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

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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Plaintiff,

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GOLF GALAXY, INC.

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COMPLAINT

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Defendant.

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NATURE OF THE ACTION

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This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e et seq. ("Title VII"), and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a, to

correct unlawful employment practices on the basis of sex and retaliation and to provide

appropriate relief to Kelly Colonero ("Colonero"), a former employee of Golf Galaxy, Inc.

("Golf Galaxy"). Plaintiff, the U.S. Equal Employment Opportunity Commission (the

"Commission"), contends Defendant, Golf Galaxy, discriminated against Kelly Colonero

because of her sex and in retaliation for her opposition to sex discrimination, by SUbjecting her to

sexual harassment, and by retaliating against her and terminating her employment all in violation

of Title VII.

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), and

1

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Section 102 ofthe Civil Rights Act of 1991,42 U.S.c. §1981a. 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 Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity 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(£)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(£)(1) and (3). 4. At all relevant times, Defendant has continuously been and is now doing business in the State of Illinois and the Cities of Naperville and Downer's Grove and has continuously had at least fifteen (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. § 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Colonero 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. 7. Since at least August 2000, Defendant has engaged in unlawful employment practices at its facilities, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). These practices include, but are not limited to, engaging in intentional discrimination against Kelly Colonero by SUbjecting her to sexual harassment. These practices include, but are not
2

necessary to eradicate the effects of its unlawful employment practices; D. Order Defendant to make whole Kelly Colonero by providing compensation for
past and future pecuniary losses resulting from the unlawful employment practices described above, including, but not limited to, job search expenses;
E. Order Defendant to make whole Kelly Colonero by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, loss of enjoyment oflife and humiliation;
F. Order Defendant to pay Kelly Colonero punitive damages for its malicious and/or reckless conduct described, in amounts to be determined at trial;
G. Order Defendant and its successors to provide training to its officers, managers and employees regarding sexual harassment in the workplace;
H. Grant such further relief as the Court deems necessary and proper in the public interest; and
1. Award the Commission its costs in this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
4

limited to, Kelly Colonero being sexually harassed by her immediate supervisor. These practices also include, but are not limited to, taking adverse employment action against Kelly Colonero including interfering in her ability to perform the functions of her job and retaliating against Kelly Colonero for reporting discrimination on the basis of her sex, all in continuing violation of Section 703(a) and 704(a) ofTitie VII, 42 U.S.C. § 2000e-2(a) and 3(a).
8. The effect of the practices complained of in paragraph seven (7) above has been to deprive Kelly Colonero of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
9. The unlawful employment practices complained of in paragraph seven (7) above were and are intentional.
10. The unlawful employment practices complained of in paragraph seven (7) above were and are done with malice or with reckless indifference to the federally protected rights of Kelly Colonero.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, Golf Galaxy, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex; B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant to make whole Kelly Colonero by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief
3

v
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMI ION
Noelle Brennan Supervisory Trial Attorney
Lauren G. Dreilinger Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7526
5

Civil Cover Sheet

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UNITkD STATES DISTRICT COURWIDGE liNDBERG
NORTHERN DISTRICT OF ILLIN01S

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This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the Northern District ofIlliI19W·.,.._ ...... . ............
\VJAvISTRATE JUDGE BOBRICI

Plaintiff(s): EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Defendant(s): GOLF GALAXY, INC.

County of Residence:

County of Residence:

Plaintiffs Atty:

Noelle C. Brennan & Lauren G. Defendant's Atty: Dreilinger Equal Employment Opportunity Commission 500 W. Madison, Suite 2800 Chicago, IL 60661 312-353-7303

Durga M. Bharam Tressler, Soderstron, Maloney & Priess Sears Tower, Floor 22,233 S. Wacker, Chicago, IL 60606-6308

II. Basis of Jurisdiction:

1. U_S. Gov't Plai"66cKH£D

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III. Citizenship of Principle Parties (Diversity Cases Only)

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Title VII of the Civil Rights Act of 1964, as amendciF, 42 U~S.C. §

2000e et seq. ("Title VII"), and Title I ofthe Civil Rights .Act of

1991,42 U.S.c. § 1981a

VII. Requested in Complaint

Class Action:

Dollar Demand:
Jury Demand:Y6_..!\.\"-j ,tle1..l•.QI\d.?fJ6

VIII. This case IS NOT a refiling of a previously dismissed case.

Date:

9-25-01

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change it. Once correct. print this form, sign and date it and submit it with your new civil action. Note: You may need to adjust

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

In the Matter of

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IDENTIFICATION NUMBER (SEE JTEM 4 ON REVERSE)

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ARDC No. 06228901

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 IN THE UNITED STATES DISTRlCT COURT
IJOCI{HED FOR THE NORTHERN DISTRlCT OF ILLINOIS EASTERN DIVISION

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UNITED STATES EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION

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Plaintiff,

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and

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GOLF GALAXY, INC.

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Defendant.

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DEC 26 2002
01 C 7397 Judge George Lindberg

CONSENT DECREE THE LITIGATION 1. Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action alleging Defendant, GolfGalaxy, Inc. ("Defendant" or "GolfGalaxy"), violated Title VII ofthe Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., ("Title VII") by discriminating against Charging Party Kelly Colonero the basis of sex. Specifically, EEOC alleged that Defendant, at its Naperville, Illinois facility violated Title VII by subjecting Colonero to a sexually hostile work environment, retaliating against her for complaining about the harassment and constructively discharging Colonero. Golf Galaxy denies the allegations of the Complaint. 2. In the interest of resolving this matter and avoiding time and future costs of continuing the litigation and as a result ofhaving engaged in comprehensive settlement negotiations, the parties have agreed that this action should be finally resolved by entry of this Consent Decree ("Decree"). This Decree fully and finally resolves any and all issues and claims arising out of the Complaint filed by EEOC in this action.

2
FINDINGS 3. Having carefully examined the terms and provisions ofthis Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction of the subject matter of this action and of the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The right of the Complainant and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules ofCivil Procedure and Title VII and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of Kelly Colonero, Golf Galaxy, EEOC and the pUblic.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: NON-DISCRIMINATION
4. Defendant acknowledges its responsibility under Title VII to maintain a sexually hostile-free work environment and accordingly, Golf Galaxy, its officers, agents (including management personnel), successors, and assigns are enjoined from discriminating on the basis of sex.
NON-RETALIATION 5. Golf Galaxy, its officers, agents, employees, successors, assigns, and all persons acting in concert with it shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing

3
under Title VII, or asserted any rights under this Decree. EFFECT OF DECREE
7. By entering into this Consent Decree Defendant does not admit that it violated Title VII.
MONETARY RELIEF FOR COMPLAINANT 8. The total amount of money to be paid by Defendant is eighty thousand dollars ($80,000) for settlement for the damages claimed in this case. 9. Within five (5) business days after entry of this Decree, EEOC will mail a copy of the Release Agreement, attached as Exhibit A, and I.R.s. Form W-9 to Kelly Colonero. 10. Within five (5) business days after receipt by Colonero of the Release Agreement and I.R.S. Form W-9, Colonero shall mail the signed Release Agreement and completed I.R.S. Form W-9 to Lauren G. Dreilinger, EEOC, 500 West Madison Street, Suite 2800, Chicago, Illinois 6066l. II. Within five (5) business days after receipt of the Release Agreement and completed I.R.S. Form W-9, EEOC shall mail the signed Release Agreement and I.R.S. Form W9 to Durga Bharam, Tressler, Soderstom, Maloney & Priess, Sears Tower, 22nd Floor, 233 South Wacker Drive, Chicago, Illinois 60606-6308. 12. Within five (5) business days after receipt of the Release Agreement and completed I.R.S. Form W-9 Defendant will issue and tender to Kelly Colonero a payroll check in the amount often thousand dollars ($10,000) in back-pay minus applicable withholdings and a separate check(s) in the amount of seventy thousand dollars ($70,000) in other damages. Golf Galaxy (and/or its insurance company) shall issue Colonero an I.R.S. Form 1099misc for the

4
seventy thousand dollars ($70,000). EEOC shall provide Defendant with Colonero's current address.
POSTING OF NOTICE 13. Within five (5) business days after entry of this Decree, Golf Galaxy shall post a same-sized copy of the Notice attached as Exhibit B to this Decree at all facilities in the Chicagoland area supervised by District Manager Cathy Porto, prior to the entry ofthis Decree, including the stores in Naperville, Downer's Grove, Schaumburg, Vernon Hills, and Orland Park, Illinois and at its Retail Support Office in Minnesota in a conspicuous location easily accessible to and commonly frequented by employees of Golf Galaxy. The Notice shall remain posted for two (2) years from the date of entry ofthis Decree. Golf Galaxy shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Golf Galaxy shall certify to EEOC in writing within ten (10) business days after entry ofthe Decree that the Notice has been properly posted. Golf Galaxy shall permit a representative of EEOC to enter Golf Galaxy's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice. The EEOC representative shall display his/her EEOC identification card to the manager on duty.
RECORD KEEPING 15. For a period of two (2) years following entry ofthis Decree, Golf Galaxy shall maintain and make available for inspection and copying by EEOC records (including name, age, social security number, address, telephone number, complaint and resolution of the complaint) of each person complaining about discrimination on the basis of sex and/or retaliation. Information

5
identifying Golf Galaxy employees produced pursuant to this Decree will only be used to facilitate compliance with this Decree.
16. Golf Galaxy shall make all documents or records referred to in Paragraphs 15 and 22, available for inspection and copying within five (5) business days after EEOC so requests. In addition, Golf Galaxy shall reasonably make available all persons within its employ whom EEOC reasonably requests and identifies for purposes of verifying compliance with this Decree and shall permit a representative of EEOC to enter Golf Galaxy's premises for such purposes on five (5) business days advance notice by EEOC. Moreover, Golf Galaxy shall permit employees whom EEOC reasonably requests to interview for the purposes of verifying compliance with this Decree to come to EEOC Chicago District Office to be interviewed. In the event that EEOC is unable to contact an employee for purposes of verifying compliance with this Decree, it shall notify Golf Galaxy and Golf Galaxy shall, within five (5) business days, provide EEOC with the employee's scheduled hours of work over the next fourteen (14) day period so that EEOC can conduct these interviews at these employees' breaks, at the end of the day, or at some other time convenient to the employee and EEOC. Golf Galaxy agrees that it will not discourage employees from participating in these interviews, however, it will not be responsible for any associated costs of said participation, including any travel costs and incidental expenses such as paid time off.
17. Nothing contained in this Decree shall be construed to limit any obligation Golf Galaxy may otherwise have to maintain records under Title VII or any other law or regulation.
REPORTING 18. Golf Galaxy shall furnish to EEOC the following written reports twice annually for a period of two (2) years following entry ofthis Decree. The first report shall be due six (6)

6
months after entry of the Decree. The final report shall be due twenty-four (24) months after entry of the Decree. Each such report shall contain:
1. A description of each complaint of sex harassment, sex discrimination and/or retaliation, including the names of the complaining parties and witnesses and the resolution of such complaint, occurring within the six (6) month period preceding the report. Information identifYing Golf Galaxy employees produced pursuant to this Decree will only be used to facilitate compliance with this Decree.
11. A certification by Golf Galaxy that the Notice required to be posted in Paragraph 10, above, remained posted during the entire six (6) month period preceding the report. ADOPTION AND DISTRIBUTION OF NEW POLICY AGAINST SEX HARASSMENT
19. Golf Galaxy shall create a new anti-discrimination policy ("Policy") to be distributed to all current and future employees within thirty (30) days after entry ofthis Consent Decree. The Policy shall clearly define prohibited conduct and specifically prohibit insinuating sexual comments, insults, jokes, intimidation, and unwelcome touching such as deliberately brushing up against a person. The Policy shall provide that complaints of sexual harassment may be made to any person in the chain of command above an employee or directly to human resources personnel; employees who make complaints of harassment or provide information related to such complaints will be protected against retaliation; employees will not be required to complain of harassment to a person against whom they allege harassment; the employer will protect the confidentiality of harassment complaints to the extent possible; the employer will take immediate and appropriate corrective action if and when it determines that harassment has

7
occurred; employees who violate the policy are subject to discipline up to and including discharge.
20. A copy of the Policy shall be forwarded to EEOC within thirty (30) days of entry of this Consent Decree.
21. The Policy shall be distributed to all of Defendant's employees and management staff and shall be included in any relevant policy or employee manuals kept by Defendant's business. The Policy shall also be kept and maintained in a conspicuous and accessible place for all employees at all of Golf Galaxy's facilities and printed in a font that is easily legible (at least 11 point font).
22. A copy of the Policy shall be distributed to each new regular full-time, part-time, or temporary employee on the day the employee is hired. The manager responsible for distributing the Policy to each new employee shall review the Policy in depth with the employee. Golf Galaxy shall maintain records demonstrating that each new employee discussed the Policy with the responsible manager and illustrating the length of time spent discussing the Policy.
TRAINING 23. During each of the two (2) years covered by this Decree, Defendant shall provide training to all store employees at all facilities in the Chicagoland area supervised by District Manager Cathy Porto, prior to the entry of this Decree, including the stores in Naperville, Downer's Grove, Schaumburg, Vernon Hills, and Orland Park, Illinois and all Golf Galaxy management personnel nationwide, including District Managers and General Sales Managers, on equal employment opportunity laws (including sex harassment and retaliation) and the new Policy. The first training shall take place within ninety (90) days of entry ofthis Decree. The

8
second training shall take place no later than eighteen (18) months after the first training. 24. Within ten (10) calendar days of the completion of the training, Golf Galaxy shall
notifY EEOC of the dates the training was conducted, the name and job title ofthe person(s) who conducted the training, and the name and job title of each person who received the training.
25. Golf Galaxy agrees to provide EEOC, upon request, with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants of the training sessions.
DISPUTE RESOLUTION 26. In the event that any party to this Decree believes that another party has failed to comply with any provision(s) ofthe Decree, the complaining party shall notifY the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfY the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief, which shall not exceed the terms of this decree.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 27. All provisions of this Decree shall be in effect (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end ofthe two (2) year period, any disputes under Paragraph 26, above, remain unresolved, the term ofthe Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the

9
Decree) until such time as all such disputes have been resolved. MISCELLANEOUS PROVISIONS
28. Any press release issued by any party shall be forwarded to the other party at the same time and by the same method as the issued press release.
29. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 30. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors of Golf Galaxy. 30. When this Decree requires the submission by Golf Galaxy of reports, certifications, notices, or other materials to EEOC, they shall be mailed to: Golf Galaxy Settlement, c/o Lauren Dreilinger, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois 60661. When this Decree requires submission by EEOC of materials to Golf Galaxy, they shall be mailed to: Durga Bharam, Tressler, Soderstrom, Maloney & Preiss, Sears Tower, 22nd Floor, 233 South Wacker Drive, Chicago, Illinois 60606-6308 and Kate Law, Director of Human Resources, c/o Golf Galaxy, Inc., 7725 Washington Avenue, Suite 250, Edina, Minnesota 55439.

For the EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

C f

500 West Madison Street

Suite 2800

. 61's 60661

For GOLF GALAXY, INC.

Durga Bharam or Craig Pemose

Tressler, Soderstrom, Maloney &

Priess

Sears Tower, 22nd Floor

233 South Wacker Drive

2 Chicag.0 Ilh.·nOis. 60606-6308

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Durga Bhk-anf'or Craig Pemose

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Noelle Brennan Supervisory Trial Attorney
Lauren G, Dreilinger Trial Attorney
DATE: _O_E_C_2_3_,_O_02_,_

10
ENTER: able George Lindber
United Sates District Court Ju

11 EXHIBIT A RELEASE AGREEMENT I, Kelly Colonero, for and in consideration ofthe sum of $ 80,000, payable to me
pursuant to the terms of the Consent Decree entered by the Court in EEOC v. Golf Galaxy, Inc., No. 01 C 7397 (N.D. Ill.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Golf Galaxy, Inc. ("Golf Galaxy"), and all past and present shareholders, officers, agents, employees, and representatives of Golf Galaxy, as well as all successors and assignees of Golf Galaxy, from any and all claims and causes of action of any kind which I now have or ever have had under Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. Golf Galaxy, Inc. , No. 01 C 7397 (N.D. Ill.).

Date

Kelly Colonero

. ·. ,, 1 EXHIBITB

NOTICE TO ALL GOLF GALAXY, INC. EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Golf Galaxy, Inc., No. 01 C 7397 (N.D. Ill.) settling a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Golf Galaxy Inc., ("Golf Galaxy").

In its suit, EEOC alleged that Golf Galaxy subjected Kelly Colonero to a sexually hostile work environment, retaliated against Colonero for complaining about harassment and constructively discharged Colonero in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.c. § 2000e et. seq., ("Title VII") . Golf Galaxy denies the allegations made by EEOC and Colonero.

To resolve the case, Golf Galaxy and EEOC have entered into a Consent Decree in the interests of resolving this matter and to avoid the time and further costs of the litigation and as a result of having engaged in comprehensive settlement negotiations, which requires, among other things, that:

1) Golf Galaxy will pay a certain sum to Colonero in settlement of the claims;

2) Golf Galaxy will not discriminate on the basis of sex;

3) Golf Galaxy will not retaliate against any person because he or she opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree.

EEOC enforces the federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may contact EEOC at (312) 353-8195. 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 two (2) years from the date below and must not be altered, defaced or covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Golf Galaxy Settlement, EEOC 500 West Madison Street, S' 2800, Chica IIIino's 60661.

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Date:

/

The H norable George Lind United States District Court Judge

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...
BOBRICK, PROTO, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:01-cv-07397

EEOC v. Golf Galaxy Inc Assigned to: Hon. George W. Lindberg Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff Equal Employment Opportunity Commission
V. Defendant

Date Filed: 09/24/2001 Date Terminated: 03/11/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Lauren G Dreilinger United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov ATTORNEY TO BE NOTICED
Noelle Christine Brennan Brennan & Monte, Ltd. 20 South Clark Street Suite 1530 Chicago, IL 60603 (312) 422-0001 Email: nbrennan@brennan-monte.com ATTORNEY TO BE NOTICED

1 of 8

7/23/2007 3:11 PM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...

Golf Galaxy Inc

represented by Durga Maheswari Bharam Tressler, Soderstrom, Maloney & Priess 233 South Wacker Drive 22nd Floor Chicago, IL 60606-6308 (312) 627-4000 Email: dbharam@tsmp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joanna C Fryer Joanna C. Fryer Attorney at Law 5555 North Sheridan Road Suite 241 Chicago, IL 60640 (773)275-7375 Email: jcflaw@aol.com ATTORNEY TO BE NOTICED
Michael John Fusz Tressler, Soderstrom, Maloney & Priess 233 South Wacker Drive 22nd Floor Chicago, IL 60606-6308 (312) 627-4000

Date Filed 09/24/2001
10/12/2001 10/15/2001 10/18/2001 10/26/2001 11/14/2001

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Docket Text

1 COMPLAINT; Jury demand - Civil cover sheet - Appearance(s) of Lauren G. Dreilinger, John C. Hendrickson, Noelle Christine Brennan as attorney(s) for plaintiff ( No summons issued summons(es) issued.) ( Documents: 1-1 through 1-3) (maf) (Entered: 09/25/2001)
2 ATTORNEY APPEARANCE for defendant by Durga Maheswari Bharam, Joanna C Fryer. (mw) (Entered: 10/15/2001)
3 WAIVER of service of summons as to defendant sent on 09/25/01. (mw) (Entered: 10/16/2001)
SCHEDULE set on 10/18/01 by Hon. George W. Lindberg : Status hearing set to 9:30 11/14/01 . Mailed notice (slb) (Entered: 10/18/2001)
4 ANSWER by defendant and affirmative defenses to plaintiff's complaint [1-1]; Notice. (mw) (Entered: 10/29/2001)
5 MINUTE ORDER of 11/14/01 by Hon. George W. Lindberg : Status hearing held and continued to 12/19/01 at 9:30 a.m. Trial set for 07/08/02 at 10:00 a.m. Discovery cutoff set for 04/03/02. Motion for summary judgment due 04/17/02. Response to the motion for summary judgment due 05/08/02. Ruling on the

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...

12/19/2001
01/10/2002 03/13/2002 03/13/2002 03/15/2002 03/27/2002 03/27/2002 03/28/2002 03/28/2002 03/28/2002 03/28/2002
03/28/2002

motion for summary judgment set for 06/12/02 at 9:45 a.m. Proposed final pretrial order to be submitted to chambers on 06/25/02 at 10:00 a.m. Mailed notice (mw) (Entered: 11/15/2001)
6 MINUTE ORDER of 12/19/01 by Hon. George W. Lindberg : Status hearing held and continued to 07/24/02 at 9:30 a.m. Discovery cutoff set for 07/15/02. Motion for summary judgment due 08/01/02. Response to the motion for summary judgment due 08/22/02. Reply to the motion for summary judgment due 09/05/02. Ruling set for 10/02/02 at 10:00 a.m. Proposed final pretrial order to be submitted to chambers at 10:00 a.m. on 10/09/02. Trial reset to 10/22/02 at 10:00 a.m. Mailed notice (mw) (Entered: 12/20/2001)
7 ATTORNEY APPEARANCE for defendant by Michael John Fusz. (mw) (Entered: 01/11/2002)
8 MOTION by plaintiff to compel production of documents (Attachments); Notice. (mw) (Entered: 03/13/2002)
9 MINUTE ORDER of 3/13/02 by Hon. George W. Lindberg : Ruling set for 03/28/02 at 9:45 a.m. on plaintiff's motion to compel production of documents [8-1]. Mailed notice (mw) (Entered: 03/13/2002)
10 RESPONSE by defendant to plaintiff's motion to compel production of documents [8-1] (Attachments); Notice. (mw) (Entered: 03/18/2002)
11 RESPONSE by plaintiff to defendant Golf Galaxy's motion to compel (Attachments). (mw) (Entered: 03/28/2002)
12 RESPONSE by plaintiff to defendant's motion for protective order (Attachments); Notice. (mw) (Entered: 03/28/2002)
13 MOTION by defendant for protective order under Rule 26 to restrict dissemination of information contained in personnel files of third parties and financial information of Golf Galaxy (Attachments). (mw) (Entered: 03/28/2002)
14 MOTION by defendant to compel response to interrogatories (Attachments); Notice. (mw) (Entered: 03/28/2002)
15 MINUTE ORDER of 3/28/02 by Hon. George W. Lindberg : Defendant's motion to compel [14-1] is granted in part and denied in part. (See reverse of minute order.) No notice (mw) Modified on 03/28/2002 (Entered: 03/28/2002)
16 MINUTE ORDER of 3/28/02 by Hon. George W. Lindberg : Defendant's motion for protective order [13-1] is granted. Defendant seeks to restrict the pretrial dissemination of information contained in its personnel files, and of defendant's confidential financial information. The COurt agrees that defendant has shown good cause for entering a protective order relating to this information. See Fed. R. Civ. P. 26(c). Mailed notice (mw) (Entered: 03/28/2002)
17 MINUTE ORDER of 3/28/02 by Hon. George W. Lindberg : Plaintiff's motion to compel the production of documents [8-1] is granted in part and denied in part. Defendant is ordered to produce the personnel files of Kelly Colonero, Kyle Colony, and Tom Simokaitis, subject to the protective order submitted by defendant. The Court has conducted an in camera review of defendant's documents GG 00070, GG 00076, and GG 00077, which were provided to the

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...

05/23/2002 05/29/2002 05/31/2002
06/04/2002 06/05/2002 06/13/2002 06/18/2002 06/19/2002 06/20/2002 06/20/2002 06/20/2002
06/21/2002 06/21/2002

Court under seal. Defendant is ordered to produce GG 00076 and GG 000077 to plaintiff in a non-redacted form, as the redacted portions are not work product. Plaintiff's motion to compel the production of GG 00070 is denied, as that document falls within the work product doctrine [8-1]. No notice (mw) (Entered: 03/28/2002)
18 SECOND MOTION by defendant to compel production of discovery (Attachments); Notice. (mw) (Entered: 05/30/2002)
19 MINUTE ORDER of 5/29/02 by Hon. George W. Lindberg : Hearing reset to 06/06/02 at 11:30 a.m. on defendant's second motion to compel [18-1]. Mailed notice (mw) (Entered: 05/30/2002)
20 MINUTE ORDER of 5/31/02 by Hon. George W. Lindberg : Hearing reset to 6/5/02 at 10:30 a.m. on the motion to compel response to outstanding discovery [14-1]. The hearing previously scheduled for 6/6/02 is stricken. Notices mailed by Judge's staff (hmb) (Entered: 06/03/2002)
21 RESPONSE by plaintiff to defendant's second motion to compel production of discovery [18-1] (Attachment); Notice. (mw) (Entered: 06/04/2002)
22 MINUTE ORDER of 6/5/02 by Hon. George W. Lindberg : Defendant Golf Galaxy's second motion to compel [18-1] is entered and continued to 06/19/02 at 9:30 a.m. Mailed notice (mw) (Entered: 06/06/2002)
23 REPLY by defendant in support of its two motions to compel the release of medical records [18-1] (Attachments); Notice. (mw) (Entered: 06/13/2002)
24 RESPONSE by plaintiff to defendant's motion under Rule 35 for a mental examination. (RESTRICTED) (mw) (Entered: 06/20/2002)
27 RESPONSE by plaintiff to defendant's motion under Rule 35 for a mental examination; Notice. (mw) (Entered: 06/20/2002)
SCHEDULE set on 6/20/02 by Hon. George W. Lindberg : Ruling set for July 10, 2002 at 9:45a.m. on defendant Golf Galaxy's motion for rule 35 examination . No notice (slb) (Entered: 06/20/2002)
25 JOINT MOTION by plaintiff, defendant for leave to withdraw certain documents from the Court records . (mw) (Entered: 06/20/2002)
26 MINUTE ORDER of 6/20/02 by Hon. George W. Lindberg : Plaintiff's joint motion for leave to withdraw certain documents from the Court records [25-1] is granted. Leave of Court is given to the parties to permanent withdraw from the Court record the following documents from the Court's record the contain protected information: Defendant's second motion to compel [18-1]; EEOC's response to defendant's second motion to compel [21-1]; defendant's reply in support of its motion to compel [23-1] and defendant's motion under rule 35 for a mental examination. Mailed notice (mw) (Entered: 06/20/2002)
28 REDACTED MOTION by defendant under Rule 35 for a mental examination (Attachments); (mw) (Entered: 06/24/2002)
29 REDACTED SECOND MOTION by defendant to compel production of discovery ; Reply in support of its two motions to compel the release of medical

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...

06/26/2002 06/26/2002 06/26/2002 06/26/2002 07/08/2002 07/08/2002 07/08/2002 07/08/2002 07/09/2002 07/10/2002
07/19/2002 07/22/2002
07/23/2002

records (Attachments); Notice. (mw) Modified on 06/24/2002 (Entered: 06/24/2002)
30 RESPONSE by plaintiff to defendant Golf Galaxy's second motion to compel production of discovery [29-1] (Attachment); Notice. (mw) (Entered: 06/26/2002)
31 MOTION by defendant for additional time to depose third parties (Attachments); Notice. (mw) (Entered: 06/27/2002)
32 MINUTE ORDER of 6/26/02 by Hon. George W. Lindberg : Hearing held and continued to 07/10/02 at 10:00 a.m. on defendant's motion for additional time to depose third parties [31-1]. Mailed notice (mw) (Entered: 06/27/2002)
33 RESPONSE by plaintiff to defendant's second motion to compel [18-1]. (RESTRICTED) (mw) (Entered: 06/27/2002)
34 SUR REPLY by plaintiff to defendant Golf Galaxy's second motion to compel [29-1] (Attachment). (lc) (Entered: 07/09/2002)
35 SUPPLEMENTAL RESPONSE by plaintiff to defendant Golf Galaxy's motion for a Rule 35 mental exam [28-1] (Attachment). (lc) (Entered: 07/09/2002)
36 SUPPLEMENTAL RESPONSE by plaintiff to defendant's motion for a independant mental examination. (RESTRICTED) (lc) (Entered: 07/09/2002)
37 SUR REPLY by plaintiff to defendant's second motion to compel [18-1]. (RESTRICTED) (lc) (Entered: 07/09/2002)
38 REPLY by defendant in support of its motion under Rule 35 for a mental examination [28-1]; Notice. (mw) (Entered: 07/10/2002)
39 MINUTE ORDER of 7/10/02 by Hon. George W. Lindberg : Status hearing held and continued to 09/11/02 at 9:30 a.m. Defendant Golf Galaxy's second motion to compel medical records [18-1], {29-1] is moot. Defendant's motion for additional time to depose third parties is granted. Discovery cutoff extended to 07/31/02. Motion for summary judgment due 10/15/02. Response to the motion for summary judgment due October 29, 2002. Reply due 11/05/02. Ruling set for 12/04/02 at 9:45 a.m. Proposed final pretrial order to be submitted to chambers at 10:00 a.m. on 12/18/02. Trial reset to 01/06/03 at 10:00 a.m. Mailed notice (mw) (Entered: 07/11/2002)
40 MOTION by defendant under Rule 30(a)(2)(B) to redepose third party witness Kyle Colony to preserve testimony for possible trial ; Notice. (mw) (Entered: 07/23/2002)
41 MINUTE ORDER of 7/22/02 by Hon. George W. Lindberg : Due to the unavalibility of the Court, hearing reset to Thursday, 07/25/02 at 2:45 p.m. for all motions [40-1] previously scheduled for 07/24/02. No Court appearance required on 07/24/02. Mailed notice (mw) (Entered: 07/23/2002)
42 RESPONSE by plaintiff to defendant's motion under Rule 30(a)(2)(B) to redepose third party witness Kyle Colony to preserve testimony for possible trial [40-1] (Attachments); Notice. (mw) (Entered: 07/24/2002)

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...

07/25/2002 07/25/2002 07/31/2002 07/31/2002 07/31/2002
08/21/2002
09/04/2002
10/15/2002 10/15/2002 10/17/2002 10/18/2002 10/23/2002

43 REPLY by defendant in support of its motion under Rule 30(a)(2)(B) to redepose third party witness Kyle Colony for possible trial [40-1]; Notice. (mw) (Entered: 07/25/2002)
44 MINUTE ORDER of 7/25/02 by Hon. George W. Lindberg : Motion under Rule 30(a)(2)(B) to redepose third party [40-1] is denied for the reasons stated in open Court. Mailed notice (mw) (Entered: 07/26/2002)
45 MOTION by defendant for a rule to show cause why third party witness David Ligler should not be held in contempt for failure to appear pursuant to a subpoena , or in the alternative to bar David Ligler from testifying as a witness in any trial (Attachments); Notice. (mw) (Entered: 08/01/2002)
46 MOTION by defendant for a rule to show cause why third party witness Justin Marcus should not be held in contempt for failure to appear pursuant to a subpoena , or in the alternative to bar Justin Marcus from testifying as a witness in any trial (Attachments); Notice. (mw) (Entered: 08/01/2002)
47 MINUTE ORDER of 7/31/02 by Hon. George W. Lindberg : Defendant's motion for rule to show cause for David Ligler [45-1] and Justin Marcus [46-1] is granted. David Ligler and Justin Marcus are to appear before this Court on 08/21/02 at 9:30 a.m. to show cause why this Court should not find them in contempt for failure to comply with the subpoena for attendance at a deposition. (Entered Order for Rule to Show Cause as to Justin Marcus; Order for Rule to Show Cause as to David Ligler.) Mailed notice (mw) (Entered: 08/01/2002)
48 MINUTE ORDER of 8/21/02 by Hon. George W. Lindberg : Status hearing held and continued to 09/04/02 at 9:30 a.m. Request of parties for entry of protective order concerning discovery is granted. Enter protective order. The rules to show cause scheduled for 08/21/02 are entered and continued to 09/04/02 at 9:30 a.m. (Entered Order.) Mailed notice (mw) Modified on 08/22/2002 (Entered: 08/22/2002)
49 MINUTE ORDER of 9/4/02 by Hon. George W. Lindberg: Status hearing held. The rule to show cause directed at David Ligler and Justin Marcus is discharged. In the event that Justin Marcus is called as a witness for trial, he must submit to a deposition prior to appearing as a witness. Mailed notice (fce) (Entered: 09/05/2002)
50 MOTION by defendant Golf Galaxy Inc for summary judgment ; Memorandum in support; (Attachments); Notice. (gcy) (Entered: 10/17/2002)
51 RULE 56.1(A)(3) statement by defendant Golf Galaxy in support of its motion for summary judgment (Attachments). (gcy) (Entered: 10/17/2002)
52 MOTION by plaintiff for extension of time to respond to defendant's motion for summary judgment ; Notice. (gcy) (Entered: 10/24/2002)
54 MOTION by defendant Golf Galaxy Inc for leave to file brief in excess of 15 pages ; Notice. (gcy) (Entered: 10/24/2002)
53 MINUTE ORDER of 10/23/02 by Hon. George W. Lindberg: Plaintiff's motion for extension of time to respond to defendant's motion for summary judgment is granted [52-1] Plaintiff's response to defendant's motion for summary judgment [50-1] is due 11/12/02. Defendant's reply is due 11/19/02. Ruling on the motion

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...

10/23/2002 11/12/2002 11/12/2002
11/12/2002 11/12/2002 11/18/2002 11/19/2002 11/19/2002 11/21/2002 11/22/2002 11/22/2002 11/22/2002 11/23/2002

for summary judgment [50-1] set for 12/11/02 at 9:45 a.m. Mailed notice (gcy) (Entered: 10/24/2002)
55 MINUTE ORDER of 10/23/02 by Hon. George W. Lindberg : Defendant's motion for leave to file brief in support of its motion for summary judgment that is 15-1/2 pages long is granted [54-1]. Mailed notice (gcy) (Entered: 10/24/2002)
56 UNCONTESTED MOTION by plaintiff to file its memorandum of law in response to defedant's memorandum of law in support of its motion for summary judgment in excess of fifteen pages ; Notice. (gcy) (Entered: 11/13/2002)
57 MINUTE ORDER of 11/12/02 by Hon. George W. Lindberg : Plaintiff's uncontested motion to file its memorandum of law in response to defedant's memorandum of law in support of its motion for summary judgment in excess of fifteen pages is granted [56-1]. Mailed notice (gcy) (Entered: 11/13/2002)
58 APPENDIX filed by plaintiff of materials in support of plaintiff EEOC's opposition to defendant's motion for summary judgment. (gcy) (Entered: 11/13/2002)
59 RESPONSE by plaintiff to defendants statement of undisputed material facts; Memorandum of law in support of its response to defendants motion for summary judgment (Attachments); Notice. (gcy) (Entered: 11/13/2002)
60 MINUTE ORDER of 11/18/02 by Hon. George W. Lindberg : Ruling reset to 12/18/02 on defendants motion for summary judgment [50-1]. Mailed notice (gcy) (Entered: 11/19/2002)
61 RULE 56.1 Statement in response to the EEOC's Rule 56.1(b)(3) statement of additional undisputed material facts by Golf Galaxy Inc (Attachments.) (gcy) (Entered: 11/20/2002)
62 REPLY MEMORANDUM by defendant Golf Galaxy Inc in support of its motion for summary judgment [50-1]; Notice. (gcy) (Entered: 11/20/2002)
63 MOTION by plaintiff to amend plaintiff EEOC's Local Rule 56.1(b)(3)(B) statement of additional undisputed material facts ; Notice. (gcy) (Entered: 11/22/2002)
64 MINUTE ORDER of 11/22/02 by Hon. George W. Lindberg : Plaintiff's motion to amend plaintiff EEOC's Local Rule 56.1(b)(3)(B) statement of additional undisputed material facts is [63-1]. Mailed notice (gcy) (Entered: 11/22/2002)
65 MOTION by defendant Golf Galaxy for clarification of due date of final pretrial order ; Notice. (gcy) (Entered: 11/25/2002)
66 MOTION by defendant Golf Galaxy for leave to file brief in excess of 15 pages ; Notice. (gcy) (Entered: 11/25/2002)
67 MINUTE ORDER of 11/23/02 by Hon. George W. Lindberg : Defendant's motion for clarification of due date of final order is granted [65-1]. Ruling on the motion for summary judgment reset for 12/19/02 at 9:45 a.m. Proposed final pretrial order to be submitted to chambers at 10:00 a.m. 12/30/02. The trial date of 01/06/03 remains the same. Defendant's motion for leave to file brief in of 15 pages is granted [66-1]. Mailed notice (gcy) (Entered: 11/25/2002)

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?505791597248408-L_35...

11/27/2002 11/27/2002 11/27/2002
12/19/2002 12/23/2002
12/24/2002 03/11/2003 08/18/2005

SCHEDULE set on 11/27/02 by Hon. George W. Lindberg : The ruling date on the cross motions for summary judgment reset to December 19, 20002 at 9:45a.m. No notice (slb) (Entered: 11/27/2002)
68 JOINT MOTION by parties to amend the pretrial schedule and trial date ; Notice (ntf) (Entered: 12/02/2002)
69 MINUTE ORDER of 11/27/02 by Hon. George W. Lindberg : Plaintiff's joint motion to amend the pretrial schedule and trial date is denied [68-1]. The parties are to comply with the amended order dated 11/23/02. Mailed notice (ntf) (Entered: 12/02/2002)
SCHEDULE set on 12/19/02 by Hon. George W. Lindberg : Status hearing set for December 23, 2002 at 9:30a.m. Mailed notice (slb) (Entered: 12/19/2002)
70 MINUTE ORDER of 12/23/02 by Hon. George W. Lindberg: Stipulations are entered on the record in court. Motion for summary judgment is denied [50-1] on all counts. (Entered Consent Decree.) terminating case. No notice (gcy) (Entered: 12/26/2002)
71 ENTERED JUDGMENT (gcy) (Entered: 12/26/2002)
72 MINUTE ORDER of 3/11/03 by Hon. George W. Lindberg: Pursuant to the order of 12/24/02 this action is dismissed. terminating case. No notice (gcy) (Entered: 03/12/2003)
73 ACKNOWLEDGEMENT of receipt of sealed documents by Laurie S. Elkin. (gcy, ) (Entered: 08/23/2005)

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07/23/2007 15:10:59

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Description: Docket Report Search Criteria: 1:01-cv-07397

Billable Pages: 5

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 EEOC LITIGATION SETTLEMENT REPORT - DECEMBER 2002

http://www.eeoc.gov/litigation/settlements/settlement12-02.html

EEOC v. Golf Galaxy, Inc. No. 01 C 7397 (N.D. Ill. December 23, 2002)
In this Title VII lawsuit, the Chicago District Office alleged that defendant, a nationwide retailer of golfing products, subjected charging party, a Customer Service Manager, to a sexually hostile work environment and to retaliation after she complained about the harassment. The General Sales Manager of the store where charging party worked made sexually explicit comments and used sexually derogatory language, propositioned charging party for sex and dates, and inappropriately touched her. When charging party complained, defendant retaliated against her by forcing her to take an unpaid leave of absence, interviewing people to replace her and allowing the harasser to require her to perform menial tasks when she returned from leave. As a result of the harassment and retaliation, charging party quit her job. The case was resolved through a consent decree which provides for a payment of $80,000 to charging party, representing $10,000 in backpay and $70,000 in damages. Defendant also agreed to create and distribute a new sexual harassment policy and to train all of its managers nationwide and its Chicago area employees on sexual harassment and retaliation.

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