Case 4:06-cv-02106 Document 1-1 Filed 06/22/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

COMPLAINT

go
SHIPLEY DONUT FLOUR & SUPPLY CO., INC., D/B/A SHIPLEY DO-NUTS
Defendant.

CIVIL ACTION NO.
0 6 2

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 as amended by Title I of the Civil Rights Act of 1991 ("Title VII") to correct unlawful employment discrimination on the basis of filing a discrimination charge (retaliation) and to provide appropriate relief to Gerardo Guzman, who was adversely affected by the unlawful practices. While employed by Defendant Shipley Donut Flour & Supply Co., Inc., d/b/a Shipley Do-Nuts ("Defendant"), Mr. Guzman was subjected to discriminatory treatment because he filed a charge of discrimination on or about March 3, 2005. The discriminatory treatment included being discharged on or about May 13, 2005.

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(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"). This action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of

Case 4:06-cv-02106 Document 1-1 Filed 06/22/2006 Page 2 of 5
1991, 42 U.S.C. § 1981a. 2. The unlawful employment practices alleged in this complaint were committed within
the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in 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 VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. 8 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Shipley Donut Flour & Supply Co., Inc., d/b/a Shipley Do-Nuts, ("Defendant"), a Texas corporation, has continuously been doing business in the State of Texas and the City of Houston 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 within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. 88 2000e(b), (g) and (h).
STATEMENT OF TITLE VII CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Gerardo Guzman filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least March 3, 2005, Defendant has engaged in unlawful employment practices at its Houston, Texas facility, in violation of 8704(a) of Title VII, 42 U.S.C. 8 2000e-3(a). On or about March 3, 2005, Gerardo Guzman filed a charge of discrimination alleging that he and
2

Case 4:06-cv-02106 Document 1-1 Filed 06/22/2006 Page 3 of 5
other Hispanic employees were subjected to discriminatory terms and conditions of employment, including being extorted, threatened with violence and repeatedly called "wetback" by a company official. Mr. Guzman, who had been employed with Defendant for approximately six (6) years, subsequently had his work closely scrutinized, was followed at the behest of the Defendant and received three disciplinary notices in the span of a few weeks. On or about May 13, 2005, he was discharged by Lawrence Shipley III, one of Respondent’ s agents and owners, in retaliation for having filed a charge of discrimination against the company in March.
10. The effect of the practice(s) complained of above has been to deprive Gerardo Guzman of equal employment opportunities and otherwise adversely affect his status as an employee because he filed a charge of discrimination.
11. The unlawful employment practices complained of above were and are intentional. 12. The unlawful employment practices complained of above were and are done with malice or with reckless indifference to the federally protected rights of Gerardo Guzman.
PRAYER FOR RELIEF Wherefore, the Commission requests that this Court: A. Grant a permanent injunction enjoining the Defendant its officers, successors, assigns and all persons in active concert or participation with it, from engaging in an employment practice which discriminates on the basis of filing a charge of discrimination. B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for all its employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Gerardo Guzman by providing appropriate backpay
3

Case 4:06-cv-02106 Document 1-1 Filed 06/22/2006 Page 4 of 5

with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to

eradicate the effects of its unlawful employment practices, including but not limited to backpay and

frontpay, with interest.

D. Order Defendant to make whole Gerardo Guzman by providing compensation for past

and future pecuniary losses resulting from the unlawful practices described above, including out-of-

pocket expenses such as job search expenses and insurance expenses in amounts to be proved at trial.

E. Order Defendant to make whole Gerardo Guzman by providing compensation for past

and future nonpecuniary losses resulting from the unlawful practices complained of above, including

emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts

to be determined at trial.

F. Order Defendant to pay Gerardo Guzman punitive damages for its malicious and/or

reckless conduct described above, in an amount to be determined at trial.

Go

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

interest.

H. Award the Commission its costs of this action.

JURY DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

Respectfully submitted,

James L. Lee Deputy General Counsel
Gwendolyn Young Reams

Case 4:06-cv-02106 Document 1-1 Filed 06/22/2006 Page 5 of 5
Associate General Counsel Equal Employment Opportunity Commission 1801 L Street, N.W. Washington, D.C. 20507
~~e~ Sach~er’a~ ~ /’~’~’v~ ~~,X. Regional Attomey
ita Senior Trial Attorney Attorney-in-Charge Admission I.D. No. 11850 Texas Bar No. 19523560 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 Telephone: (713) 209-3400 Facsimile: (713) 209-3402
5

JS 44

(Rev. 07/89)

Case 4:06-cv-02106 DoCo~OV-I~R s~ 06/22/2006 Page 1 of 1

The JS 44 ctvil cover sheet and the information contained herein netther replace nor supplement the filing and serwce of pleadings or other papers as required by law, except as provided by local rnles of court. This form,

approved by the Judic|al Conference ofthe Umted States m September ~974’srequlredf~rthease~ftheC~erk~fC~urtf~rthepmp~se~finitmtingthecm~d~cketsheet (SEE INSTRUCTIONS ON THE REVERSE

OF THE FORM.)

l(a) PLAINTIFFS UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF __
(EXCEPT IN U S PLAINTIFF CASES)

DEFENDANTS
SHIPLEY DONUT FLOUR & SUPPLY CO., INC., D/B/A SHIPLEY DO-NUTS

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT Harris

(IN U.S PLAINTIFF CASES ONLY)

NOTE. IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

TRACT OF LAND INVOLVED

] |IkHTI~I~ {~’r’B’l~’O t’t~l II~’F~ ~

(12) A’FI’ORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Rudy Sustaita, Senior Trial Attorney EEOC-Houston Dlstrtct Office
H19o1u9stoSnm, iTthexSatsre7e7t0’072~ Fl°°r (713) 209-3400

ATI’ORNEYS ,IF KNOWN)

S ~’~ ~ ~)]~’i~’~’ ~k~
JUN 2 2 ZOO6

II. BASIS OF JURISDICTION 0’LACEA~INO~EBOXO~LY~

[x] I U.S. Government Plaintiff
[] 2 U.S. Government Defendant

[] 3 Federal Question (U.S Government Not a Party) [] 4 Diversity (Indicate Cmzensh~p of Pames m Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES *LACE~xiNO~EDOX

(For Diversity Cases Only) FOR PLmNI~F AND ONE BOX FOR DEFENDANT)

PTF DEF

PTF DEF

Citizen ofThis State []1 []1 IncorporatedorPrincipaIPlac~ []4 []4

of Business in This State

Citizen of Another State [ ] 2 [ ] 2 Incorporated and Principal Place [ ] 5 [ ] 5

of Business in Another State

Citi ..... Subjectofa []3 []3 Foreign Nation

[]6 []6

Foreign Country

IV, CA USE OF ACTION (C~TE T~E U s C,VIL S’~AT~E UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMEN~ OF CAUSE DO NOT CITE 2URISDICTIONAL STATLrI’ES UNLESS DIVERSITY )

Defendant has engaged in unlawful employment practices in violation of Section 704 of Title VII, 42 U.S.C. Section 2000e-3 Defendant subjected Gerardo Guzman to retaliation when it discharged Guzman because he had filed a charge of discriminat,on with the EEOC.

V. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)

CONTRACT

TORTS

[] 110 lmurmce
[] t3o
[] 140 Ncg°aable

PERSONAL INJURY

[] ~,o ~’~°

[1

~15 Aupl~e Product Liab=hty [] 320 A~B, Libel & Slander []

330 F~I Empl~’ Lmbdx~ []

~4o ~ []

345 ~nne ~uet L, abah~ []

350 ~o~v~,~

[]

355 M~ V~mle ~

PERSONAL INJURY ] 362 P~onal la~ury-
[] ~[7,,;~’’°~-~’
PERSONAL PROPERTY [] 370 O~r F~od [] 371 T~m~
[] 380 ~ ~ ~ ~
] 385 ~ D~gt ~t

REAL PROPERTY
[] 220 ~o~,o~
[] 230 Rent Losse & Ejtctment [] 240 Tor~ to Land [] 245 Tort Product Lmhhty [] 290 All Other R~I Prope~,

RIGHTS’

CIVIL

441 V°t~ns

[X] 442 Employing,

[]

443 HousLna/Ao~ranod~aons []

444 Welfa~

[]

440 ~= ct~al

PRISONER PETITIONS
[]

FORFEITURE/PENALTY
[] 6"10 ~Agn~tm [] 620 Oth~ Food & ~
[] 630 Ltq~ ~ws [] 640 ~aaTmk ¯ ., .
[] *SO ~"~ ~ "
LABOR
710 Parr L~r S,alad~-d~ Act [] 720 Labor/MgmL Relauom
[] 73oL.~,a~mt R~p~,~
[] 740 ~dway [] 790 ~=

BANKRUPTCY
[] 422 App.12S use ~s
PROPERTY RIGHTS
[] 820 cop~#ts [] 830 Patent [] 340 Trademark
SOCIAL SECURITY
[] 861 HIA0395ff) [] 862 mack Lung (923) [] 863 DIWC/DIWW (405(g)) [] 864 SSlD Tttl¢ XVl [] 865 RSl (4o.~g))
FEDERAL TAX SUITS

[] 871 tRS-Th~d Party 26 USC 7609

OTHER STATUTES
[] 400 sm~ Reappor,amane~t [] 410 Anatmst [] 430 Banks ~od [] 450 C~CC
1 4go ~ t~ ~ co~ [] ~1o ~"~ s~ [] [] 875 c~,~m= c~*
[] 891 ~om~l [] 892 ~o~, s~a~
[] 894 ~
[] sgs
[] 950 Co~mua~hb of Store
[] 890 ~ s~

VI. ORIGIN [X] ! Original Proceedmg

(PLACE AN x IN ONE BOX ONLY)

[] 2 Removed from [] 3 Remanded from

State Court

Appellate Court

[] 4 Reinstated or Reopened

Transferred from [] 5 another district (specie,)

VII. REQUESTED IN

CHECK IF TH|S IS A CLASS ACTION

COMPLAINT: [] UNDER F RC P 23

DEMAND $

Appeal to District

[] 6 Mulladlstnct

[] 7 Judge from

L~t~gataon

Magis~’ate Judgment

Check YES only tf demanded in complmnt: IX] YES [1 ~0

Vlll. RELATED CASE(S) IF ANY

JUDGE

DOCKET NUMBER

06/22/2006
UNITED STATES DISTRICT COURT

 
 iN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION

§

Plaintiff,

§

§

§

Civil Action No. H-06-21 06

v.

§

§

SHIPLEY DONUT FLOUR & SUPPLY §

CO., INC.

§

d/b/a Shipley Do-Nuts

§

Defendant.

MEMORANDUM AND ORDER

The Court has reviewed Defendant's Motion for Summary Judgment, Plaintiffs Response,

the Reply, and the Sur-Reply.

Good arguments are advanced by both sides. The critical fact, however, that shapes this case

is that Gerardo Guzman, who had worked for Defendant for six years without disciplinary issues,

received three written reprimands in eleven days shortly after engaging in protected activity. He was

then fired. Sufficient uncertainty exists with respect to timing, motivation, comparable treatment

of other employees, and the seriousness of the conduct leading to the reprimands that the evidence

must be put before a jury for resolution.

Defendant's Motion for Summary Judgment is, therefore, DENIED.

IT IS SO ORDERED. Signed at Houston, Texas on this 191h day of September 2007.

KElT

LLISON

UNITED STATES DISTRICT JUDGE

 
 IN THE UNITED STATES DlSTRlCT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

SHIPLEY DONUT FLOUR & SUPPLY CO., §

INC., D/B/A SHIPLEY DO-NUTS

§

§

Defendant.

§

CIVIL ACTION NO. H-06-021 06

CONSENT DECREE The Plaintiff Equal Employment Opportunity Commission (the "Commission" or "EEOC'') alleges in this suit that Gerardo Guzman was subjected to retaliatory treatment by Defendant Shipley Donut Flour & Supply Company, Inc. d/b/a Shipley Do~Nuts (hereinafter "Shipley" or the "Company") because GU2l1lan had filed a charge of discrimination on March 3, 2005, culminating in his discharge from employment and eviction from company·sponsored housing on May 13, 2005. The Commission aJleges that Shipley's actions violate Title VO of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991. The Company answered the Commission's Complaint, denied the allegations, and alleged Guzman's discharge was for legitimate business reasons unrelated to his filing of a discrimination charge. To avoid the costs of litigation, and having engaged in extensive negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree. The parties stipulate to the jurisdiction of the Court and waive a hearing and the entry of findings of fact and conclusions of law.

HOU02: 1114326.4

This Consent Decree is entered in full and complete settlement of any and all claims arising out of or contained in EEOC Charge No. 330-2005-03686, and Civil Action No. H-06-2106. The Consent Decree constitutes a complete resolution of all claims by the Commission asserted in behalf of Guzman against Shipley in this action, but the Decree does not resolve any other claim Guzman may have against Shipley in any other action.
IT IS ORDERED, ADJUDGED AND DECREED as follows:
I. INJUNCTIVE RELIEF
I. Shipley is permanently enjoined from engaging in retaliation under Title VII.
2. Shipley is permanently enjoined from permitting the existence of a work environment that is hostile to any employee on the basis of retaliation in violation of Title VII.
3. Shipley is permanently cnjoined from discriminating or retaliating in any manner against any individual because he or she has made a charge, testified, assisted, or participated in any manner in the investigation by the Couunission or court proceeding in connection with this case.
4. Shipley is permanently enjoined from revealing any information about Gerardo Guzman to any third parties who make inquiries about Mr. Guzman for employment, except the dates of hire, separation, job title and compensation, and specifically shall not reference Mr. Guzman's charges of discrimination, this Consent Decree, this lawsuit or any other lawsuit brought by Mr. Guzman.
5. Shipley shall segregate all documents related to charges of discrimination filed by Gerardo Guzman, his lawsuit and the Commission's lawsuit in separate confidential folders. These documents shall not be a part of either Mr. Guzman's personnel fLIe. Shipley shall report compliance under this paragraph to the EEOC as provided in paragraph 8.

HOU02:1114J26.4

2

6. Shipley shall not employ Jimmy Rivera in any position where he has supervisory authority. Shipley shall report compliance under this section to the EEOC as provided in paragraph 8.
7. In the event that Jimmy Rivera separates his employment from Shipley, Shipley shaH provide only dates of hire, separation, job title and compensation in response to inquiries from prospective employers. Shipley shall report compliance under this paragraph to the EEOC as provided in paragraph 8.
II. OTHER RELIEF 8. Upon the signing of a separate, confidential release and waiver of claims by Guzman, Shipley agrees to pay Gerardo Guzman $6,500.00, less required withholding, in final, full and complete settlement of any and all claims arising out of or contained in EEOC Charge No. 330-2005-03686 and Civil Action No. H-06-2106, within 15 days from the entry of this Decree, and a copy of the check shall be mailed to the EEOC within the same time frame at the following address: Rudy L. Sustaita, EEOC Houston District Office, 7th Floor, Houston, Texas 77002. 9. Shipley shall prepare a written job recommendation for Guzman, indicating only his job titles, the dates of his employment, and his last wage earned. Shipley shall provide the form of recommendation to the EEOC within fifteen (15) days from entry of this Decree as provided in paragraph 8. to. Shipley shall notify all its supervisors and managers of the tenns of this Decree. The Company shall not disparage the settlements or Decree. 11. Shipley shall amend or implement policies, procedures and training in compliance with the following criteria:

HOU02:1114326.4

3

(A) Eviction Notice Procedure. Within ninety (90) days from the entry of this Decree, Shipley shall put in place rules that provide three days' written notice to employees that they should evacuate said housing for situations where Shipley intends to evict from company-sponsored housing an employee who has separated his employment (or who has given notice that he will separate his employment or who has been given notice that his employment will be separated). These rules shall be in drafted in plain and simple English and Spanish. Nothing in this paragraph shall diminish any rights employees may have as tenants under local, state or federal law. Shipley shall report compliance under this paragraph to the EEOC as provided in paragraph 8.
(B) Complaint Procedure. Within ninety (90) days from the entry of this Decree, Shipley shall put in place a complaint procedure that is designed to encourage employees to come forward 'With complaints under Title VII (including retaliation) regardless of the position held by the person alleged to have cngaged in thc offcnding conduct. This procedure shall be in drafted in plain and simple English and Spanish. Shipley shall report compliance under this paragraph to the EEOC as provided in paragraph 8.
(C) Disciplinary Policy. Within ninety (90) days from the entry of this Decree, Shipley shall put in place a disciplinary policy containing rules regarding offenses that will lead to employee discipline, including discharge. The policy shall include a documentation requirement such that when disciplining an employee (including discharge), Shipley shall identify the rule or rules violated, or other basis, for the discipline or termination in a written and dated memorandum, and shall provide that the memorandum be placed in the employee's personnel file when administering discipline, including termination. These rules, including the rule on written notice below in this paragraph, shall be in drafted in plain and simple English and

HOU02: 1114326.4

4

Spanish. This policy shall be distributed to all employees, including supervisors and managers.
Shipley shall report compliance under this paragraph to the EEOC as provided in paragraph 8.
(0) Policy Prohibiting Discrimination and Retaliation in Employment.
Within ninety (90) days from the entry of this Decree. Shipley shall revise its harassment policy
to assure that it includes the following criteria:
(i) prohibits discrimination (including tennination) against any employee because he has opposed unlawful discrimination under Title VII, or has
filed a charge of discrimination for a violation of Title vn;
(ii) prohibits any act. policy or practice that has the effect of harassing or intimidating any employee because he has opposed discrimination or filed a charge of discrimination under Title VII;
(iii) prohibits the existence of a work environment that is hostile to any employee through acts such as physicaVverbal abuse and derogatory
comments because he has opposed discrimination or has filed a charge of
discrimination under Title VII;
(iv) defines and provides examples of harassment based on retaliation;
(v) provides for prompt investigation of retaliatory harassment complaints and for prompt action to remedy the discrimination;
(vi) describes the duty of Shipley's officers, managers and supervisory personnel to actively monitor all work areas to ensure compliance with Shipley's anti-retaliation-based harassment policy;
(vii) encowages all Shipley employees report any incident and/or complaint of retaliatory harassment of which they become aware to the person(s) responsible for handling such complaints;
(viii) provides that upon the conclusion of Shipley's investigation, the outcome of the investigation will be communicated in writing to the complaining party;
(ix) requires that all employees report incidents of retaliatory harassment to the person(s) identified by Shipley the person(s) charged with the responsibility for investigating discrimination complaints; and
(x) is drafted in plain and simple English and Spanish.
Shipley shall report compliance under this paragraph to the EEOC as provided in paragraph 8.

HOU02:1I 14326.4

5

(E) Training: Shipley shall provide live, in-person equal employment

opportunity ("EEO") training in a group session to its owner, managers and supervisors

regarding employment discrimination, including, but not limited to the illegality of race

harassment, race-based employment decisions and retaliation, in compliance with the following

criteria:

training;

(i) All participants shall sign a registry upon completion of the

(ii) the training shall be conducted within 120 days of the entry of this Decree, and shall be conducted annually at or near the anniversary of the first session;
(iii) the EEOC may videotape the training while it IS being conducted;
(iv) the training shall be conducted in English and in Spanish;

(v) Shipley shall notify the Commission about each training session before its commencement, including the time, place and date of the training, and the EEOC shall have the right to have a representative attend the training sessions, including to videotape it;

(vi) following the training, Shipley shall notify the EEOC of the training by indicating when and where the training took place, the duration of the training, and the identity of the trainers and the attendees;
(vii) a copy of the registry shall be submitted to the EEOC as part of Shipley's reporting obligations;

(viii) if the EEOC does not attend the training, reports of the training shall be submitted to the EEOC no later than 14 days after the training at the following address: Rudy 1. Sustaita, EEOC Houston District Office, 7th Floor, Houston, Texas 77002.

III. POSTING

12. Within fourteen (14) business days after entry of this Decree, Shipley shall

post copies of the Notice attached as Exhibit "A" to this Decree at its facility in conspicuous

locations easily accessible to and commonly frequented by employees. The Notice shall remain

posted for the duration of this Decree. Shipley shall ensure that the postings are not altered,

HOU02:1114J26.4

6

defaced or covered by any other material. Shipley shall certify to the EEOC in writing within Fourteen (14) business days after entry of the Decree that the Notices have been properly posted. Shipley shall pennit a representative of EEOC to enter its premises solely for purposes of verifying compliance with this Paragraph at any time during nonnal business hours.
IV. REPORTING 13. Copies of all policies or procedures implemented by Shipley III compliance with paragraph 11 shall be provided to the EEOC within fifteen (IS) days of implementation at the address provided in paragraph 8. 14. During the term of this Consent Decree, Shipley shall provide all employees hired after the entry of this Decree with a copy of Shipley's employee policies and complaint procedure including, but not limited to, those described in paragraph II. 15. Nothing contained in this Decree shall be construed to limit any obligation Shipley may otherwise have to maintain records under Title VII or any other law or regulation.
V. LIAISON 16. Within thirty (30) days of the entry of this Decree, Shipley shall name a Liaison with whom the Conunission can communicate regarding compliance with this Decree. Shipley shall provide the Liaison's name, title (if applicable), work address, and work telephone number. The Liaison shall be responsible for making reports under this Decree and for communicating with the Commission regarding compliance with each term of this Decree.
VI. PERIODIC INSPECTIONS 17. Upon reasonable notice from the Commission that shall not be less than three (3) days, Shipley shall allow the Commission to inspect its premises for compliance with this Decree up to two (2) times a calendar year for the duration of this Decree. If an inspection is in response to a specific complaint from an employee, the inspection shall not be counted against

HOU02:1114326.4

7

the two (2) inspections allowed under this provision provided that the basis of the employee

complaint first has been reduced to a written charge and the charge has been provided to Shipley.

VII. MISCELLANEOUS PROVISIONS

18. The EEOC, and Shipley shall bear their own costs and attorney's fees.

19. This Consent Decree is final and binding on all parties to this action,

including all successors in interest to Shipley. Shipley has a duty to notify all such successors in

interest of their responsibilities in this regard, and must immediately (but no later than fourteen

(14) days) advise the Commission in the event that a successor in interest exists.

20. The provisions of Consent Decree shall remain in effect for two (2) years

from its entry.
so

ORDERED

AND

ENTERED

this

~</. k day

of

~~ 2007 at Houston, Texas.

KElT . ELLISON United Sta es District Judge

HOU02: 1114326.4

8

EXHIBIT A TO CONSENT DECREE
CIVIL ACTION NO. H-06-02106

HOU02:11]4326.4

9

Equal Employment Opportunity is
THE LAW

Employers
Holding Federal
ConlTacts or
Subcontracts
Appllc:onts to and ~n1ployul of compan~s with I F~denl covem" """,t contn.ct or subcontract lr.. protected under the foIIowin, Federal .udlOl'ities:
MACE, COLOR, RELIGION,
SEX, NATIONAL ORIGIN
Exewtlve Otder II H&,as amended, prohibits job discrimination on me bo,l, of taCe . color, reJ1ilon. lex or n.tional orilin.and require. affirm.ti~ .ctlo" to tnsure equality of opponuniry in all uptlctJI of .".,..Ioyment.
INDIVIDUALS WITH
DISABILITIES
Section 50) of the Reh~ blllta.tlon Act of 197). u amended,prohiblts lob discrimination beClu.t of di5>biliry ~nd require••fr.-mative .,dOll to "n,ploy ilIld .dv.llCe in employment qyalined indlvldu~ls with dlR-blUtits who, with renon. blt .<commodatlon. Can ~rl"rm the .... ential funcdon. of. job.
VIETNAM ERA, SPECIAL DISABLED, RECENTLY
SEPARATEO, AND OTHER
PROTECTED VETERANS
38 U.S.C."2Il oftheViwnm Er-l Vet..-n.· Re~dju$tm""tAssls<:ance Act 01 1174, os amended,l>/<>hlblcs job disoimlnuion and requlrellffirmaci..... action to employ:and .dvance In eml'loymt nt ~ualifl edVietn~m e.. ~Her.lnl. qualified .pecial di...bled ve<..-n.,recently le~rar~d veterans. and other protected .....reraN..
Any p.....on who belieo<e> a ContraCtor
.tII"""". . . h... YloIn.d In nondiscrimination or action oblipdonl under the luthotltle. abo.... should CO/lUc< immediately:
The Office 01 Fe de...1Contract Compliance Progr-lnu (OFCCP). Employment Standard. Admini.tratlon.
u.s. Department of L.bor,
200 Conlci.ution Avenue, N.W., V'hlhirllton, D.C.1021O or call
(LOll 693·0101, 0" In OFCCP rezlonal or dimiCt office. lined in
molt telephone d~le. und er U.S. Gove<nmcn., DOf'artm_ oIlaOor.

Private Employme nt. State and Local Governments, Educatiunal Insli tutions
Applicants to and employees of most priYIte employer$, sra,e .nd 10callovernmet>tl.edua.tlon~1 in.tilutioru. employment "'IcnVes and labor orpnlz.alionl are p..."ectcd under .he following Federal law.:
RACE, COLOR. RELIGION, SEX. NATIONAL ORIGIN
TI~tV11 Or the Civil Right$Act or 1'64, as amtnded, prohlbEU dl.uimin.tion In hlrin" prorrIO<ion.dlscha'se,~, flinSe belleHIS. jot> train in" ciUlllita lion, ",f~r..I, and oth.".. upectl or employment. on the basis of race, color, reli, ;or,.•e" or national or~in.
DISABILITY Th. American. with Di..billtinA<t 011'90, .... amended,protects qualifoed oppHcana ...d emploreu with di... bllidn lrom dlscrlm· Inulon in hi'in" prcmotion. di.ch~r,e.~, job tralnln" Iring" benefits, d u sir.codon. ~erral, and other ISpettI of empioyrnen. on me bui. or di..bility. The law .Iso ~ulres thal covoored enti<;/eo provide qualified applk.nts and emplo)'«s with di...bilities with
re:uonable accommodations that 00 "0'< impose undue h"nJ, hip.
AGO The Ate D,scr imination in Employmcn.Act of 1967, u amende d, protects appll(:l.nt$ and tmployees oW yurl 01 age or older from
discrimination on the b.... of age In hiri"" prcmotion. discharge, compen.atlon, termS, conditlO<1I or pri>'llege. 01 employment.
SEX (WAGES)
In addition 10 Ie.. dllQ'imination prollibiled byTllieVIl of the eM) RightsAct of 1~6-4.as .mended (see at>ove),the Equa l PzyAct 01 1163.... amcockd,prohiblt$ .... discrimination In payment of wage. 10 women .nd men performin: subm,m blly e<ju>l wori< in the o.une tsubll.hmwt.
Retal;.tIon a,aln>t a person who m.. " ch¥f;e of discrimination,
p.rtlclj>;lte. In an I"""s<l(>.<ion, .... of>90.es an unlawful employmen, practice Is pro~ibited by all olthe•• F. deralliWs.
If you bel i. "" that you hiNt b.en dl"rimina<ed apln" under any of tht aoo.e I_I, )'0\1 should to/lUcl Immedll1ely:
The U.S. Equal Employment Opportunity Commission (EEOC), 1801 L Street. N.W.,%Ihlnawn, D.C. 20507 or .... EEOC field office by (:I.liIn, <oil rree (800) 669-4000. For Individu.ls with hearlnt Im~lrmenu,EEOC'. toll,.."., TDD n..."ber Is (800) 669-4820,

Programs OJ'
Activities Rece iving
Federal Financial
Assistance
RACE,COLOR,RELIGION, NATIONAL ORIGIN, SEX
In addition 10 the protection of Title VII of do, CMI Rlghu Act or 196-4. u amend ed, TilleVI 01 the Civil RI,t.U At< prohibits discrimination on me basis of r-lce, colo' or nl tiol\al origin In program, or aClMties recel~;ng Fe deral finanCIal ....sistance. Employment dU<:rlmlnalion I. covered by Tide VI il the primary oblec.lve of the ~n~'><;I~1 ..... i.tanc. II provi.ion of employm ...t. or whe"e employm ent dilCrimlnation (:I.u". 01' ml)' ause dllcrimin..tion in providing .ervic~s under such 1''''gnm•. Title IX of the Edllcation Anu:ndmenu of 19n prohibits cmplOym<!'l'll di.uimil>'tion 011 the basil of.cx In educ:adon:ai program. 01' .ctiviti~I which ,ccc<w, Fedcnl assl.Qncl .
IND IV IDUALS WITH DISABILITIES
S,mlons SOl, 50<1 ~nd 505 of the Rehabillation At! or 1973, a• •mended. prohibltl employment disc<iminltion on do e basi' of di,.bil. It)' II> any Pf'Otl7o'n or actl.~ wllich receive. fed"",1 f.nanc;'1 asslstllllCe in the rederal covemment. Dls",mlnation;s prohibited in all.,peas of employmcm ag,ain.. P","SON with dl..bllitle.s who, with reasonable accommodation, an perform the en"ntl:oJ function. Ofl job.
If you belie.... you have be... dlscrimlnuMl aplnsc in a prollram of any institution ...mlch receive> F.der,1 ... Istance, you .hould ~ont;o(t Immedlouly the I'tderal "'Iency providing such ~ssbtan(..

 
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U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:06-cv-02106

CLOSED

Equal Employment Opportunity Commission v. Shipley Donut Flour & Supply Co., Inc. Assigned to: Judge Keith P Ellison Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 06/22/2006 Date Terminated: 09/24/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Rodolfo Lucio Sustaita EEOC Senior Trial Attorney 1919 Smith St 7th Fl Houston, TX 77002 713-209-3400 Fax: 713-209-3402 Email: rudy.sustaita@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Shipley Donut Flour & Supply Co., Inc. doing business as Shipley Do-Nuts

represented by Jeffrey C Londa Ogletree Deakins et al 500 Dallas Ste 3000 Houston, TX 77002 713-655-5750 Fax: 713-655-0020 Email: jeffrey.londa@ogletreedeakins.com TERMINATED: 03/20/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa S Valderrama Jackson Lewis LLP 1415 Louisiana Houston, TX 77002-7332 713-568-7868 Fax: 713-650-0405fax Email: valderrt@jacksonlewis.com

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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brandi Cherie Sablatura Baker Botts LLP 910 Louisiana St Houston, TX 77002 713-229-1222 Fax: 713-229-7922 Email: brandi.sablatura@bakerbotts.com ATTORNEY TO BE NOTICED
Robert L Ivey Ogletree Deakins et al 500 Dallas St Ste 3000 Houston, TX 77002 713-655-5755 Fax: 713-655-0020 Email: bob.ivey@ogletreedeakins.com ATTORNEY TO BE NOTICED
Virginia Mixon Swindell Baker and Botts 910 Louisiana Ste 3000 Houston, TX 77002 713-229-1189 Fax: 713-229-2794 Email: virginia.swindell@bakerbotts.com ATTORNEY TO BE NOTICED

Date Filed 06/22/2006
06/22/2006 06/22/2006
06/27/2006

#

Docket Text

1 COMPLAINT against Shipley Donut Flour & Supply Co., Inc. (Filing fee $ 350) filed by Equal Employment Opportunity Commission.(lusmith, ) Additional attachment(s) added on 6/23/2006 (lfilmore, ). Additional attachment(s) added on 6/23/2006 (lfilmore, ). (Entered: 06/22/2006)
Summons Issued as to Shipley Donut Flour & Supply Co., Inc. , filed.(lusmith, ) (Entered: 06/22/2006)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/6/2006 at 10:45 AM in Room 8613 before Judge Keith P Ellison. ( Signed by Judge Keith P Ellison ) Parties notified. (lusmith, ) (Entered: 06/22/2006)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(mmarch, ) (Entered: 06/28/2006)

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07/31/2006 09/21/2006 09/22/2006 09/29/2006 10/02/2006
10/03/2006 10/03/2006 03/19/2007 03/20/2007
06/01/2007 06/25/2007 08/08/2007 08/08/2007

4 ANSWER to Complaint by Shipley Donut Flour & Supply Co., Inc., filed.(Londa, Jeffrey) (Entered: 07/31/2006)
5 Defendant's Disclosure of Interested Parties by Shipley Donut Flour & Supply Co., Inc., filed.(Ivey, Robert) (Entered: 09/21/2006)
6 JOINT DISCOVERY/CASE MANAGEMENT PLAN by all defendants, filed.(Londa, Jeffrey) (Entered: 09/22/2006)
7 SUMMONS Returned Executed as to Shipley Do-Nuts c/o L W Shipley, III Registered Agent, filed.(sbyrum, ) (Entered: 10/02/2006)
8 SCHEDULING/DOCKET CONTROL ORDER: ETT: 4-5 Days. Jury. Joinder of Parties due by 10/13/2007; Pltf Expert Report due by 4/15/2007; Deft Expert Report due by 6/1/2007; Discovery due by 7/31/2007; Dispositive & Non-Dispositive Motion Filing due by 8/15/2007; Joint Pretrial Order & Motions In Limine due by 9/17/2007. Jury Selection & Trial set for 9/24/2007 at 08:30 AM in Courtroom 8C before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 10/02/2006)
9 ORDER CANCELLING INITIAL CONFERENCE. Initial Conference set for 10/6/2006 at 10:45 AM is now CANCELED.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 10/03/2006)
10 INITIAL DISCLOSURES by Equal Employment Opportunity Commission, filed.(sbyrum, ) (Entered: 10/04/2006)
11 Unopposed MOTION to Substitute Attorney Teresa S. Valderrama in place of Jeffrey C. Londa by all defendants, filed. Motion Docket Date 4/9/2007. (Attachments: # 1 Proposed Order)(Valderrama, Teresa) (Entered: 03/19/2007)
12 Order GRANTING 11 Unopposed Motion to Substitute Attorney Teresa S. Valderrama in place of Jeffrey C. Londa, Attorney Jeffrey C Londa terminated.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 03/20/2007)
13 DESIGNATION OF EXPERT WITNESS LIST by Shipley Donut Flour & Supply Co., Inc., filed.(Valderrama, Teresa) (Entered: 06/01/2007)
14 MEMORANDUM & ORDER. Dispositive Motion Filing due by 8/8/2007. Responses due by 8/30/2007. Replies due by 9/6/2007 ( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 06/25/2007)
15 Opposed MOTION for Summary Judgment by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 8/28/2007. (Valderrama, Teresa) (Entered: 08/08/2007)
16 APPENDIX re: 15 Opposed MOTION for Summary Judgment by Shipley Donut Flour & Supply Co., Inc., filed. (Attachments: # 1 Exhibit 1 & 2# 2 Exhibit 3 & 4# 3 Exhibit 5# 4 Exhibit 6 & 7# 5 Exhibit 8 - 11# 6 Exhibit 12 - 16# 7 Exhibit 17 - 20# 8 Exhibit 21 - 23# 9 Exhibit 24# 10 Exhibit 25 & 26# 11 Exhibit 27# 12 Exhibit 28 - 31# 13 Exhibit 32# 14 Exhibit 33)(Valderrama, Teresa) (Entered: 08/08/2007)

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08/30/2007 08/30/2007 08/30/2007 08/30/2007 08/30/2007 08/30/2007 09/04/2007 09/04/2007 09/06/2007 09/06/2007 09/06/2007 09/06/2007
09/09/2007

17 RESPONSE in Opposition to 15 Opposed MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Appendix# 2 Proposed Order Order)(Sustaita, Rodolfo) (Entered: 08/30/2007)
18 EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 08/30/2007)
19 EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit Ex B)(Sustaita, Rodolfo) (Entered: 08/30/2007)
20 EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 # 2 # 3)(Sustaita, Rodolfo) (Entered: 08/30/2007)
21 EXHIBITS re: 17 Response in Opposition to Motion by Equal Employment Opportunity Commission, filed. (Attachments: # 1 # 2 Affidavit)(Sustaita, Rodolfo) (Entered: 08/30/2007)
22 MOTION to Strike 15 Opposed MOTION for Summary Judgment Exhibits by Equal Employment Opportunity Commission, filed. Motion Docket Date 9/19/2007. (Attachments: # 1 Proposed Order)(Sustaita, Rodolfo) (Entered: 08/30/2007)
23 ORDER SETTING HEARING. Motion Hearing set for 9/11/2007 at 10:30 AM in Chambers, Room 3716 before Judge Keith P Ellison. Parties should be prepared to discuss the pending Motion for Summary Judgment.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 09/04/2007)
24 NOTICE of Resetting. Motion Hearing set for 9/11/2007 at 10:30 AM has been reset to 9/10/2007 at 02:30 PM in Chambers, Room 3716 before Judge Keith P Ellison, filed. Parties notified. (csonnier, ) (Entered: 09/04/2007)
25 RESPONSE in Opposition to 22 MOTION to Strike 15 Opposed MOTION for Summary Judgment Exhibits, filed by Shipley Donut Flour & Supply Co., Inc.. (Attachments: # 1 Proposed Order)(Valderrama, Teresa) (Entered: 09/06/2007)
26 EXHIBITS re: 25 Response in Opposition to Motion by Shipley Donut Flour & Supply Co., Inc., filed.(Valderrama, Teresa) (Entered: 09/06/2007)
27 MOTION to Strike 17 Response in Opposition to Motion (Strike Portions of Affidavit Exhibits) by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 9/26/2007. (Attachments: # 1 Exhibit # 2 Proposed Order)(Valderrama, Teresa) (Entered: 09/06/2007)
28 REPLY in Support of 15 Opposed MOTION for Summary Judgment, filed by Shipley Donut Flour & Supply Co., Inc.. (Attachments: # 1 Exhibit Index & Ex. 1-2# 2 Exhibit 3-4# 3 Exhibit 5-7# 4 Exhibit 8-9# 5 Exhibit 10-11# 6 Exhibit 12-14# 7 Exhibit 15-20# 8 Exhibit 21-24# 9 Exhibit 25-26# 10 Exhibit 27-28)(Valderrama, Teresa) (Entered: 09/06/2007)
29 RESPONSE in Opposition to 27 MOTION to Strike 17 Response in Opposition to Motion (Strike Portions of Affidavit Exhibits) MOTION to Strike 17 Response

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09/10/2007 09/10/2007 09/17/2007 09/17/2007
09/17/2007 09/19/2007
09/19/2007 09/19/2007 09/19/2007 09/20/2007

in Opposition to Motion (Strike Portions of Affidavit Exhibits), filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order order)(Sustaita, Rodolfo) (Entered: 09/09/2007)
30 SURREPLY to 15 Opposed MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Sustaita, Rodolfo) (Entered: 09/10/2007)
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 9/10/2007. Counsel state their position with respect to 15 Defendant's Motion for Summary. The Court takes the matter under advisement. Appearances: Rodolfo Lucio Sustaita, Teresa S Valderrama, Brandi Sablatura.(Court Reporter: A. Manley), filed.(csonnier, ) (Entered: 09/10/2007)
31 MOTION in Limine by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Proposed Order Granting Motion in Limine# 2 Exhibit A-Brief in Support Points 17 and 18# 3 Exhibit B-Brief in Support of 29 and 30)(Gautreaux, Brandi) (Entered: 09/17/2007)
32 Joint Proposed Pretrial Order by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G Joint Statement# 8 Exhibit Exhibit G Plt's Jury Charge# 9 Exhibit Exhibit G Def Jury Charge# 10 Exhibit Exhibit H# 11 Exhibit Exhibit I)(Sustaita, Rodolfo) (Entered: 09/17/2007)
33 MOTION in Limine by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/9/2007. (Sustaita, Rodolfo) (Entered: 09/17/2007)
34 Opposed MOTION to Compel Production of Documents for Trial or in the Alternative, MOTION to Dismiss by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Proposed Order)(Valderrama, Teresa) Motion to Dismiss added on 9/27/2007 (ltien, ). (Entered: 09/19/2007)
35 Opposed MOTION to Strike 32 Proposed Pretrial Order, (Previously Undisclosed Witnesses on EEOC's Witness List) by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/9/2007. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order)(Valderrama, Teresa) (Entered: 09/19/2007)
36 NOTICE of Objections to Plaintiff's Exhibits re: 32 Proposed Pretrial Order, by Shipley Donut Flour & Supply Co., Inc., filed. (Attachments: # 1 Proposed Order on Defendant's Objections to Plaintiff's Exhibits)(Valderrama, Teresa) (Entered: 09/19/2007)
37 ORDER denying 15 Motion for Summary Judgment; denying as moot 22 Motion to Strike; denying as moot 27 Motion to Strike.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 09/19/2007)
38 ORDER SETTING HEARING. Motion Hearing set for 9/20/2007 at 02:30 PM in Chambers, Room 3716 before Judge Keith P Ellison. Parties should be prepared to discuss the pending motions.( Signed by Judge Keith P Ellison ) Parties notified.(csonnier, ) (Entered: 09/20/2007)

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09/20/2007 09/20/2007 09/20/2007
09/21/2007 09/21/2007 09/21/2007 09/21/2007 09/24/2007

39 MOTION to Strike 32 Proposed Pretrial Order, Def's Exhibits by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/10/2007. (Attachments: # 1 Proposed Order Order)(Sustaita, Rodolfo) (Entered: 09/20/2007)
40 PRETRIAL MEMORANDUM by Equal Employment Opportunity Commission, filed.(Sustaita, Rodolfo) (Entered: 09/20/2007)
Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 9/20/2007 33 MOTION in Limine, 31 MOTION in Limine, 34 Opposed MOTION to Compel Production of Documents for Trial, 39 MOTION to Strike 32 Proposed Pretrial Order, Def's Exhibits, 35 Opposed MOTION to Strike 32 Proposed Pretrial Order, (Previously Undisclosed Witnesses on EEOC's Witness List)Opposed MOTION to Strike 32 Proposed Pretrial Order, (Previously Undisclosed Witnesses on EEOC's Witness List). Rulings on motions were made on the record in open Court. Any rulings not made in today's hearing will be made as they arise in the course of trial. Appearances:(Law Clerk: John Lavinsky) Timothy Bowne. Brandi Cherie Gautreaux, Rodolfo Lucio Sustaita, Teresa S Valderrama.(Court Reporter: Warner), filed.(svaught) (Entered: 09/20/2007)
41 MOTION for Reconsideration of 31 MOTION in Limine by Shipley Donut Flour & Supply Co., Inc., filed. Motion Docket Date 10/11/2007. (Swindell, Virginia) (Entered: 09/21/2007)
42 PROPOSED ORDER re: 41 MOTION for Reconsideration of 31 MOTION in Limine, filed.(Swindell, Virginia) (Entered: 09/21/2007)
43 SUPPLEMENTAL MOTION in Limine by Shipley Donut Flour & Supply Co., Inc., filed. (Attachments: # 1 Proposed Order)(Swindell, Virginia) Modified on 9/27/2007 (ltien, ). (Entered: 09/21/2007)
44 Joint MOTION for Settlement by Equal Employment Opportunity Commission, filed. Motion Docket Date 10/11/2007. (Attachments: # 1 Proposed Order Consent Decree)(Sustaita, Rodolfo) (Entered: 09/21/2007)
45 CONSENT DECREE.( Signed by Judge Keith P Ellison ) Parties notified.(svaught) (Entered: 09/24/2007)

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