent

to the institution of this lawsuit have been fulfilled.

7.

Since at least November of 2004, Defendant Employer has engaged in unlawful

employment practices at its North Canton, Ohio, facility in violation ofSection 703(a)( I) ofTitle VI I,

42 U.S.c. §2000e-2 (a)(1). The alleged unlawful practices include, but are not limited to:

a) Defendant Employer hired Avery Williams in May of2004 as a Used Car Salesperson.

b) Following his hire, Mr. Williams was subjected to race based verbal and physical

harassment by his managers.

c) In or about March of2005, Mr. Williams was grabbed by the collar and dragged through

the dealership by a manager and berated in front of co-workers and customers.

d) Mr. Williams was told by a manager that ifhe "bleached his skin like Michael Jackson"

he could sell more cars.

e) Managers at Defendant's facility frequently made derogatory comments about African

American customers.

f) The racially hostile environment had an effect on other employees as well.

g) Managers placed a monkey around the neck of an African American employee during

a sales meeting. No other employee had a monkey placed around hislher neck.

h) Racially offensive epithets were used by managers during company staff meetings.

8.

Since at least May of2005, Defendant has engaged in unlawful retaliation in violation of

Section 704(a) ofTitle VII, 42 U.S.c. §2000e-3. The unlawful practices include, but are not limited

3

to the following: a) After Mr. Williams filed a charge of discrimination in May of2005, he was subjected
to a pattern of severe and pervasive retaliation. The retaliation consisted of, among other things. being treated differently than white salespersons with respect to the assignment of customers, the handling of sales and commissions and being unfairly disciplined.
b) The harassment was so severe that it had the effect of interfering with his employment income and made his working conditions intolerable, leading to Mr. Williams' constructive discharge from employment with Defendant. 9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Avery Williams and similarly situated employees of equal employment opportunities and otherwise adversely affect their status as employees due to impermissible considerations of race, and due to Mr. Williams' participation in activities protected by Title VII. 10. The unlawful practices complained of above were intentional. II. The unlawful employment practices complained of above were undertaken with malice and/or reckless indifference to the federally protected rights of Avery Williams and a class of aggrieved individuals.
PRAYER FOR RELIEF \VHEREFORE, the Conm1ission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer. its officers, successors, assigns and all persons in active concert or participation with it, from discriminating against individuals by the implementation of practices and policies which discriminate on the basis of race. Black and in retaliation for having engaged in activities protected by Title VII. B. Order Defendant Employer to institute and carry out policies, practices and programs
4

which provide equal employment opportunities for Black employees and persons who have availed themselves of Title VII protected activities and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employer to institute and carry out a complaint procedure which
encourages employees to come forward with complaints regarding violations of Title VII and/or of
its policies against discrimination. harassment and retaliation. D. Order Defendant Employer to institute and carry out a training program which shall
promote supervisor accountability imposing on all managers and supervisory personnel a duty to actively monitor their work areas to ensure compliance with Title VII and/or Defendant's policies on non-discrimination and anti-retaliation; and requiring all managers and supervisors to report any incidents and/or complaints of harassment or ethnic intimidation and/or retaliation of which they become aware to the person or department at Defendant charged with handling such complaints.
E. Order Defendant Employer to make whole Avery Williams and any aggrieved individuals by providing appropriate backpay and frontpay as appropriate with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
F. Order Defendant Employer to make whole Avery Williams and any aggrieved individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 through 8 above, including but not limited to out of pocket losses.
G. Order Defendant Employer to make whole Avery Williams and any aggrieved individuals by providing compensation for non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 through 8, above, including emotional pain, suffering, loss of
5

enjoyment of life and humiliation, in amounts to be proven at trial. H. Order Defendant Employer to pay Avery Williams and any aggrieved individuals
punitive damages for its malicious and reckless conduct described in paragraphs 7 through 8, above, III amounts to be determined at trial.
I. Grant such further relief as the Court deems necessary and proper in the public interest. J. Award the Commission its costs in this action.

JURY TRIAL DEr\lAND The Commission requests a jury trial on all questions of fact raised by its complaint.

Respectfully submitted.

RONALD S. COOPER
GENERAL COUNSEL

JAMES L. LEE
DEPUTY GENERAL COUNSEL

GWENDOLYN YOUNG REAMS

ASSOCIATE GENERAL Co UNSEL

\~ s ington, D.C.

\ ~

(tY)JL-

egional Attorney Philadelphia District Office Philadelphia. PA 19106
(JJ~ ...,
CLARlYwlHs N
Associate Regional Attorney Registration No. 0031443 larry.watson({ileeoc.gov

6

OrJllr.a.. fJJJlfMb-, ~(}};.ka.~
DONNA WILLIAMS-ALEXANDER
Senior Trial Attorney Registration No. 0037838 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Cleveland Field Office Anthony J. Celebrezze Office Building 1240 East Ninth Street Suite 3001 Cleveland, Ohio 44199 (216) 522-7454 (216) 522-7430 fax donna. wi lliams-alexander@eeoc.gov
7

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

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, et al.

)

)

Plaintiffs,

)

)

v.

)

)

)

)

MULLINAX FORD NORTH CANTON, INC. )

d/b/a MULLINAX FORD NORTH CANTON, )

)

)

Defendant.

)

)

)

CIVIL ACTION NO. 5:06CV1972
JUDGE ADAMS
PLAINTIFF EEOC’S AMENDED COMPLAINT W/JURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as am ended, (42 U.S.C. §2000e, et seq), (“T itle VII”) and T itle I of th e Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race, Blac k, and retaliation for having engaged in ac tivity protected by Title VII, and to provide appropriate relief to Avery Williams and similarly situated individuals who were adversely affected by such practices.

1

JURISDICTION AND VENUE 1. Jurisdiction of this C ourt is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) and 704(a) of Title VII of the Civil Rights Act of 1964, as a mended, 42 U.S.C. §2000e-5(f)(1) and (3) (“Title VII”), and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices a lleged to be un lawful were co mmitted within the jurisdiction of the United Sta tes District Court for the Northe rn District of Ohio, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employm ent Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is exp ressly authorized to bring this action by Section 706(f) (1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relev ant times, Defendant Em ployer, Mullinax Ford North Canton, Inc. d/b/a Mullinax Ford North Canton, has continuously been an Ohio corporation doing business in the State of Ohio and City of North Canton, and has continuously had at least 15 employees. 5. At all relevant tim es, Defendant Em ployer has continuously been an em ployer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. § 2000e (b), (g) and (h).
2

STATEMENT OF CLAIMS 6. More than thirty days prior to institution of this lawsuit, Avery Williams filed a charge with the Commission a lleging violations of Title VII by Def endant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least May of 2004, Defendant Em ployer has engaged in unlawful employment practices at its North Canton, Ohio, facility in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2 (a)(1). The alleged unlawful practices include, but are not limited to:
a) Defendant Employer hired Avery W illiams in May of 2004 as a Used Car Salesperson.
b) Following his hire, Mr. Williams was subjected to race based verbal and physical harassment by his managers.
c) In or about March of 2005, Mr. W illiams was grabbed by the collar and dragged through the dealersh ip by a m anager and be rated in front of coworkers and customers.
d) Mr. Williams was told by a m anager that if he “bleach ed his skin like Michael Jackson” he could sell more cars.
e) Managers at Defendant’s fac ility made derogatory comments about African American customers.
f) The racially hostile environment had an effect on other employees as well. g) Managers placed a m onkey around the neck of an African Am erican
employee during a sales meeting. No other employee had a monkey place around his/her neck.
3

h) Racial epithets were used by managers during company meetings. 8. Since at least May of 2005, Defendant has engaged in unlawful retaliation in violation of Section 704(a) of Title VII. The unlawful practices include, but are not limited to the following:
a) After Mr. Williams filed a charge of discrimination in May of, 2005, he was subjected to a pattern of severe and pervasive retaliation. The retaliation consisted of, among other things, being treated differently than white salespersons with respect to the assignment of customers, the handling of sales and commissions and being unfairly disciplined.
b) The harassm ent was so severe that it had the effect of interfering with his employment income and made his working conditions intolerable, leading to Mr. Williams’ constructive discharge from employment at Defendant.
9. The effect of the practice(s) complained of in paragraphs 7 and 8 above has been to deprive Avery Williams and similarly situated employees of equal employm ent opportunities and otherwise adversely affect their status as em ployees due to im permissible considerations of race, and due to Mr. Williams’ participation in activities protected by Title VII.
10. The unlawful practices complained of above were intentional. 11. The unlawful employment practices complained of ab ove were undertaken with malice and/or reckless indifference to the federally protected rights of Avery Williams.
4

PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a perm anent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or part icipation with it, from discrim inating against individuals by the im plementation of practices and policies which discriminate on the basis of race, Black and in retaliation for having engaged in activities protected by Title VII. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employm ent opportunities fo r African Am ericans and persons who have availed themselves of Title VI II protected activities and which erad icate the ef fects of its past and present unlawful employment practices. C. Order Def endant Employer to m ake whole Avery W illiams and any aggrieved individuals by providing appropr iate back pay and front pay with prejudgm ent interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to m ake whole Avery Williams, and by prov iding compensation for past and future pecuniary lo sses resulting from the unlawful em ployment practices described in paragraphs 7 through 8 a bove, including but not lim ited to out of pocket losses. E. Order Def endant Employer to m ake whole Avery W illiams by providing compensation for non-pecuniary losses resulting fr om the unlawful practices com plained of in paragraphs 7 through 8, above, including emotional pain, suffering, loss of enjoyment of life and humiliation, in amounts to be proven at trial.
5

F. Order Def endant Employer to pay Aver y Williams and any ag grieved individuals punitive damages for its m alicious and reckles s conduct described in paragraphs 7 through 8, above, in amounts to be determined at trial.
G. Grant such further relief as the Cour t deems necessary and proper in the public interest.
H. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all qu estions of fact raised b y its Am ended Complaint.
Respectfully submitted,
/s/ Donna L. Williams-Alexander Donna L. Williams-Alexander Senior Trial Attorney Registration No. 0037838 Donna.williams-alexander@eeoc.gov EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Cleveland Field Office Anthony J. Celebrezze Office Building 1240 East Ninth Street, Suite 3001 Cleveland, Ohio 44199 (216) 522-7454 (216) 522-7430 fax donna.williams-alexander@eeoc.gov
6

CERTIFICATE OF SERVICE
I certify that on April 13, 2007, EEOC’s Amended Complaint was served upon the following counsel of record by operation of the U.S. District Court, Northern District of Ohio’s electronic case filing system:
Abby K. Lill Neal Shapero Shapero & Roloff 1350 Euclid Avenue, Suite 1550 Cleveland, Ohio 44115 alill@shaperoroloff.com nshapero@shaperoroloff.com
Robert E. Dezort Robert C. Pivonka, II Millisor & Nobil 9150 South Hills Blvd., Suite 300 Cleveland, Ohio 44147-3599 rdezort@millisor.com rpivonka@millisor.com

Donna

/s/ Donna L. Williams-Alexander L. Williams-Alexander

7

 
 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
MULLINAX FORD NORTH CANTON, INC. d/b/a MULLINAX FORD NORTH CANTON.,
Defendant.

) CASE NO.: 5:06cv1972 ) ) JUDGE JOHN R. ADAMS ) ) ) JOINT STIPULATED PROTECTIVE ) ORDER ) ) ) )

Plaintiff United States Equal Employment Opportunity Commission ("Plaintiff') and Defendant Mullinax Ford Nmih Canton, Inc. d/b/a Mullinax Ford North Canton ("Defendant") (collectively, the "Patiies") desire to facilitate discovery in this matter while preserving the confidentiality of the certain confidential and/or proprietary infotmation as defined herein and, therefore, request that the Couti adopt this Joint Stipulated Protective Order. Pursuant to Rule 26 and Rule 29 of the Federal Rules of Civil Procedure, it is, therefore, agreed hy and between Plaintiff and Defendant, and hereby ORDERED, ADJUDGED, and DECREED, by this Court, that:
1. This Joint Stipulated Protective Order (the "Order") governs the handling of all documents, testimony and other iufmmation, including all copies, excerpts and sunnnaries thereof, defmed below as "Confidential Material," and produced, given or filed during discovety and other proceedings in this action.
2. The following documents and infmmation produced by Defendant in this lawsuit shall be Confidential Material subject to this Order and shall not be used except in connection with the trial or preparation for trial of this case as authorized by this Order:

(a) any personnel documents and infmmation relating to existing employees or former employees of Defendant, including, but not limited to, information contained in their personnel files and payroll infmmation; (b) any documents and infmmation pertaining to Defendants' customers, vendors, or suppliers; (c) any documents pertaining to Defendant's prices; and (d) any documents and infotmation that Defendant believes in good faith contain sensitive information such as commercial, fmancial, or proprietary business infmmation relating to Defendant's business.
3. All Confidential Material produced by Defendant may be inspected only by Plaintiff, counsel of record for Plaintiff, the representatives, paralegals and clerical employees of Plaintiff's counsel, designated persons retained by Plaintiff to furnish expett services or advice or to give expert testimony in this action, Plaintiffs charging witness, Avery Williams ("Williams"), any other individual on whose behalf Plaintiff is prosecuting this action, and deposition witnesses produced pursuant to notice, subpoena, or by agreement of counsel. Notwithstanding the foregoing, Plaintiff, designated persons retained by Plaintiff to furnish expert services or advice or to give expett testimony in this action, Williams, any other individual on whose behalf Plaintiff is prosecuting this action and deposition witnesses shall not inspect or review any Confidential Material tmless and until they have signed the attached Statement prior to reviewing the Confidential Material. Any additional disclosure of Confidential Material shall take place only pursuant to agreement of counsel, or, absent agreement, pursuant to an order of this Comt upon motion duly made. Nothing herein shall preclude or prevent Defendant from using its own Confidential Material for any purpose in any fashion.
4. Confidential Material shall be designated as follows: (a) With regard to docmnents, the designation shall be made by placing the
legend "Confidential" on the pages of any such document prior to the production of the document( s).
2

(b) With regard to deposition transcripts and any document used dm"ing a deposition including, but not limited to, any document marked as an exhibit during a deposition, the designation can be made by Defendant, no later than 15 business days after receipt of the deposition transcript or the en!ty of this Order, whichever is later, by providing written notice to Plaintiffs counsel that all or any pmtion of the deposition transcript, including any exhibit thereto, be designated as "Confidential Material" under the terms of this Order. Prior to the expiration of this 15-day period, all transcripts and the infmmation contained therein, in whatever fmm, shall be deemed to be "Confidential Material" under the terms of this Order. All copies of deposition u·ansct'ipts that contain Confidential Material shall be prominently marked "Confidential" on the cover thereof.
5. Plaintiff shall not be obligated to challenge the propt'iety of a designation of information as Confidential Material by Defendant under this Order at the time made, and failure to do so shall not preclude a subsequent challenge thereto. If Plaintiff disagrees at any stage of the proceedings with such a designation, Plaintiff shall provide to Defendant written notice of its disagreement. The Parties shall first try to dispose of such dispute in good faith on an infotmal basis. If an agreement cannot be reached regarding the dispute, then Plaintiff must request, in writing, that the challenged material designated as Confidential Material be released from the requirements of this Order. Defendant must thereafter move the Court for a ruling on the continued application of this Order to such Confidential Material within 14 days from Defendant's counsel's receipt of the written request that certain materials designated as Confidential Material be released from the requirements of this Order, or such longer time as the Parties may agree to in writing. If Defendant does not move the Court for a ruling during this time period, then the documents or materials covered by the written demand shall not be deemed Confidential Material under this Order. If such motion is made, this Order will continue to apply to such Confidential Material until the Court rules on the Motion, at which time the Court's
3

ruling will control. Defendant shall have the burden of demonstrating that the infmmation has been properly designated as protected.
6. The termination of proceedings in this action shall not relieve any person to whom Confidential Material has been disclosed from the obligations of this Order, unless the Court orders otherwise. Within 30 days after the entty of the final award or judgment in this litigation, including appeals or petitions for review, Plaintiffs counsel shall return all copies of Confidential Material received hereunder to Defendant's counsel. With respect to any notes, summaries, digests and synopses of Confidential Material prepared by Plaintiffs counsel, such materials need not be returned to Defendant in accordance with this provision, but the same shall be subject to this Order both during the pendency ofthis litigation and after a fmal award or judgment entered herein.
7. In the event that any Confidential Material is used in any Comt proceeding herein, it shall not lose its confidential status tln-ough such use, and Plaintiff shall take such steps reasonably required to protect its confidentiality dming such use. All documents encompassed by the tetms of this Order shall be submitted to the Court's chambers under seal, and any and all references to such docmnents in any motion or memoranda shall identify the documents as presented under seal.
8. Nothing herein shall preclude either patty from seeking and obtaining, upon an approptiate showing, additional protection with respect to the confidentiality of documents or other discovery material.
9. Nothing contained herein shall prejudice the right of either party to object to the admissibility of the Confidential Matetial subject to this Order or any reason permissible under applicable law. Plaintiff does not waive any ptivilege or objection which it may have regarding these Confidential Matetials in agreeing to this Order. Defendant similarly does not waive any ptivilege or objection which it may have regarding these Confidential Materials in agreeing to this Order.
4

September 20, 2007

s/ John R. Adams UNITED STATES DISTRICT COURT

STATEMENT OF PERSON TO WHOM ACCESS HAS BEEN GNEN TO REVIEW CONFIDENTIAL INFORMATION
The undersigned states tha!,5he has read the Protective Order in the case of Equal Employment Opportunity Commission v. Mullinax Ford North Canton, hzc. d/b/a Mullinax Ford North Canton, United States District Comt for the Northern District of Ohio, Case No. 5:06cvl972 ("Protective Order"), and that in return for the right to have access to the Confidential Materials in that case as defined in paragraph 1 of the Protective Order, acknowledges that he or she has been provided with, has reviewed and understands the Protective Order, that he or she agrees to comply with the terms of the Protective Order, and that he or she submits to the personal jurisdiction of the United States District Court for the Northern District of Ohio for the purpose of enforcement of the Protective Order.
By: :)1v,\Nl_ W, \~~o.w<s ·· A!'f yeo.!'(;,~
Name~·t~\""- L.l\J·, t\; ~1M';· f\(f\(uvc(.o.y--
(Type or Print Name)
Date:_-----',~"-._1---'--'_--'---0-'l_ _ _ __
6

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, et al.,

)

)

PlaintiffS,

)

)

vs.

)

)

AUTONATION,

)

)

Defendant.

)

)

CASE NO. 5:06CV1972 JUDGE JOHN R. ADAMS
ORDER [Resolving Doc. 80]

This matter comes before the Court on Defendant’s Motion for Summary Judgment on

Plaintiff’s claims under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq.) and

Title I of the Civil Rights Act of 1991. Plaintiff timely opposed Defendant’s motion.

The Court, having been advised, concludes that Plaintiff has met its burden of

establishing a genuine issue of material fact on all claims. For that reason, Defendant’s Motion

for Summary Judgment is DENIED in its entirety.

IT IS SO ORDERED.

DATED: February 4, 2008

s/ John R. Adams UNITED STATES DISTRICT JUDGE

 
 Northern District of Ohio

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?273806288356584-L_9...

Protect, Cat03, Gallas, Standard, Termed
U.S. District Court Northern District of Ohio (Akron) CIVIL DOCKET FOR CASE #: 5:06-cv-01972-JRA

Equal Employment Opportunity Commission v. Mullinax Ford North Canton, Inc. Assigned to: Judge John R. Adams Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/17/2006 Date Terminated: 04/21/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by C. Larry Watson U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7455 Fax: 216-522-7430 Email: larry.watson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna L. Williams-Alexander U.S. Equal Employment Opportunity Commission - Cleveland 3001 AJC Federal Bldg. 1240 East Ninth Street Cleveland, OH 44199 216-522-7454 Fax: 216-522-7430 Email: Donna.Williams-Alexander@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jacqueline McNair U.S. Equal Employment Opportunity Commission - Philadelphia Ste. 400 21 South Fifth Street Philadelphia, PA 19106 LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 10

4/22/2008 1:36 PM

Northern District of Ohio
Plaintiff/Intervenor Avery Williams
V. Defendant Mullinax Ford North Canton, Inc. doing business as Mullinax Ford North Canton
Mediator
2 of 10

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?273806288356584-L_9...
represented by Abby L. Botnick Shapero & Roloff Ste. 1550 1350 Euclid Avenue Cleveland, OH 44115 216-781-1700 Fax: 216-781-1972 Email: abotnick@shaperoroloff.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Neal E. Shapero Shapero & Roloff Ste. 1550 1350 Euclid Avenue Cleveland, OH 44115 216-781-1700 Fax: 216-781-1972 Email: nshapero@shaperoroloff.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Robert E. Dezort Millisor & Nobil - Cleveland Ste. 300 9150 South Hills Blvd. Cleveland, OH 44147 440-838-8800 Fax: 440-838-8805 Email: rdezort@millisor.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert C. Pivonka, II Rolf & Goffman 350 Corporate Circle 30100 Chagrin Blvd. Pepper Pike, OH 44124 216-514-1100 Email: pivonka@rolfgoffman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
4/22/2008 1:36 PM

Northern District of Ohio

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?273806288356584-L_9...

Ronald H. Isroff Mediator TERMINATED: 06/08/2007

represented by Ronald H. Isroff Ulmer & Berne - Cleveland 1100 Skylight Office Tower 1660 West Second Street Cleveland, OH 44113 216-583-7024 Fax: 216-583-7025 Email: risroff@ulmer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/17/2006 08/17/2006 08/23/2006 09/13/2006 09/21/2006 09/28/2006
09/29/2006
10/06/2006
10/06/2006

# Docket Text
1 Complaint with jury demand against AutoNation. Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(R, Sh) (Entered: 08/17/2006)
Random Assignment of Magistrate Judge Gallas, pursuant to Local Rule 3.1. (R, Sh) (Entered: 08/17/2006)
2 Motion to intervene as a plaintiff Instanter filed by Avery Williams. (Attachments: # 1 Exhibit A: Complaint of Intervenor)(Shapero, Neal) Modified docket text on 8/25/2006 (R, N). (Entered: 08/23/2006)
3 Unopposed Motion for extension of 09/15/06 deadline to respond to Avery Williams' Motion to Intervene until 09/29/06 filed by AutoNation. (Dezort, Robert) (Entered: 09/13/2006)
4 Marginal entry order granting defendant's 3 Motion to Extend Deadlines; Response to non-party's motion to intervene is due 9/29/06. Signed by Judge John R. Adams on 9/21/06.(K, Chr) (Entered: 09/21/2006)
5 Unopposed Motion for extension of 9/29/2006 deadline to respond to Avery Williams' Motion to Intervene until 10/6/2006 filed by AutoNation. (Attachments: # 1 Exhibit 1 - letter from Attorney Dezort to Attorney Shapero)(Dezort, Robert) (Entered: 09/28/2006)
6 Marginal Entry Order granting Defendant's Motion for enlargement of time until 10/6/06 within which to serve its memorandum in oppostion to non-party Avery Williams' motion to intervene (Related document 5 ). Signed by Judge John R. Adams on 09/29/2006.(K, K) Modified docket text on 10/3/2006 (R, N). (Entered: 09/29/2006)
7 Motion for Order to Compel Arbitration and/or to Stay Proceedings filed by AutoNation. (Attachments: # 1 Memorandum in Support# 2 Exhibit 1 Declaration of Jonathan Andrews# 3 Exhibit 2 - Letter to counsel# 4 Exhibit 3 Unreported decisions)(Dezort, Robert) Modified on 10/11/2006, contacting the attorney regarding two part motions (R, N). (Entered: 10/06/2006)
8 Memorandum in Opposition to Motion to intervene as a party Instanter filed by AutoNation. Related document(s) 2 . (Attachments: # 1 Exhibit 1 - Declaration of Jonathan Andrews# 2 Exhibit 2 - Unreported decisions# 3 Exhibit 3 - EEOC Brief

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10/12/2006 10/17/2006 10/19/2006
10/23/2006 11/03/2006 11/03/2006 11/03/2006 11/03/2006 11/17/2006 12/07/2006 12/12/2006 12/14/2006 12/20/2006
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in Jefferson Dental Clinics# 4 Exhibit 4 - EEOC Brief in Pinnacle Nissan# 5 Exhibit 5 - EEOC Brief in Joslin Dry Goods)(Dezort, Robert) Modified docket text on 10/11/2006 (R, N). (Entered: 10/06/2006)
9 Unopposed Motion for extension of Responses to Motion to Compel Arbitration & Brief In Opposition To Motion To Intervene until November 3, 2006 filed by Avery Williams. (Shapero, Neal) (Entered: 10/12/2006)
10 Answer to Complaint (Related Doc # 1 ) filed by AutoNation. (Dezort, Robert) Modified docket text on 10/18/2006 (R, N). (Entered: 10/17/2006)
11 Marginal Order granting (Related document 9 ) Motion to Extend Deadlines; Ordered that Avery Williams' time extended to 11/3/06 in which to respond to defendant's brief in opposition to intervention and defendant's motion to compel arbitration . Signed by Judge John R. Adams on 10/19/06.(E, S) Modified docket text on 10/24/2006 (R, N). (Entered: 10/19/2006)
Notice by Clerk that AutoNation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (R, N) (Entered: 10/23/2006)
12 Amended Answer to Complaint (Related Doc # []) filed by AutoNation. (Dezort, Robert) Modified docket text on 11/6/2006 (R, N). (Entered: 11/03/2006)
13 Corporate Disclosure Statement filed by AutoNation. (Dezort, Robert) (Entered: 11/03/2006)
14 Opposition to Motion for Order to Compel Arbitration and/or to Stay Proceedings and Reply to Defendant's Brief Opposing Williams' Motion to Intervene filed by Avery Williams. Related document(s) 7 . (Attachments: # 1 Affidavit of Avery Williams)(Shapero, Neal) (Entered: 11/03/2006)
15 Reply to response to Motion to intervene as a party Instanter filed by Avery Williams. Related document(s) 2 . (Attachments: # 1 Affidavit of Avery Williams)(Shapero, Neal) (Entered: 11/03/2006)
16 Reply to response to Motion for Order to Compel Arbitration and/or to Stay Proceedings filed by AutoNation. Related document(s) 7 . (Attachments: # 1 Unreported Decisions)(Dezort, Robert) (Entered: 11/17/2006)
17 Notice of Hearing. Status Conference set for 12/20/2006 at 09:00 AM before Honorable John R. Adams. Counsel and party representatives to attend, including intervener. (K, Chr) (Entered: 12/07/2006)
18 Motion for leave to have client representative participate in Status Conference scheduled for 12/20/06, via telephone filed by AutoNation. (Pivonka, II, Robert) Modified docket text on 12/14/2006 (R, N). (Entered: 12/12/2006)
19 Marginal entry order granting defendants' motion for representatives to attend the status conference by phone (Related Doc # 18 ). Representatives to initiate conference call to the court. Signed by Judge John R. Adams on 12/14/06.(K, Chr) Modified text on 12/14/2006 (K, Chr). (Entered: 12/14/2006)
Minutes of proceedings [non-document].Status Conference held on 12/20/06 before Judge John R. Adams. (1 hr.) (Court Reporter None.) (K, Chr) (Entered: 12/21/2006)
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Northern District of Ohio
12/27/2006 12/27/2006
01/10/2007 01/11/2007 01/23/2007 01/24/2007 01/26/2007 02/21/2007
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20 Order granting Intervenor's motion to intervene as a party (Related Doc # 2 ) and granting defendant AutoNation's motion to compel arbitration of claims (Related Doc # 7 ). Signed by Judge John R. Adams on 12/27/06.(K, Chr) Modified text on 12/28/2006 (K, Chr). (Entered: 12/27/2006)
21 Case Management Conference Scheduling Order with case management conference to be held on 1/26/2007 at 02:00 PM in conference room #588 before Honorable John R. Adams. Signed by Judge John R. Adams on 12/27/06. (Attachments: # 1 Report of Parties# 2 Rule 30.1# 3 Consent to Magistrate Judge# 4 Budget# 5 Policy & Procedure Manual)(K, Chr) (Entered: 12/27/2006)
22 Motion for leave to have client representative participate in case management conference scheduled for 1/26/07, via telephone filed by AutoNation. (Pivonka, II, Robert) Modified docket text on 1/11/2007 (R, N). (Entered: 01/10/2007)
23 Marginal Entry Order granting Defendant's Motion for Leave. Party representative to call the Court at the designated time (Related Doc # 22 ). Signed by Judge John R. Adams on 01/11/2007.(K, K) (Entered: 01/11/2007)
24 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge, filed by all parties. (Dezort, Robert) Modified docket text and added party filers on 1/25/2007 (R, N). (Entered: 01/23/2007)
25 Notice of Service of Defendant's Rule 26(a)(1) Voluntary Initial Disclosures filed by AutoNation. (Pivonka, II, Robert) (Entered: 01/24/2007)
Minutes of proceedings [non-document].Case Management Conference held on 1/26/07 before Judge John R. Adams. (45 mins.) (Court Reporter None.) (K,C) (Entered: 01/29/2007)
26 Case Management Conference Order setting the track as standard; Initial discovery due 5/1/07 with the discovery cut-off date of 9/15/07; Pleadings to be amended by 5/15/07; Case referred to mediation; A Status Conference is set for 6/15/2007 at 09:00 AM before Hon. John R. Adams with counsel and parties to attend in conference room #588. Dispositive motions due 10/15/07. Signed by Judge John R. Adams on 2/21/07.(K,C) (Entered: 02/21/2007)
27 Order of Referral to ADR for mediation. Signed by Judge John R. Adams. ADR process to be completed by 5/31/2007. (K,C) (Entered: 02/21/2007)
28 List of potential neutrals sent to parties. Neutral selection due by 3/5/2007. Mediation conference to be scheduled on or before 5/31/2007. Report of Mediator to be manually filed with the ADR Administrator no later than 6/11/2007. Mediation process to be completed by 6/11/2007 (Related document(s) 27 ). (Attachments: #(1)-Neutral List). (N, P) (Entered: 02/23/2007)
29 Notice of Service of Discovery Requests filed by AutoNation. (Dezort, Robert) (Entered: 03/01/2007)
30 Agreed Mediation Ranking Information Sheet Filed by Equal Employment Opportunity Commission(Related document(s) 28 Notice of Referral to ENE/Mediation - List of potential neutrals sent to parties, )(Williams-Alexander, Donna) (Entered: 03/02/2007)

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03/07/2007 03/07/2007 03/08/2007 03/08/2007 03/12/2007 03/12/2007 03/13/2007
04/13/2007 04/13/2007 04/17/2007 04/25/2007 05/16/2007 05/16/2007 05/18/2007 06/06/2007 06/08/2007
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31 Notice sent to the first potential neutral, re: conflict request. Neutral Conflict Response due by 3/12/2007 (Related document(s) 30 ). (N, P) (Entered: 03/08/2007)
32 Notice sent to the second potential neutral, re: conflict request. Neutral Conflict Response due by 3/12/2007 (Related document(s) 30 ). (N, P) (Entered: 03/08/2007)
33 Notice sent to the third potential neutral, re: conflict request. Neutral Conflict Response due by 3/12/2007 (Related document(s) 30 ). (N, P) (Entered: 03/08/2007)
34 Notice received from the first potential neutral, re: conflict. Neutral available: No (Related document(s) 31 ). (N, P) (Entered: 03/08/2007)
35 Notice received from the second potential neutral, re: conflict. Neutral available: Yes (Related document(s) 32 ). (N, P) (Entered: 03/12/2007)
36 Notice received from the third potential neutral, re: conflict. Neutral available: Yes (Related document(s) 33 ). (N, P) (Entered: 03/12/2007)
37 Notice of Designation of Mediator. Mediator advised to schedule mediation conference on or before 5/31/2007. Report of Mediator to be manually filed iwth the ADR Administrator no later than 6/11/2007. REPORT OF MEDIATOR FORM ATTACHED TO THE NOTICE OF DESIGNATION. Mediator to schedule mediation conference and FILE ELECTRONIC NOTICE setting forth the date, time and location of the mediation conference. Mediation process to be completed by 6/11/2007. Designated Neutral: Ronald H. Isroff (Related document(s) 35 , 27 ). (N, P) (Entered: 03/13/2007)
38 Notice of Filing Amended Complaint filed by Equal Employment Opportunity Commission. (Williams-Alexander, Donna) (Entered: 04/13/2007)
39 First Amended complaint against AutoNation. Filed by Equal Employment Opportunity Commission. (Williams-Alexander, Donna) (Entered: 04/13/2007)
40 Answer to Amended Complaint (Related Doc # 39 ) filed by AutoNation. (Dezort, Robert) (Entered: 04/17/2007)
41 Notice to take Deposition of Avery Williams on Wednesday, May 9, 2007 at 10:00 a.m. filed by AutoNation. (Dezort, Robert) (Entered: 04/25/2007)
42 Notice of Service of Defendant's Supplement to Voluntary Initial Disclosures filed by AutoNation. (Pivonka, II, Robert) (Entered: 05/16/2007)
43 Notice of Service of Defendant's Discovery Responses filed by AutoNation. (Pivonka, II, Robert) (Entered: 05/16/2007)
44 Subpoena Returned Executed; served upon Hapi Management, Inc. by personal service on 5/11/07 filed by all defendants (C,B) (Entered: 05/21/2007)
45 Status Report filed by Avery Williams. (Shapero, Neal) Modified text on 6/7/2007 (S, T). (Entered: 06/06/2007)
46 Final Mediation Report filed manually with ADR Administrator. Mediator conference held 5/30/2007 and as a result, the process is complete. ADR Disp.
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Northern District of Ohio
06/08/2007 06/08/2007 06/15/2007 08/06/2007 08/06/2007 08/06/2007 08/30/2007 09/07/2007 09/07/2007 09/11/2007 09/12/2007 09/20/2007 10/15/2007
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Code: 8. Future ADR: not applicable (Related document(s) 37 ). (N, P) (Entered: 06/08/2007)
47 Status Report filed by AutoNation. (Dezort, Robert) (Entered: 06/08/2007)
48 Status Report filed by Equal Employment Opportunity Commission. (Williams-Alexander, Donna) (Entered: 06/08/2007)
Minutes of proceedings [non-document].Status Conference held on 6/15/07 before Judge John R. Adams. (1 hr.) (Court Reporter None.) (K,C) (Entered: 06/15/2007)
49 Subpoena Returned Executed; served upon Angela Weatherspoon by Personal Service on Aug. 2, 2007 filed by AutoNation (Dezort, Robert) (Entered: 08/06/2007)
50 Subpoena Returned Executed; served upon Downtown Ford Lincoln Mercury, Inc. by Personal Service on Aug. 1, 2007 filed by AutoNation (Dezort, Robert) (Entered: 08/06/2007)
51 Notice to take Deposition of Angela Weatherspoon and Ramadan Guru on Wedneday, August 15, 2007 filed by AutoNation. (Dezort, Robert) (Entered: 08/06/2007)
52 Notice to take Deposition of Ramadan Guru on Saturday, September 8, 2007 at 9:30 a.m. filed by AutoNation. (Dezort, Robert) (Entered: 08/30/2007)
53 Notice of Service of Defendant's Supplemental Answers and Objections to Plaintiff's First Set of Interrogatories filed by AutoNation. (Pivonka, II, Robert) (Entered: 09/07/2007)
54 Notice of Service of Defendant's Second Supplement to Voluntary Initial Disclosures filed by AutoNation. (Pivonka, II, Robert) (Entered: 09/07/2007)
55 Notice to take Deposition of Tracy Hill on Monday, September 17, 2007 at 9:00 a.m. filed by AutoNation. (Dezort, Robert) (Entered: 09/11/2007)
56 Joint Motion for protective order filed by all parties. (Attachments: #(1) Proposed Order Joint Stipulated Protective Order)(Pivonka, II, Robert) Modified filers on 9/13/07 (L, T). (Entered: 09/12/2007)
57 Protective Order. Signed by Judge John R. Adams on 9/20/07. (A, El) (Entered: 09/20/2007)
58 Notice of Filing Deposition Transcript of James Anderson filed by AutoNation. (Attachments: # 1 James Anderson Deposition Transcript# 2 Anderson Deposition - Plaintiff's Exhibits# 3 Anderson Deposition - Defendant's Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
59 Notice of Filing Deposition Transcript of Jonathan Andrews filed by AutoNation. (Attachments: # 1 Jonathan Andrews Deposition Transcript# 2 Andrews Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
60 Notice of Filing Deposition Transcript of Dax Catlett filed by AutoNation. (Attachments: # 1 Dax Catlett Deposition Transcript)(Dezort, Robert) (Entered: 10/15/2007)
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Northern District of Ohio
10/15/2007 10/15/2007 10/15/2007
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61 Notice of Filing Deposition Transcript of Jeffrey Deel filed by AutoNation. (Attachments: # 1 Jeffrey Deel Deposition Transcript# 2 Deel Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
62 Notice of Filing Deposition Transcript of Scott Etheridge filed by AutoNation. (Attachments: # 1 Scott Etheridge Deposition Transcript# 2 Etheridge Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
63 Notice of Filing Deposition Transcript of Timothy Gross filed by AutoNation. (Attachments: # 1 Timothy Gross Deposition Transcript# 2 Gross Deposition Plaintiff's Exhibits# 3 Gross Deposition - Defendant's Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
64 Notice of Filing Deposition Transcript of Ramadan Guru filed by AutoNation. (Attachments: # 1 Ramadan Guru Deposition Transcript# 2 Guru Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
65 Notice of Filing Deposition Transcript of Tracy Hill filed by AutoNation. (Attachments: # 1 Tracy Hill Deposition Transcript# 2 Hill Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
66 Notice of Filing Deposition Transcript of Tonya Humphreys filed by AutoNation. (Attachments: # 1 Tonya Humphreys Deposition Transcript# 2 Humphreys Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
67 Notice of Filing Deposition Transcript of Joshua Linville filed by AutoNation. (Attachments: # 1 Joshua Linville Deposition Transcript)(Dezort, Robert) (Entered: 10/15/2007)
68 Notice of Filing Deposition Transcript of James Stinson filed by AutoNation. (Attachments: # 1 James Stinson Deposition Transcript)(Dezort, Robert) (Entered: 10/15/2007)
69 Notice of Filing Deposition Transcript of Jeffrey Swihart filed by AutoNation. (Attachments: # 1 Jeffrey Swihart Deposition Transcript)(Dezort, Robert) (Entered: 10/15/2007)
70 Notice of Filing Deposition Transcript of Angela Weatherspoon filed by AutoNation. (Attachments: # 1 Angela Weatherspoon Deposition Transcript# 2 Weatherspoon Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
71 Notice of Filing Deposition Transcript of Jason West filed by AutoNation. (Attachments: # 1 Jason West Deposition Transcript# 2 West Deposition Exhibits)(Dezort, Robert) (Entered: 10/15/2007)
72 Notice of Filing Deposition Transcript of Brian Winn filed by AutoNation. (Attachments: # 1 Brian Winn Deposition Transcript)(Dezort, Robert) (Entered: 10/15/2007)
73 Notice of Filing Deposition Transcript of Avery Williams filed by AutoNation. (Attachments: # 1 Avery Williams Deposition Transcript# 2 Williams Deposition Exhibits A - H# 3 Williams Deposition Exhibits I - AS)(Dezort, Robert) (Entered: 10/15/2007)

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11/16/2007 12/03/2007 02/04/2008 02/04/2008 02/08/2008 02/12/2008 02/13/2008
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74 Affidavit/Declaration of Frank Egan filed by AutoNation. (Dezort, Robert) (Entered: 10/15/2007)
75 Affidavit/Declaration of Scott Etheridge filed by AutoNation. (Dezort, Robert) (Entered: 10/15/2007)
76 Affidavit/Declaration of Tonya Humphreys with attached exhibits filed by AutoNation. (Dezort, Robert) Modified docket text on 10/16/2007 (R, N). (Entered: 10/15/2007)
77 Affidavit/Declaration of Ray O'Flaherty filed by AutoNation. (Dezort, Robert) (Entered: 10/15/2007)
78 Affidavit/Declaration of John Russell filed by AutoNation. (Dezort, Robert) (Entered: 10/15/2007)
79 Affidavit/Declaration of Jason West with attached exhibits filed by AutoNation. (Dezort, Robert) Modified docket text on 10/16/2007 (R, N). (Entered: 10/15/2007)
80 Motion for summary judgment filed by AutoNation. (Attachments: # 1 Memorandum in Support of Defendant's Motion for Summary Judgment# 2 Unreported Decisions)(Dezort, Robert) (Entered: 10/15/2007)
81 Opposition to 80 Motion for summary judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Stinson Deposition, # 2 Affidavit West Deposition, # 3 Affidavit Guru, # 4 Affidavit Anderson, # 5 Affidavit Anderson Deposition, # 6 Affidavit Gross, # 7 Affidavit Gross Deposition, # 8 Affidavit Andrews Deposition, # 9 Exhibit EEOC Charge No. 220-2005-01152, # 10 Exhibit EEOC Amended Charge No. 220-2005-01152, # 11 Exhibit AutoNation Handbook, # 12 Exhibit AutoNation Position Statement, June 23, 2005, # 13 Exhibit Etheridge Corrective Action)(Williams-Alexander, Donna) (Entered: 11/15/2007)
82 Response to 80 Motion for summary judgment filed by Avery Williams. (Botnick, Abby) (Entered: 11/16/2007)
83 Reply to response to 80 Motion for summary judgment filed by AutoNation. (Attachments: # 1 Unreported Decisions)(Dezort, Robert) (Entered: 12/03/2007)
84 Order denying Motion for summary judgment (Related Doc # 80 ). Signed by Judge John R. Adams on 2/4/08.(Akers, Elisabeth) (Entered: 02/04/2008)
85 Notice of Hearing. Telephone Conference set for 2/21/2008 01:30 PM before Judge John R. Adams. (Akers, Elisabeth) (Entered: 02/04/2008)
86 Motion to continue telephone conference hearing scheduled for February 21, 2008 at 1:30 p.m. filed by Defendant AutoNation. (Dezort, Robert) (Entered: 02/08/2008)
87 Motion for Order to Correct Docket filed by Defendant AutoNation. (Dezort, Robert) (Entered: 02/12/2008)
88 Marginal Order granting Motion for order (Related Doc # 87 ). The docket shall be modified to reflect change in defendant name. Signed by Judge John R. Adams
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on 2/13/08. (Akers, Elisabeth) (Entered: 02/13/2008)
89 Marginal Order granting Motion to continue (Related Doc # 86 ). Parties shall submit acceptable dates for rescheduling by 2/18/08. Signed by Judge John R. Adams on 2/13/08.(Akers, Elisabeth) (Entered: 02/13/2008)
90 Order Settlement Conference set for 5/13/2008 11:00 AM in Conference Room 588 before Judge John R. Adams. Signed by Judge John R. Adams on 3/19/08. (Akers, Elisabeth) (Entered: 03/19/2008)
91 Joint Motion to Enter and Aprrove Consent Decree filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Williams-Alexander, Donna) Modified text on 4/22/2008 (M,KR). (Entered: 04/18/2008)
92 Order granting Joint Motion to Enter and Approve Consent Decree (Related Doc # 91 ). The Consent Decree is approved as described within. Signed by Judge John R. Adams on 4/21/2008.(M,KR) (Entered: 04/21/2008)

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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiffs, )

)

v.

)

)

MULLINAX FORD NORTH CANTON, INC. )

D/B/A MULLINAX FORD NORTH CANTON, )

)

Defendant. )

Civil Action No. 5:06CV1972

CONSENT DECREE INTRODUCTION
A. This action was instituted by the United States Equal Employment Opportunity Commission (the "EEOC" or the "Commission") on August 17, 2006 under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 ("Title VII"). The EEOC alleged in its Amended Complaint that Defendant Mullinax Ford North Canton, Inc. d/b/a Mullinax Ford North Canton (“Defendant”) discriminated against its former employee, Avery Williams (“Williams”), on the basis of his race, Black, by subjecting him to a racially hostile work environment and then by retaliating against him for engaging in activities protected by Title VII. The EEOC alleged that the retaliatory activity resulted in Williams’ constructive discharge. The Commission further alleged in its Complaint that other employees in the workplace were harmed by the racially hostile environment.
In response to the Amended Complaint filed by the EEOC, Defendant filed an Answer specifically and categorically denying the substantive allegations and claims asserted by the EEOC, and raising various defenses.
B. In the interest of resolving this matter, and as a result of having engaged in

comprehensive negotiations, the EEOC and Defendant (the “Parties”) have agreed that this action should be finally resolved by entry of this Decree. This Decree and compliance with this Decree shall not be construed as an admission by Defendant of (1) any liability or any violation of the rights of Avery Williams or of any other person; (2) violation of any order and/or law regarding Williams or any person; or (3) violation of any order, law, statute, duty or breach of any contract or any act of discrimination, harassment or retaliation whatsoever against Williams or any other person. Instead, Defendant specifically denies engaging in any wrongful or unlawful acts and is entering this Decree solely for the purpose of avoiding the time and expense involved in defending the claims alleged in this Civil Action.
C. This Decree is entered into by the EEOC and Defendant. This Decree shall be final and binding between the EEOC and Defendant, its directors, officers, managers, and successors and assigns (hereinafter collectively referred to as "Defendant").
D. The Commission and Defendant agree to the entry of this Decree, which shall fully and finally resolve all claims which were or could have been raised by the EEOC in Civil Action No.5:06-CV-1972, including back pay, front pay, non-pecuniary compensatory damages, liquidated damages, pre-judgment and post-judgment, interest, injunctive relief, attorney’s fees, costs and any remedial action or other equitable relief arising out of said Civil Action. This Consent Decree shall not constitute an adjudication of or finding on the merits of the case and shall not be construed as a violation of Title VII by Defendant.
ORDER Upon consent of the parties to this action, it is hereby ORDERED, ADJUDGED and DECREED that:
NON-DISCRIMINATION AND NON-RETALIATION
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1. This Court has jurisdiction over the parties and the subject matter of this action. 2. Defendant is enjoined for the duration of this Decree from engaging in any employment practice which constitutes unlawful discrimination under Title VII. Specifically, Defendant is enjoined from creating, fostering or tolerating a work environment which discriminates based on race. 3. Defendant is enjoined from engaging in any employment practices which retaliate in any manner against any person, including but not limited to, Williams and Ramadan Guru (“Guru”), or any other person, because of that person's opposition to any practice believed to be unlawful under Title VII, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any manner in any investigation, hearing or proceeding under Title VII. 4. Defendant shall not divulge, directly or indirectly, except as required by law, or in response to a lawful subpoena or other legal process, to any employer or potential employer of Williams, any of the facts or circumstances related to the charge of discrimination against Defendant, or any of the events relating to his participation in the litigation of this matter. 5. Defendant shall expunge from the personnel files of Williams, any documents, pleadings, correspondence and related papers pertaining to the charge of discrimination filed by Williams with the Commission. 6. Defendant shall comply fully with all provisions of Title VII for the duration of this Decree. Nothing in this Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Defendant under Title VII or the EEOC's authority to process or litigate any charge of discrimination which may be filed against Defendant in the future.
MONETARY RELIEF Avery Williams
7. Without admitting liability, and instead, expressly denying any liability, Defendant
3

agrees to pay the gross sum of $145,000.00 to or on behalf of Williams in full and final settlement of the claims against Defendant which were or could have been raised in the Commission’s Civil Action:
(a) One check in the gross amount of $84,406.77 will be made payable to Avery Williams as and for alleged non-compensatory damages related to the claims at issue in this litigation.
(b) One check in the gross amount of $10,000.00, less all applicable deductions and withholdings, will be made payble to Williams as and for alleged wage loss damages related to the claims at issue in this litigation.
(c) One check in the gross amount of $50,593.23 will be made payable to the law firm of Shapero & Roloff as and for Williams’ alleged attorneys’ fees and expenses.
(d) Defendant will mail a photocopy of the checks to the EEOC, to the attention of Donna L. Williams-Alexander, Trial Attorney, EEOC, within five (5) days of transmission of the checks to Williams’ attorneys. In the event that Defendant does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus costs and interest to be paid at the legal rate.
Ramadan Guru 8. Without admitting liability, and instead, specifically denying liability, Defendant agrees to pay the sum of $5,000.00 to Guru in full and final settlement of the claims against Defendant which were or could have been raised by the Commission in this Civil Action. Defendant shall send a check in the gross sum of $5,000.00, as payment hereunder within fourteen ( 14) days after counsel for Defendant receives a signed and journalized Decree, a copy of the private written settlement agreement between Defendant and Guru signed by Guru, and an IRS W-9 form signed by Guru. The check will be made payable to Guru and will be transmitted to him by
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certified mail return receipt requested or via special delivery. Defendant will mail a photocopy of the check to the EEOC, to the attention of Donna L. Williams-Alexander, Trial Attorney, EEOC, within five (5) days of transmission of the check to Guru. In the event that Defendant does not make the payment as designated in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus costs and interest to be paid at the legal rate.
POSTING OF NOTICE 9. Within ten (10) business days after entry of this Decree, or as soon as practicable, thereafter, but no later than thirty (30) business days thereafter, Defendant agrees to post samesized copies of the Notice attached as Exhibit l to this Decree on a bulletin board(s) located at its North Canton, Ohio, location, usually used by Defendant for communicating with employees. The notice shall remain posted for one (1) year from the date of entry of this Decree. Counsel for Defendant shall provide a copy of the Notice, and an indication of the date and location(s) of its posting(s), to the EEOC's Cleveland, Ohio Field Office, attention: Donna L. Williams-Alexander, within ten (10) days of the posting(s). Defendant shall permit a representative of the EEOC to enter Defendant's North Canton, Ohio premises for purposes of verifying compliance with this Paragraph at any time during normal business hours. Defendant shall take all reasonable steps to ensure that the posting(s) are/is not altered, defaced or covered by any other material. Should the posted notice(s) become defaced, removed, marred, or otherwise illegible, Defendant agrees to as soon as practicable post a legible copy in a manner as described herein.
NON-DISCRIMINATION AND ANTI-HARASSMENT POLICIES AND COMPLAINT PROCEDURES
10. Defendant agrees to maintain and enforce written policies concerning race discrimination, harassment and retaliation that conform with applicable law as follows:
(a) The policy should be drafted in plain and simple language, stating a strong
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commitment to a work place free of race discrimination, harassment and retaliation, or other violation of Title VII;
(b) The policy should make clear that a failure to follow Defendant’s policy against unlawful race discrimination, harassment and retaliation will not be tolerated;
(c) The policy should contain a complaint procedure advising employees to come forward with complaints regarding violations of the Defendant’s policy or policies against discrimination, harassment and retaliation, and identify appropriate individual(s) to whom employees may report complaints about unlawful race discrimination, harassment or retaliation. The policy should also provide assurances that complainants shall not be subjected to retaliation and provide an assurance of non-retaliation for persons who report their belief that they have been subjected to unlawful race discrimination, harassment or retaliation; and
(d) The policy should provide employees assurance that Defendant will investigate all allegations of unlawful discrimination, harassment and retaliation; and
(e) The policy should provide for consequences up to and including discharge of an employee or supervisor or manager who violates the policy.
11. The aforementioned policy shall be distributed to all of Defendant’s employees not already in possession of it, at its North Canton, Ohio location, within ninety (90) days after entry of this Decree. Defendant will distribute said policy to all newly hired individuals within a reasonable time after their hire.
12. Within ninety (90) days after entry of this Decree, Defendant agrees to advise Donna L. Williams-Alexander, Trial Attorney, EEOC, that its policy or policies against race discrimination, harassment and retaliation have been distributed to current employees either in written or electronic form and that new employees will receive these policies and an opportunity to acknowledge receipt. Defendant will retain copies of any acknowledgment of receipt form for an
6

employee in the employee’s personnel file. 13. Defendant agrees that it will, annually, for the duration of the Decree, send a copy
of its policy or policies against discrimination, harassment and retaliation to its employees either in written or electronic form.
MANAGEMENT ACCOUNTABILITY 14. For the duration of this Decree, Defendant shall promote management and/or supervisor accountability concerning race discrimination/ harassment and retaliation prohibited under Title VII by the following conduct: (a) Providing mandatory annual anti-discrimination training to all of its supervisory and managerial personnel as set forth in Paragraph 15; (b) Disciplining, up to and including discharge, any supervisor or manager who violates Defendant's policy or policies against race discrimination, harassment or retaliation for engaging in protected activity under Title VII; (c) Imposing on all managers and supervisory personnel a duty to administer their work areas to ensure compliance with Defendant’s policy or policies against race discrimination, harassment or retaliation for engaging in activity protected under Title VII; and (d) Requiring all managers and supervisors to report any incidents and/or complaints of race discrimination/harassment or retaliation for engaging in activity protected under Title VII of which they become aware to the appropriate responsible person identified in Defendant’s policies and procedures regarding same.
TRAINING 15. For the duration of this Decree, Defendant agrees to provide live training regarding an employee's rights under Title VII, and the employer's obligations under Title VII, with an emphasis on what constitutes unlawful race discrimination in the workplace, how to keep
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Defendant’s workplace free of such forms of discrimination, and what constitutes unlawful retaliation on the following terms:
a. Defendant agrees to provide such training sessions to all of its employees, managers and supervisors who work at its North Canton, Ohio location by conducting a live training seminar each year;
b. During each training session, an upper management employee will make a statement regarding the consequences for engaging in unlawful race discrimination, harassment and retaliation and emphasize Defendant’s commitment to the prevention of unlawful race discrimination, harassment and retaliation under Title VII; and
c. The first training session shall take place within six (6) months of entry of this Decree and,thereafter, annually for the duration of this Decree.
16. Defendant agrees to provide the EEOC with copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
17. Defendant agrees to notify EEOC Trial Attorney Donna L. Williams-Alexander, in writing within fifteen (15) business days after the training sessions have occurred, that the training has taken place and that the required personnel have attended. Such notification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance; and (iii) a listing of all current employees, including temporary employees, as of the date of the training.
RECORD KEEPING 18. For a period of five (5) years following entry of this Decree, Defendant shall maintain and make available for inspection and copying by the Commission, records of each complaint of any incident of race discrimination, harassment and retaliation made by any employee at its North Canton, Ohio location. Defendant shall maintain a summary of each complaint report
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including the date the complaint was made, the name of the complainant (if known), the allegations

contained in the complaint, and any necessary corrective action Defendant took in response to the

complaint.

19. Defendant shall make all documents or records referred to in Paragraph 18, above,

available for inspection and copying within fifteen (15) business days after the EEOC so requests.

In addition, Defendant shall make available for interview all managers and supervisors within

Defendant’s employ whom the EEOC reasonably requests for purposes of verifying compliance

with this Decree and shall permit a representative of the Commission to enter Defendant's North

Canton, Ohio premises for such purposes with reasonable advance notice by the EEOC to Defense

counsel of record.

20. Nothing contained in this Decree shall be construed to limit any obligation

Defendant may otherwise have under Title VII or any other law or regulation.

REPORTING

21. Defendant shall furnish to the EEOC the following written reports annually for a

period of five (5) years following entry of this Decree. Each such report shall be submitted to

Donna Williams-Alexander, EEOC Trial Attorney, and shall contain:

a. A summary of the information recorded by Defendant pursuant to Paragraph

18, including the name of the complainant (if known), the allegation of the complaint and the

action taken by Defendant in response; and

b.

A certification by Defendant that the Notice required to be posted in Paragraph 9,

above, remained posted during the entire one (1) year period required under this Decree.

DISPUTE RESOLUTION

22. In the event that the EEOC believes that Defendant has failed to comply with any

provision of this Decree, the EEOC shall notify counsel of record for Defendant, of the alleged non-

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compliance within twenty (20) days of the alleged non-compliance and shall afford Defendant twenty (20) business days to remedy the non-compliance or to satisfy the EEOC that the alleged non-compliance has been rectified. If the alleged non-complying party has not remedied the alleged non-compliance within twenty (20) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 23. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 24. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Defendant in their capacities as representatives, agents, directors and officers of Defendant, and not in their individual capacities. This Paragraph shall not be construed as placing any limit on remedies available to the Court in the event that any individual is found to be in contempt for a violation of this Decree. 25. This Decree shall fully and finally resolve all claims which were or could have been raised by the EEOC in its Complaint and Amended Complaint in Civil Action No. 5:06-CV-1972. 26. This Consent Decree shall be filed in the United States District Court for the Northern District of Ohio and shall continue to be in effect for a period of five (5) years. Any application by any party to modify or vacate this Decree during such period shall be made by motion to the Court on no less than thirty (30) days notice to the other party. 27. The Court retains jurisdiction over this case in order to enforce the terms of the Consent Decree for its duration. 28. This Decree shall expire by its own terms at the end of five (5) years from the date of entry, without further action by the Parties. 2//9//.///////T//h//e///C//l/e//r/k///o/f///t/h/e///D///i/s/t/r/i/c//t//C//o//u//r/t//i/s//h//e//r/e/b//y///d//i/r/e//c/t/e//d///t/o//s//e/n//d///a///f/i/l/e/-//s/t/a//m//p//e//d//c//o//p//y//o//f//t/h//i/s C/o//n//s/e//n//t//D//e//c//r/e/e///t/o///c/o//u//n//s/e//l/o//f//r//e/c//o//r/d/.
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(5:06CV1972) Date: April 21, 2008

__s_/J_o_h_n__R_.__A_d_a_m__s_________________________ JUDGE JOHN R. ADAMS UNITED STATES DISTRICT COURT

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EXHIBIT 1
NOTICE TO ALL MULLINAX FORD OF NORTH CANTON EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the U.S. District Court, Northern District of Ohio in EEOC v. Mullinax Ford North Canton, Inc. d/b/a Mullinax Ford North Canton, Civil Action Number 5:06-CV-1972, resolving a lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”) against Mullinax Ford North Canton, Inc. d/b/a Mullinax Ford North Canton (“Mullinax Ford”).
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, et seq., as amended, (“Title VII”), prohibits discrimination against employees and applicants for employment based upon race, color, sex, religion or national origin. Title VII further prohibits retaliation against employees or applicants who avail themselves of their rights under Title VII by engaging in protected activities, such as opposing employment practices believed to be discriminatory, filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is a federal agency which investigates charges of unlawful employment discrimination. The EEOC has authority to bring lawsuits in Federal Court to enforce Title VII.
In its lawsuit, the EEOC alleged that Defendant discriminated against several employees on the basis of race, (Black), and by subjecting them to different terms and conditions of employment and a racially hostile work environment. The Commission further alleged that Defendant retaliated against one of the Black employees after he filed a charge of race discrimination with the EEOC. Mullinax Ford categorically and unequivocally denies engaging in these or any other wrongful or unlawful acts.
To resolve the case, Mullinax Ford and the EEOC have entered into a Consent Decree which provides, among other things, that: (1) Mullinax Ford provide monetary relief; (2) Mullinax Ford will not discriminate on the basis of race; (3) Mulinax Ford will not retaliate against any person because he or she has opposed any practice made unlawful by Title VII, filed a charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and (4) Mullinax Ford will train all employees at its North Canton, Ohio location, concerning the federal laws prohibiting race discrimination, harassment, unlawful retaliation and the Company’s policies on these matters.
If you believe you have been discriminated against, you may contact the EEOC at (216) 522-7454. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for one (1) year 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 the: Associate Regional Attorney, EEOC Cleveland Field Office, AJC Federal Office Building, 1240 East Ninth Street, Suite 3001, Cleveland, Ohio 44199.

By: __________________________ For: Equal Employment Opportunity
Commission

By: ________________________________ For: Mullinax Ford North Canton, Inc.

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