Case 2:04-cv-00364 Document 1-1 Filed 09/28/2004 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

FILED
lOU~ StP 28 A II: 4c

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

U.S O!:·F'>ICT COURT L\S TU.N [;iST TEN,I.f.

Plaintiff,

CTVIL ACTION rJCf--·-- · "r::; ~:: r·I?K
~ :C>4 ·C.V -3(,~

v.

COMPLAINT

AFG INDUSTRIES, INC.

JURY TRIAL DEMAND

Defendant.

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of

1964, as amended ("Title VII"), and Title I of the Civil Rights

Act of 1991 to correct unlawful employment practices and to

provide appropriate relief to Mr. Terry R. Johnson who has been

adversely affected by such practices. The Commission alleges

that Defendant, AFG Industries, Inc., failed to reasonably

accommodate Mr. Johnson's sincerely held religious belief that he

could not work on his Sabbath and discharged him because of his

religion, Seventh Day Adventist.

JURISDICTION

1. Jurisdiction of this Court is invoked pursuant to 28

U.S.C. §§451, 1331, 1337, 1343, and 1345. This is an action

authorized and instituted pursuant to §706(f) (1) and (3) of Title

VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.

§2000e,

{ n Tit 1 e VI I 11 ) •

Case 2:04-cv-00364 Document 1-1 Filed 09/28/2004 Page 2 of 6
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastern District of Tennessee, Northeastern Division at Greeneville, Tennessee.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (ncommission") is an 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 9706 (f) (1) and (3) of Title VII 1 42 U.S.C. 92000-5 (f). 4. At all relevant times/ Defendant 1 AFG Industries/ Inc., was a foreign corporation doing business in the State of Tennessee and has continuously had at least fifteen (15) employees. 5. At all relevant times/ Defendant has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of 9701(b), (g), and (h) of Title VII 1 42 U. S . c . 9 2 000e (b) , (g) , and (h) .
STATEMENT OF CLAIMS 6. More than thirty (30) days prior to the institution of this lawsuit/ Terry R. Johnson filed a charge with the Commission alleging that AFG Industries, Inc. engaged in employment practices which violate Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled.
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Case 2:04-cv-00364 Document 1-1 Filed 09/28/2004 Page 3 of 6
7. Terry R. Johnson was employed as a Tech II at defendant's corporate facility in Kingsport, Tennessee.
8. In about late 2000 or early 2001, Mr. Johnson returned to the active practice of his Seventh Day Adventist beliefs.
9. In about mid-April, 2001, Mr. Johnson's supervisor assigned him to a crew beginning a project on April 30, 2001. On or about April 26, 2001, Mr. Johnson gave his supervisor written notice that he was a practicing Seventh Day Adventist and had a sincerely held religious belief that he could not work on his Sabbath, sundown Friday to sundown Saturday. He asked his supervisor for Saturday May 4, 2001 off of work as a reasonable accommodation of his religious bel f.
10. The supervisor refused to accommodate Mr. Johnson's sincerely held religious belief by allowing him to take Saturday May 4, 2001 off from work or to swap assignments with another Tech not scheduled for that Saturday.
11. Mr. Johnson traveled to Louisiana with the crew but did not go to work on Saturday May 4, 2001.
12. When Mr. Johnson returned to work in Kingsport, Tennessee on about May 9, 2001, the supervisor discharged him for failing to work his scheduled hours.
13. The practices complained of above are in violation of §§ 701(j) and 703(a) of Title VII, as amended, 42 U.S.C. §§ 2000e-(j) and 2(a).
3

Case 2:04-cv-00364 Document 1-1 Filed 09/28/2004 Page 4 of 6

14. The effect of the practices complained of above has

been to deprive Mr. Johnson of equal employment opportunities and

otherwise adversely affect his status as an employee because of

his religion.

15. The unlawful employment practices complained of above

were and are intentional.

16. Mr. Johnson suffered emotional and psychological harm

because defendant failed to accommodate his sincerely held

religious belief and discharged him because of his religion,

Seventh Day Adventist.

17. Defendant at all relevant times has been acting with

malice or reckless indifference to the federally protected rights

of Mr. Johnson.

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully prays 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 any employment

practice which discriminates because of religion.

B. Order Defendant to institute and carry out policies,

practices and programs which provide equal employment

opportunities for employees with sincerely held religious beliefs

which eradicate the effects of its past and present unlawful

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Case 2:04-cv-00364 Document 1-1 Filed 09/28/2004 Page 5 of 6
employment practices.
c. Order Defendant to make whole Mr. Johnson by providing
appropriate back pay with prejudgment interest, in an amount to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices, including but not limited to rightful place hiring.
D. Order Defendant to make whole Mr. Johnson by providing compensation for pecuniary losses, including but not limited to costs to be incurred for the costs of seeking new employment, in an amount to be determined at trial.
E. Order Defendant to make whole Mr. Johnson by providing compensation for nonpecuniary losses, including emotional pain, suffering, inconvenience and mental anguish in amounts to be proven at trial.
F. Order Defendant to pay punitive damages to Mr. Johnson for its malicious and/or reckless conduct, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper.
H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the Complaint.
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Case 2:04-cv-00364 Document 1-1 Filed 09/28/2004 Page 6 of 6

Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

KATHARINE W. KORES TN Bar No. 6283 Regional Attorney

~bw---

FA E ILLIAMS

TN Bar No. 11730

Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 Telephone: (901) 544-0088

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
50 Vantage Way, Suite 202 Nashville, Tennessee 37228 Telephone: (615) 736-2105
6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE NORTHEASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

)

TERRY R. JOHNSON,

)

Applicant for Intervention, )

)

vs.

) CIVIL ACTION NO. 02:04-CV-364

)

AFG INDUSTRIES, INC.

)

Defendant.

)

)

INTERVENER’S COMPLAINT

COMES NOW Terry R. Johnson for his cause of action against the Defendant as follows: The Nature of the Action
1. This is an action seeking redress for discrimination in employment based on religion as prohibited by Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. 20003 et. Seq. (Title VII).
2. Intervener-Plaintiff Terry R. Johnson (Intervener-Plaintiff) is a citizen of the United States of America and a resident of the state of Tennessee.
3. Defendant AFG Industries is a person within the meaning of 42 U.S.C. Section 2000e (a) and an employer within the meaning of 42 U.S.C. Section 2000e (b).
4. At all relevant times Defendant has continuously been doing business in the state of Tennessee and has had at least fifteen (15) employees.
5. Jurisdiction of the Court arises under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. Section 2000e, et. seq. (Title VII).

6. Intervener-Plaintiff timely filed a charge of discrimination against the Defendant with the Equal Employment Opportunity Commission (EEOC), which organization administers Title VII of the Civil Rights Act of 1964. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. On or about September 28,2004, EEOC commenced this lawsuit. 8. Intervener-Plaintiff was hired by defendant as an employee within the meaning of 42 U.S.C. 2000e (f). 8. During all times relevant hereto, Intervener-Plaintiff was a member of the Seventh-day Adventist Church, and in conformity with both church doctrine and personal conviction keeps holy as the Sabbath the time period from sunset Friday to sunset Saturday. 9. Intervener-Plaintiff advised the Defendant that Intervener-Plaintiff could not work on his Sabbath and described the time period covered. After Defendant scheduled Intervener-Plaintiff to work during his Sabbath, Intervener-Plaintiff requested accommodation of his religious beliefs and practices. 10. Defendant refused to accommodate Intervener-Plaintiff’s religious beliefs and practices, although such accommodation was possible without undue hardship on the conduct of Defendant’s business. 11. When Intervener-Plaintiff was unable to work during the hours of his Sabbath, as scheduled by the Defendant, he was discharged from employment. 12. The unlawful employment practices complained of above were intentional and committed with reckless indifference and callous disregard for Intervener-Plaintiff’s rights. WHEREFORE, Intervener-Plaintiff prays that this Court:
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1. Find that Defendant has engaged in unlawful employment practices with respect to Intervener-Plaintiff.
2. Enjoin Defendant from engaging in such unlawful employment practices. 3. Order Defendant to make whole Intervener-Plaintiff by providing appropriate back pay with prejudgement interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. 4. Order Defendant to make whole Intervener-Plaintiff by providing him compensation for past and future pecuniary losses resulting from the unlawful employment practices complained of herein, including job search expenses and other miscellaneous expenses, in amounts to be determined at trial. 5. Order Defendant to pay Intervener-Plaintiff punitive damages for its malicious and reckless conduct described above, in amounts to be determined at trial. 6. Order Defendant to expunge all disciplinary actions from Intervener-Plaintiff’s personnel file. 7. Order Defendant to reinstate Intervener-Plaintiff employment. 8. Order Defendant to pay all of Intervener-Plaintiff’s costs in this action. 9. Award Intervener-Plaintiff his reasonable attorney’s fees as part of IntervenerPlaintiff’s costs in this action. 10. Order or adjudge such other and further relief as it deems just and proper.
JURY TRIAL DEMAND Intervener - Plaintiff requests a jury trial on all questions of fact raised by his Complaint.
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Entered this 26th of January, 2005..
Respectfully submitted,
/s Glenn T. McColpin Glenn T. McColpin, TN BPR# 1004 Attorneys for Intervener-Plaintiff McColpin & Coffman 829 McCallie Avenue Chattanooga, Tennessee 37403 (423) 756 0444
CERTIFICATE OF SERVICE
I hereby certify that on the 26th day of January, 2005, a copy of the foregoing document was filed electronically. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court’s electronic filing system.
Sally Ramsey, Esquire Equal Employment Opportunity Commission 50 Vantage Way, Suite 202 Nashville, Tennessee 37228-9940
William C. Bovender, Esquire Hunter, Smith & Davis 1212 N. Eastman Road P. O. Box 3740 Kingsport, Tennessee 37664
/s Glenn T. McColpin Glenn T. McColpin, TN BPR #1004 829 McCallie Avenue Chattanooga, Tennessee 37403 (423) 756-0444
4

5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and
TERRY R. JOHNSON,
Intervenor,
v.
AFG INDUSTRIES, INC.
Defendant.

)

)

)

) CIVIL ACTION NO. 02:04-CV-364

)

)

)

Judge Greer

)

Magistrate Judge Inman

)

)

)

JURY TRIAL DEMAND

)

)

)

CONSENT DECREE
This civil action was instituted by the Equal Employment Opportunity Commission (the "Commission") against AFG Industries. Inc., pursuantto Title VII of the Civil Rights Act
of 1964, as amended. 42 U.S.C § 2000e. et seq., and Title I of the Civil Rights Act of 1991,
to remedy the unlawful employment practices alleged in the Complaint filed on September 28, 2004. Terry R. Johnson intervened in this action on January 13, 2005.
The Complaint alleged that AFG Industries, Inc., failed to reasonably accommodate Mr. Terry R. Johnson's sincerely held religious belief that he could not work on his Sabbath and discharged him because of his religion, Seventh Day Adventist.
Defendant denies that it discriminated against Terry R. Johnson. The Commission, Terry R. Johnson, and AFG Industries, Inc., have agreed to this Consent Decree to settle all of the claims involved in this lawsuit. This Consent Decree does not constitute an

admission by the Defendant of the allegations in the complaint. The parties to this action
desire to avoid the additional expense and delay in the litigation of this case. In the event this Consent Decree is not approved or does not become final, it shall
not be admissible in evidence in any subsequent proceeding in this action. This Decree constitutes the complete and exclusive agreement between the
Commission, Terry R. Johnson, and AFG Industries, Inc.• with respect to the matters referred to herein. No waiver, modification or amendment of any provision of this Decree shall be effective unless made in writing. No representations or inducements to compromise this action have been made between the parties hereto, other than those recited or referenced in this Decree.
The Court has reviewed the terms of this Consent Decree in light of the applicable laws and regulations, the representations of counsel for all parties, and hereby approves the Consent Decree.
It is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Eastern District of Tennessee, at Greeneville, has jurisdiction over the parties and the subject matter of this litigation and will retain jurisdiction over this Decree for the purposes of enforcement and dispute resolution.
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II. SCOPE OF DECREE
A. This Consent Decree resolves all issues and claims arising out of the Commission's complaint in this case, Civil Action No. 2:04-CV-364, alleging unlawful employment practices by Defendant based on Charge No 253-2002-0111 filed' by Terry Johnson. This Consent Decree shall not be considered in any manner to be dispositive of any other charge which is or may be pending before any office of the Commission other than Charge No. 253-2002-0111.
B. The provisions of this Consent Decree shall be effective and binding upon the parties to this action for three years after the date of its entry by the Court.
III. INJUNCTIVE RELIEF A. Defendant, its officers, agents, employees, and all persons acting in concert with Defendant are hereby enjOined from engaging in any employment practice which has the purpose or effect of discriminating against any employee on the basis of religion pursuant to Title VII of the Civil Rights Act of 1964, as amended. B. Defendant, its officers, agents, employees, and all persons acting in concert with Defendant are hereby enjoined from engaging in any employment practice which has the purpose or effect of retaliating against any employee or applicant for employment for participating in any proceeding under Title VII or for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
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IV. TRAINING
Defendant shall provide employment·discrimination awareness training to all supervisory and management personnel related to engineering services at the two float plants in Kingsport, Tennessee, and all supervisory personnel at those plants, according to the following terms:
(a) The training session will include at least two (2) hours of instruction. (b) The training will include the following topics: Title VII of the Civil Rights Act of 1964, including religion discrimination; how to prevent, identify and remedy religion discrimination; what constitutes reasonable accommodation for religion; what constitutes retaliation in violation of Title VII. (c) The training will be conducted by an outside trainer to be chosen by Defendant. (d) Within thirty (30) days after execution of this Consent Decree by the parties, Defendant shall submit to the Commission the date of the proposed training session and a detailed outline of the proposed training. The Commission will have thirty (30) days after the date of receipt of such information to accept or reject the training proposal, including the proposed trainer. The Commission will not unreasonably withhold its approval of the proposal. If the Commission does not approve the contents of the training session, the parties shall attempt to resolve the matter and, if unsuccessful, submit the dispute to the Court. (e) The training session will be conducted within one hundred eighty (180) days after the date of the entry of this Consent Decree by the Court or within sixty (60) days of approval of the outline or resolution of disputes relating to same as set forth in (d) above, whichever occurs later.
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V. INDIVIDUAL RELIEF
A. In compromise and settlement of these disputed claims, Defendant agrees to pay $65.000.00 compensatory damages to Terry R. Johnson. The payment is not an admission of liability by AFG. Rather, it is for purpose of resolving a highly disputed claim.
B. Within 21 days of the entry of this decree, Defendant shall deliver a check to Terry R. Johnson at a mutually agreed time and place. The Defendant shall also mail a copy of the check to:
Katharine Kores, Regional Attorney Equal Employment Opportunity Commission 1407 Union Avenue. Suite 621 Memphis, Tennessee 38104 C. Within ten days after approval and entry of this Decree by the Court, Defendant shall expunge the personnel records of Terry R. Johnson to remove any adverse or negative reference regarding his employment at A F G Industries, Inc., that in any manner relates to his refusal to work on his Sabbath.
VI. COSTS Each of the parties shall bear its own costs and attorneys fees.
IT IS SO ORDERED THIS 2-"ttb DAY OF ~ t.•..t 2005.
RONNIE GREER U ted States District Court Judge
5

FOR THE DEFENDANT:

e.. ...Llr..S.~\,I...J.Jo..~~r..u..a.llloQlC,""--¥, V&--

WILLIAM BOVENDER

~~

TN BPR # 00751

Hunter, Smith & Davis

1212 N. Eastman Road

Kingsport, TN 37664

(423) 378-8800

FOR INTERVENOR:

~ 12501 Old Columbia Pike Silver Spring, MD 20904

FOR THE COMMISSION:
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
~~ LJ (<'Cte=4:=:=
KATHARINE W. KORES R gional Attorney

j:.1L'j):d~
GLENN McCOLPIN
TN BPR # 01004 McColpin & Caughlin
829 McCallie Avenue
Chattanooga, TN 37403
(423) 756-0444

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1407 Union Avenue, Suite 621 Memphis, Tennessee 38104 (901) 544-0088
l Senior Tri Attorney
TN BPR # 18859
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 50 Vantage Way, Suite 202 Nashville, TN 37228 (615) 736-2105

6

 
 U.S. District Court - CM/ECF Live Database - Docket Report

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CLOSED, JGB, MEDIATION, SETTLED
U.S. District Court (Live Database) U.S. District Court - Eastern District of Tennessee (Greeneville)
CIVIL DOCKET FOR CASE #: 2:04-cv-00364

Equal Employment Opportunity Commission v. AFG Industries, Date Filed: 09/28/2004

Inc

Date Terminated: 09/29/2005

Assigned to: Honorable J Ronnie Greer

Jury Demand: Both

Referred to: Magistrate Dennis H Inman

Nature of Suit: 444 Civil Rights: Welfare

Cause: 42:2003 Job Discrimination

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Faye A Williams United States of America-EEOC-Memphis Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0088 Fax: 901-544-0111 Email: faye.williams@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katharine W Kores United States of America Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104 901-544-0140 Fax: 901-544-0111 Email: katharine.kores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Ramsey United States of America Equal Employment Opportunity Commission 50 Vantage Way Suite 202 Nashville, TN 37228 615-736-5824 Email: sally.ramsey@eeoc.gov LEAD ATTORNEY

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Intervenor Plaintiff Terry R Johnson
V. Defendant AFG Industries, Inc

https://ecf.tned.uscourts.gov/cgi-bin/DktRpt.pl?684444474213269-L_3...
ATTORNEY TO BE NOTICED
represented by Glenn T McColpin McColpin & Coffman 829 McCallie Avenue Chattanooga, TN 37403 423-756-0444 Email: mlcoffman@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michele L Coffman McColpin, Coffman and Woods, PLLC 829 McCallie Avenue Chattanooga, TN 37403 423-756-0444 Fax: 423-756-0446 Email: mlcoffman@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mitchell A Tyner 12501 Old Columbia Pike Silver Spring, MD 20904 301-680-6686 Fax: 301-680-6329 Email: tynerm@gc.adventist.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William C Bovender Hunter, Smith & Davis P O Box 3740 Kingsport, TN 37664 423-378-8800 Fax: 423-378-8801 Email: bovender@hsdlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura A Steel Hunter, Smith & Davis P O Box 3740 Kingsport, TN 37664

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423-378-8800 Fax: 423-378-8801 Email: lsteel@hsdlaw.com ATTORNEY TO BE NOTICED

Date Filed 09/28/2004 12/13/2004 12/15/2004 12/28/2004
12/28/2004 12/29/2004 01/13/2005 01/13/2005 01/14/2005 01/20/2005 01/26/2005
01/26/2005

#

Docket Text

1 COMPLAINT against AFG Industries, Inc , filed by Plaintiff Equal Employment Opportunity Commission. Summons NOT ISSUED. (Attachments: # 1 Civil Cover Sheet)(KDO) (Entered: 09/29/2004)
2 NOTICE of Appearance by Michele L Coffman, Glenn T McColpin on behalf of Terry R Johnson (Attachments: # 1 Affidavit of Mitchell A Tyner)(RLC, ) (Entered: 12/14/2004)
3 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. AFG Industries, Inc waiver sent on 11/23/2004, answer due 1/24/2005. (RLC, ) (Entered: 12/21/2004)
4 MOTION to Strike Intervening Complaint by AFG Industries, Inc. (Attachments: # 1 Memorandum In Support of Defendant's Motion to Strike Intervening Complaint# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Steel, Laura) (Entered: 12/28/2004)
5 CERTIFICATE OF CORPORATE INTEREST. (Steel, Laura) (Entered: 12/28/2004)
6 ORDER denying as irrelevant 4 Motion to Strike the intervening complaint, in accordance with this order . Signed by Judge Dennis H Inman on 12/29/2004. (RLC, ) (Entered: 12/29/2004)
7 MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)
8 MOTION to Intervene by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)
9 ORDER denying 7 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 1/14/2005. (RLC, ) (Entered: 01/14/2005)
10 ANSWER to Complaint with Jury Demand by AFG Industries, Inc.(Steel, Laura) (Entered: 01/20/2005)
11 ORDER granting 8 Motion to Intervene by Terry R. Johnson. The Court would once again point out that Mitchell A Tyner, Esq., one of Mr. Johnson's attorneys, has yet been admitted pro hac vice, and must do so before further appearing in this case. Signed by Judge Dennis H Inman on 1/26/2005. (RLC, ) (Entered: 01/26/2005)
First Intervenor COMPLAINT, filed by Terry R Johnson.(Coffman, Michele) DOCUMENT [12] NOT SIGNED - REFILED AND PDF DELETED - Modified on 1/26/2005 (RLC, ). (Entered: 01/26/2005)

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01/26/2005 01/28/2005 02/08/2005 02/08/2005 02/08/2005 02/10/2005 02/10/2005 02/14/2005 02/23/2005 03/03/2005 03/03/2005
09/15/2005 09/19/2005 09/29/2005
10/04/2005

13 Intervenor COMPLAINT, filed by Terry R Johnson.(Coffman, Michele) (Entered: 01/26/2005)
14 NOTICE of Hearing: Scheduling Conference set for 3/3/2005 09:00 AM before Honorable J Ronnie Greer. (Attachments: # 1 Notice of Availability of Magistrate Judge# 2 Sample Scheduling Order)(EBM, ) (Entered: 01/28/2005)
MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Attachments: # (1))(Coffman, Michele) INCORRECT DOCUMENT FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)
MOTION for Leave to Appear by Terry R Johnson. (Coffman, Michele) DOCUMENT [16] INCORRECTLY FILED - REFILED AND PDF DELETED Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)
17 MOTION for Leave to Appear by Terry R Johnson. (Attachments: # 1)(Coffman, Michele) (Entered: 02/08/2005)
Filing fee for pro hac vice appearance for Mitchell A Tyner received: $ 60.00, receipt number 14081 (FMM, ) (Entered: 02/10/2005)
18 ORDER granting 17 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 2/10/2005. (RLC, ) (Entered: 02/10/2005)
19 ANSWER to Intervenor Complaint by AFG Industries, Inc.(Steel, Laura) (Entered: 02/14/2005)
20 REPORT of Rule 26(f) Planning Meeting. (Ramsey, Sally) (Entered: 02/23/2005)
Minute Entry : Scheduling Conference held on 3/3/2005. (EBM, ) (Entered: 03/03/2005)
21 SCHEDULING ORDER: Jury Trial set for 4 days on 2/21/2006 at 09:00 AM in Courtroom 400 before Honorable J Ronnie Greer. Final Pretrial Conference set for 2/2/2006 at 09:00 AM before Honorable J Ronnie Greer. Dispositive Motions due by 10/21/2005. All motions in limine and objections must be filed by 1/17/2006, with responses due by 1/19/2006. Utilization of mediation deadline is 12/21/2005.Signed by Judge J Ronnie Greer on 3/3/2005. (RLC, ) (Entered: 03/03/2005)
22 Agreed Proposed Order (Consent Decree) by AFG Industries, Inc. (Steel, Laura) (Entered: 09/15/2005)
23 REPORT of Mediation from Robert Murrian, Mediator stating that case settled at mediation.(EBM, ) (Entered: 09/19/2005)
24 CONSENT DECREE: In compromise and settlement of these disputed claims, Defendant agrees to pay $65,000.00 compensatory damages to Terry R. Johnson. The payment is not an admission of liability by AFG. Each parties shall bear its own costs and attorneys fees.Signed by Judge J Ronnie Greer on 9/29/2005. (RLC, ) (Entered: 09/29/2005)
25 SUPPLEMENT Agreed Order to Dismiss by Terry R Johnson. (Woods, Rebecca) (Entered: 10/04/2005)

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10/06/2005

26 AGREED ORDER TO DISMISS: ORDERED that this case shall be dismissed with prejudice to all parties as to the refiling of the same; and costs are to be taxed against the Defendant.Signed by Judge J Ronnie Greer on 10/5/2005. (RLC, ) (Entered: 10/06/2005)

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