!aaassseee     222: :000999-­-­-cccvvv-­-­-000666444666000-­-­-I ILLLRRRLLL-­-­-JJJ!WWW              DDDooocccuuummmeeennnt t     111              FFFi il leeeddd     000999/ /222333/ /000999              PPPaaagggeee     111     ooof f     666

!aaassseee     222: :000999-­-­-cccvvv-­-­-000666444666000-­-­-I ILLLRRRLLL-­-­-JJJ!WWW              DDDooocccuuummmeeennnt t     111              FFFi il leeeddd     000999/ /222333/ /000999              PPPaaagggeee     222     ooof f     666

!aaassseee     222: :000999-­-­-cccvvv-­-­-000666444666000-­-­-I ILLLRRRLLL-­-­-JJJ!WWW              DDDooocccuuummmeeennnt t     111              FFFi il leeeddd     000999/ /222333/ /000999              PPPaaagggeee     333     ooof f     666

!aaassseee     222: :000999-­-­-cccvvv-­-­-000666444666000-­-­-I ILLLRRRLLL-­-­-JJJ!WWW              DDDooocccuuummmeeennnt t     111              FFFi il leeeddd     000999/ /222333/ /000999              PPPaaagggeee     444     ooof f     666

!aaassseee     222: :000999-­-­-cccvvv-­-­-000666444666000-­-­-I ILLLRRRLLL-­-­-JJJ!WWW              DDDooocccuuummmeeennnt t     111              FFFi il leeeddd     000999/ /222333/ /000999              PPPaaagggeee     555     ooof f     666

!aaassseee     222: :000999-­-­-cccvvv-­-­-000666444666000-­-­-I ILLLRRRLLL-­-­-JJJ!WWW              DDDooocccuuummmeeennnt t     111              FFFi il leeeddd     000999/ /222333/ /000999              PPPaaagggeee     666     ooof f     666

 
 Case 2:09-cv-06460-ILRL-JCW Document 59 Filed 03/28/11 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION VERSUS BOH BROTHERS CONSTRUCTION COMPANY, LLC

* CIVIL ACTION * * NO. 09-6460 * * SECTION “B”(2)

ORDER

The above-captioned matter came for trial by jury before the

undersigned District Judge from March 21, 2011 to March 24, 2011.

Pursuant to the jury verdict returned March 24, 2011,

IT IS ORDERED that judgment will be rendered in favor of

Plaintiff, Equal Employment Opportunity Commission and against

Defendant Boh Brothers Construction Company, LLC in the amount of

TWO HUNDRED ONE THOUSAND DOLLARS ($201,000.00) in compensatory

damages consisting on ONE THOUSAND DOLLARS ($1,000.00) for back pay

and benefits and TWO HUNDRED THOUSAND DOLLARS ($200,000.00) for

emotional pain and suffering, inconvenience, mental anguish, and

loss of enjoyment of life.

IT IS FURTHER ORDERED that judgment will be further rendered

in favor of Plaintiff, Equal Employment Opportunity Commission and

against Defendant Boh Brothers Construction Company , LLC in the

amount of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) in

punitive damages.

IT IS FURTHER ORDERED that Plaintiff shall file a motion for

injunctive relief as requested in the complaint as well as any

1

Case 2:09-cv-06460-ILRL-JCW Document 59 Filed 03/28/11 Page 2 of 2

remaining issues regarding damages, along with necessary supporting

documentation NO LATER THAN APRIL 8, 2011; responsive memorandum

in opposition to that motion shall be due from defendant NO LATER

THAN 10 DAYS FROM RECEIPT OF PLAINTIFF’S MOTION ; thereafter

plaintiff may file a reply, NO LATER THAN 5 DAYS AFTER receipt of

defendant’s reply to plaintiff’s submissions. Hearing on the

motion for injunctive relief shall occur on APRIL 27, 2011 AT 9:00

A.M. in open court. The Court hereby directs the Clerk of Court to

conduct a taxation of costs hearing to assess costs

in favor

of the prevailing plaintiff. New Orleans, Louisiana this 28TH day of March, 2011.

______________________________ UNITED STATES DISTRICT JUDGE

2

 
 Case 2:09-cv-06460-ILRL-JCW Document 93 Filed 06/27/11 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION VERSUS BOH BROTHERS CONSTRUCTION COMPANY, LLC

* CIVIL ACTION * * NO. 09-6460 * * SECTION “B”(2)

ORDER Following today’s hearing in open court with counsel for the parties present regarding Plaintiffs’s Motion for Injunctive Relief (Rec. Doc. No. 60), Defendant’s Motion for New Trial (Rec. Doc. No. 67), Motion to Remit Judgement (Rec. Doc. No. 68), and Motion for Judgment as a Matter of Law (Rec. Doc. No. 77); for oral reasons rendered, IT IS ORDERED that Defendant’s Motion for New Trial (Rec. Doc. No. 67) and Motion for Judgment as a Matter of Law (Rec. Doc. No. 77) be and are hereby DENIED. IT IS FURTHER ORDERED that Defendant’s Motion to Remit Judgment (Rec. Doc. No. 68) be and hereby is GRANTED to the extent it seeks the award capped at the applicable statutory limit of $300,000.00 pursuant to 42 U.S.C. § 1981a(b)(3)(D); the motion is DENIED in all other aspects. IT IS FURTHER ORDERED that the jury’s aggregate award of pertinent damages totaling $450,000.00 is hereby REDUCED pursuant

1

Case 2:09-cv-06460-ILRL-JCW Document 93 Filed 06/27/11 Page 2 of 2

to 42 U.S.C. § 1981a(b)(3)(D), comprised of the total $250,000.00

in punitive damages awarded by the jury and $50,000.00 in damages

for emotional pain and suffering, inconvenience, mental anguish,

and loss of enjoyment of life. The jury’s award of $1000.00 in

compensatory damages for back pay and benefits is exempted from the

statutory cap by 42 U.S.C. § 1981a(b)(2).

IT IS FURTHER ORDERED that Plaintiff’s Motion for Permanent

Injunction (Rec. Doc. No. 60) is hereby taken under submission,

with written ruling to be issued.

IT IS FURTHER ORDERED that, in view of this Order

and opportunity allowed within oral argument to raise

all issues,

Defendant’s Motions for Leave to File Reply

Memoranda (Rec. Doc.Nos. 90, 91, 92) be and are hereby DISMISSED

AS MOOT.

New Orleans, Louisiana, this 24TH day of June, 2011.

______________________________ UNITED STATES DISTRICT JUDGE

2

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

*

*

VERSUS

*

*

BOH BROTHERS CONSTRUCTION COMPANY, LLC

*

CIVIL ACTION NO. 09-6460 SECTION “B”(2)

OPINION Before the Court is Plaintiff, EEOC’s Motion for Injunctive Relief seeking an order requiring defendant to effectuate a system to prevent and promptly correct unlawful sexual harassment at Defendant Boh Brothers Construction Company, LLC’s facilities; to mandate distribution of said policy to all current employees and all new employees within thirty days of hire; to require delivery to all employees of a letter notifying them of the verdict in this case, among numerous other items. (Rec. Doc. No. 60). For the reasons pronounced below, IT IS ORDERED that Plaintiff’s Motion for Injunctive Relief (Rec. Doc. No. 60) as subsequently redacted, is GRANTED, judgment will issue hereafter. At the conclusion of a four day jury trial, the jury returned a verdict for plaintiff and against defendant awarding plaintiff two hundred one thousand dollars ($201,000.00) in compensatory damages consisting on one thousand dollars ($1,000.00) for back pay and benefits and TWO HUNDRED THOUSAND DOLLARS ($200,000.00) for

1

emotional pain and suffering, inconvenience, mental anguish, and
loss of enjoyment of life, and two hundred fifty thousand dollars
($250,000.00) in punitive damages. (Rec. Doc. No. 58-2).
Following post-trial hearings, the Court reduced the jury award
to comply with statutory caps and applicable case law, see Rec.
Doc. Nos. 93, 94, awards set at $301,000.00. The proposed
Judgment of Injunctive Relief in the record is found at Rec. Doc.
No. 60-3. Following the hearing on the Motion for Injunctive
Relief, the Court directed and the parties submitted revisions on
that issue via facsimile.
Injunctive relief must be reasonably tailored to the specific facts of this case, as reflected by the trial record. Issuance of an injunction “rests primarily in the informed discretion of the
district court.” Marshall v. Goodyear Tire & Rubber Co., 554 F.2d 730, 733 (5th Cir.1977). Additionally, injunctive relief is warranted where the EEOC acts in the public interest and seeks remedies designed to vindicate the underlying policies of Title VII and the CRA. (Rec. Doc. No. 60-1 at 3). The United States Supreme
Court, in E.E.O.C. v. Waffle House, Inc. , 534 U.S. 279, 295-96 (2002) stated:
[W]e are persuaded that, pursuant to Title VII and the ADA, whenever the EEOC chooses from among the many charges filed each year to bring an enforcement action in a particular case, the agency may be seeking to vindicate a public interest, not simply provide make-whole relief for the employee, even when it pursues entirely victim-specific relief. To hold otherwise would undermine the detailed enforcement scheme created by Congress
2

simply to give greater effect to an agreement between private parties that does not even contemplate the EEOC's statutory function.

(Rec. Doc. No. 60-1 at 4). Noteworthy for our purposes is EEOC v.

Mid-American Specialties, Inc., where the District Court ordered

relief similar to that proposed here.

EEOC v. Mid-American

Specialties, Inc., No. 09-2203, 2011 WL 1206163 (W.D. TN. Mar. 24,

2011).

Defendant argues that injunctive relief is unwarranted, and

alternatively, if the Court decides such relief is appropriate,

that the relief proposed

by Plaintiff is “unnecessary,

unreasonable, burdensome, and duplicative of the substantial relief

granted by the jury in its verdict and should be limited

accordingly.”1 (Rec. Doc. No. 66 at 17). More specifically,

Defendant submits that:

[T]he company, since conclusion of trial, has begun the process of implementing a new harassment and retaliation policy. This policy will be provided to employees and managers alike. The company intends to deliver the new policy to individual employees, place it in the “Boh Picture,” and post the policy on jobsite bulletin boards. The company is also in the process of developing plans to better and more efficiently instruct supervisors and employees regarding harassment and other forms of discrimination. Finally, Chuck Wolfe Resigned his employment with the company on April 4, 2011 after being

1For instance, Defendant opposes section three of the Proposed Judgment of Injunctive Relief that would, if ordered, require Defendant to deliver a letter to all employees advising them of the verdict in this case and stating Defendant’s intolerance of sexual harassment or retaliation. (Rec. Doc. No. 66 at 13). Defendant “submits that there is no reason for it to have to send a copy of the verdict to its employees other than to satisfy the EEOC’s desire to gain publicity . . . . [s]ending the verdict will do nothing but raise questions.” Id.
3

demoted to the position of operator; he no long poses a threat of continued harassing behavior.

(Rec. Doc. No. 66 at 3). It should be noted that Plaintiff

correctly points out in its reply that Defendant offers no sworn

testimony to support its claims relative to alleged post-trial

remedial work.

Defendant cites in support of its contentions Armstrong v.

Turner Industries, Inc., 141 F.3d 554 (5th Cir.1998). That case

involved a private plaintiff who brought suit against a potential

employer where the employer required a pre-offer medical exam

allegedly in violation of Section 12112(d)(2)(A) of the ADA. The

EEOC issued a “right-to-sue” letter and suit was filed thereafter.

The EEOC acted as amicus but was not a party to the litigation.

Affirming dismissal of Plaintiff’s 12112(d)(2)(A) claim, the Fifth

Circuit held that “Armstrong has not demonstrated any injury

redressable by damages, and he lacks standing to seek declaratory

and injunctive relief . . . .”

Id. at 558. Armstrong is

distinguishable from the case at bar as that case involved a

private plaintiff seeking relief only for himself, whereas here,

and as noted in jurisprudence, the suit was filed by the EEOC who

“may be seeking to vindicate a public interest, not simply provide

make-whole relief for the employee, even when it pursues entirely

victim-specific relief.” Waffle House, 534 U.S. at 295-96.

Although the only Fifth Circuit case in the section of Defendant’s

opposition listing “factors” is distinguishable from the case at

4

bar, at least one such factor merits further attention.2
At different points in its opposition, Defendant submits that
“the monetary compensation and punitive damages awarded are
sufficient to deter future violations by Boh Brothers” (Rec. Doc.
No. 66 at 5, 8). However, Defendant has filed a Motion to Remit
the Judgment (Rec. Doc. No. 68); a Motion for New Trial (Rec. Doc.
No. 67); and a Motion for Judgment as a Matter of Law (Rec. Doc. No. 77).3 Those motions, along with statements of Defendant’s
spokeswoman published in the Times-Picayune article submitted by
Defendant that Boh Brothers is “confident of a reversal” render
meaningless Defendant’s suggestion that jury award will have a
deterrent effect.
Defendant also cites to EEOC v. E.I. DuPont de Nemours and
Co., 03-1605, 2004 WL 3048748 (E.D. La. Jan. 4, 2004), a case which
Plaintiff states “did not involve a jury verdict regarding
Defendant’s policies.” (Rec. Doc. Nos. 66 at 9; 71 at 5).
Forty-two United States Code § 2000e-5(g)(1) provides that
“the [trial] court may enjoin the respondent from engaging in . .
. unlawful employment practice[s], and order such affirmative
2Defendant’s opposition states, in pertinent part “[a] review of Fifth Circuit case law and that of other jurisdictions discussed below indicate [sic] that equitable relief, such as training, is generally granted only when certain factors are present including: . . . (3) the monetary compensation and punitive damages awarded are not sufficient to deter future violations by the employer.” (Rec. Doc. No. 66 at 4).
3Boh Brothers, in its Motion to Remit the Judgment “seeks remittitur of the jury award . . . on grounds that the awards are excessive and that they are not supported by sufficient evidence in the record.” (Rec. Doc. No. 68-1 at 1).
5

action as may be appropriate, . . . or any other equitable relief as the court deems appropriate.” 42 U.S.C. § 2000e-5(g)(1) (emphasis added). The district court has broad discretion in granting post-trial injunctive relief in Title VII cases. EEOC v. Frank’s Nursery & Crafts, Inc., 177 F.3d 448, 467 (6th Cir.1999); see also Spencer v. Gen. Elec. Co. , 894 F.2d 651, 660 (4th Cir. 1990) (“[A] district court must . . . exercise its discretion . . . to ensure that discrimination does not recur.”). Permanent injunctive relief is available even where the EEOC has not alleged a pattern or policy of discrimination. Frank’s Nursery, 177 F.3d at 468. Once an employer has been held liable under Title VII, it is the employer’s burden to offer evidence that the unlawful conduct will not recur. Spencer, 894 F.2d at 660 n.13. The ultimate burden of showing that injunctive relief is appropriate, however, lies with the EEOC. Id. Federal Rule of Civil Procedure 65(d) provides that an order granting injunctive relief must “state its terms specifically” and “describe in reasonable detail . . . the act or acts restrained or required.” Fed. R. Civ. P. 65(d)(1)(B)-(C).
As noted earlier, each party submitted proposals for injunctive relief. The EEOC made several revisions to its original draft which effectively lessened certain administrative burdens for implementing remedial and other measures. Defendant’s proposal, while not as detailed as the EEOC’s proposal, contained eleven
6

measures for relief, reserving the right to oppose entitlement overall.
Based on the record trial evidence along with hearings held on post-trial motions, including the hearing and post-hearing submissions relative to injunctive relief, we find that the EEOC has convincingly shown the appropriateness for that relief. Jurisdiction will be retained to implement and enforce terms for injunctive relief, including but not limited to modifying same, as needed, including shortening applicable time periods upon showing of good cause.
New Orleans, Louisiana, this 15TH day of August, 2011.
______________________________ UNITED STATES DISTRICT JUDGE
7

 
 Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 1 of 18

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

*

*

VERSUS

*

*

BOH BROTHERS CONSTRUCTION COMPANY, LLC

*

CIVIL ACTION NO. 09-6460 SECTION “B”(2)

JUDGMENT OF INJUNCTIVE RELIEF WHEREAS the jury in the above captioned matter entered a verdict in favor of Plaintiff, United States Equal Employment Opportunity Commission (“EEOC” or “Commission”), on March 24, 2011, on the issue of sexual harassment; and WHEREAS said jury found that Defendant subjected Kerry Woods to severe and/or pervasive sexual harassment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq, as amended (“Title VII”); and WHEREAS the jury found that Defendant did not exercise reasonable care to prevent and promptly correct any sexually harassing behavior; and WHEREAS the jury found Defendant to have violated Mr. Woods’ rights under Title VII with malice and/or reckless indifference; and WHEREAS the jury awarded Mr. Woods $1,000.00 in back pay and benefits, $200,000.00 in compensatory (emotional) damages, and $250,000.00 in punitive damages as a result of Defendant’s

1

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 2 of 18
violation of Title VII; and WHEREAS the Court has considered the EEOC’s motion for
injunctive relief and Defendant’s opposition thereto, and the Court has found said motion to have merit; and
WHEREAS the Court is empowered, by 42 U.S.C. § 2000e(5)(g)(1) “to enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate . . . or any other equitable relief as the court deems appropriate”;
IT IS ORDERED, ADJUDGED, AND DECREED that the EEOC’s Motion for Injunctive Relief (Rec. Doc. No. 60) be and is herebyGRANTED;
IT IS FURTHER ORDERED, ADJUDGED AND DECREEDthat the following injunctive relief be and is hereby IMPOSED:
1. PREVENTION AND CORRECTION OF SEXUAL HARASSMENT. Defendant and its managers and supervisory employees,
agents, officers, successors and assigns are ordered to take all necessary actions, as further set forth hereinbelow, to effectuate, within six (6) months of the entry of this Judgment, a system which is reasonably calculated to prevent and promptly correct unlawful sexual harassment at any of its facilities; 2. IMPLEMENTATION OF SEXUAL HARASSMENT POLICY.
a. Within six (6) months of the entry of this Judgment, Defendant shall implement a detailed,
2

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 3 of 18
written policy which specifically defines and prohibits “sexual harassment” made unlawful by Title VII (“sexual harassment policy”). Said sexual harassment policy shall address, but not necessarily be limited to: the definition of “severe” harassment; the definition of “pervasive” harassment; examples of prohibited sexual harassment; an explanation that sexual harassment need not be motivated by sexual desire; an explanation that harassment based on nonconformity to gender stereotypes constitutes unlawful harassment because of gender or sex; an explanation of unlawful sexual harassment; an explanation of procedures for employees to report or complain of sexual harassment; an explanation of the manner in which Defendant’s officials are to investigate, document, and respond to reports of sexual harassment; a statement that no employee who complains of sexual harassment will be subjected to retaliation; an explanation of what unlawful retaliation and protected activity are; the procedure for reporting retaliation for complaining of or opposing sexual harassment; and an explanation of the manner in which Defendant’s
3

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 4 of 18
officials are to investigate, document, and respond to reports of retaliation. b. Said written sexual harassment policy shall, immediately upon implementation, be provided to all employees of Defendant. Defendant shall also, immediately upon implementation of said policy, post it on Defendant’s internet website in a reasonably conspicuous location. Said internet posting shall be maintained throughout the duration of the compliance period of this Judgment of Injunctive Relief, as set forth hereinbelow, to wit, for not less than thirty (30) months. Defendant shall notify all employees, through its publication “The Boh Picture”, at least once per annum, during the compliance period of this Judgment of Injunctive Relief, of the internet address at which they can find the sexual harassment policy on Boh Brothers’ website. c. During the compliance period of this Judgment of Injunctive Relief, Defendant shall provide a copy of its sexual harassment policy to all new employees, within thirty (30) days of hire. d. Defendant shall, immediately upon implementation of said sexual harassment policy, provide a copy of it
4

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 5 of 18

to the EEOC, in paper and electronic (PDF or

substantially similar) form, as follows:

To the attention of Gregory T. Juge and Tanya

L. Goldman, U.S. EEOC, New Orleans Field

Office, 1555 Poydras Street, Suite 1900, New

Orleans,

Louisiana,

70112;

Gregory.Juge@eeoc.gov; Tanya.Goldman@eeoc.gov

with an electronic copy to EEOC Houston

Regional Attorney James Sacher at

James.Sacher@eeoc.gov.

3. LETTER NOTIFYING EMPLOYEES OF VERDICT. Within fourteen

(14) days of entry of this Judgment of Injunctive Relief,

Defendant must deliver a letter to all of its employees,

advising them of the verdict against Defendant in this

case on the claim of sexual harassment, stating that

Defendant will not tolerate sexual harassment or

retaliation, and that Defendant will take appropriate

disciplinary action against any manager, supervisor, or

employee who engages in sexual harassment or retaliation.

The letter shall be printed on Defendant’s letterhead and

shall be signed by Defendant’s Chief Executive Officer.

The text of the required letter is attached hereto as

Exhibit “A”. Defendant shall, immediately upon issuance,

provide a paper copy and electronic copy of said letter

5

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 6 of 18
to the EEOC, in the manner specified for Notice in paragraph 2(d), supra. 4. REPRESENTATIVE TO RECEIVE AND INVESTIGATE COMPLAINTS. Defendant shall designate a specific corporate management representative to receive and investigate reports and complaints of sexual harassment. This individual shall report directly to Defendant’s Chief Executive Officer and shall be trained on best practices for conducting sexual harassment investigations. This Individual and Defendant shall: a. Conduct an investigation of all reports of sexual
harassment within one (1) week of receipt of the allegation of sexual harassment by Defendant. In order to constitute a report of sexual harassment for purposes of this Judgment, the report need not specifically mention the words “sexual” or “harassment”. Rather, any report, formal or informal, written or oral, which reasonably places Defendant on notice that sexual harassment may have occurred, shall constitute a report of sexual harassment hereunder. b. The investigation shall include in-person interviews of all witnesses, complainant, the securing of witness written statements describing
6

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 7 of 18
allegations, and identification of all parties involved in the investigation. If an in-person interview of a given witness is not practicable, Defendant shall document and maintain a record of the reasons therefor, and shall interview the witness or witnesses in the most effective practicable manner. c. The designated corporate representative for receiving complains shall create and maintain a contemporaneous written log of all calls, details of all investigations, including all interview notes, and information regarding resolution of an investigation. If a report is not investigated, a written record must be made to justify the failure to investigate. d. The designated corporate representative shall also investigate immediately any reports of retaliation against and employee for making a report of sexual harassment. e. The designated corporate representative shall report to the complainant the results of the investigation. Said report shall include, but not be limited to, a description of the investigative process, the findings of the investigation, and
7

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 8 of 18
what actions, if any, Boh Brothers has taken or will take in response to the complaint. f. Defendant will maintain all records of or relating to any sexual harassment complaint, and investigation thereof, for a minimum of thirty (30) months. 5. DISCIPLINE OF RETALIATORS GENERALLY . Defendant shall include in its sexual harassment policy a warning that harassment of, or any other retaliation against, those reporting or complaining of sexual harassment is grounds for discipline, up to and including termination. Any report of retaliation must be investigated in accordance with Paragraph 4. 6. CONFIDENTIALITY OF COMPLAINTS. Defendant shall include in its sexual harassment policy the requirement that managers must keep confidential any reports of harassment. The Defendant shall take all necessary and reasonable steps to ensure there is no retaliation against anyone making a report of sexual harassment. 7. POSTING OF HARASSMENT POLICY. Defendant shall post its sexual harassment policy (including the direct phone number of the designated corporate representative pursuant to Paragraph 4 above to receive reports of inappropriate activity) on its website and in other
8

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 9 of 18
places accessible to employees and applicants for employment, such as break rooms, employee bathrooms, and bulletin boards, at all of its facilities and work sites. The posting shall specify that the designated individual accepts and investigates anonymous reports (reading, “You do not need to give your name”). The posting shall also specify that Defendant will investigate any reports of retaliation. 8. TRAINING. a. Defendant must conduct at least one training
session per annum, during the compliance period of this Judgment of Injunctive Relief, of not less than two-hours’ duration, for all employees (company-wide), including its managers, on Title VII’s prohibitions against sexual harassment and retaliation against anyone who engages in protected activity. Defendant shall complete the first required training session within one year of the entry of this Judgment of Injunctive Relief. All required training sessions shall, at a minimum, cover the topics enumerated above in paragraph 2(a), which are required to be set forth in Defendant’s written sexual harassment policy. Defendant does not need to train all of its
9

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 10 of 18
employees during one session, but may use multiple sessions over the course of the year to ensure that all employees receive the required training. b. This training shall be accompanied by written materials for the attendees, concerning the sexual harassment and retaliation topics covered in training. The training shall be conducted by live seminar, either in person, or via the internet (for visual participation), or by similarly effective means. The program for this training shall be prepared by outside employment counsel (not an employee of any of the named Defendants or of any of their subsidiaries or related companies), with at least five years of legal experience in employment discrimination law. The training shall be configured so as to permit attendees to ask questions and have them answered during the training session. c. Defendant shall also, during the compliance period of this Judgment of Injunctive Relief, provide the aforementioned training to: all new employees, within thirty (30) days of hire; and to any employee who is promoted, within thirty (30) days of said promotion.
10

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 11 of 18
d. Defendant shall provide the EEOC with written materials accompanying, and an outline of, the training, at least seven (7) days before the first training session, and at least seven (7) days before every training session thereafter, if any changes are made to the materials or outline. Delivery of the written materials shall be made in the manner specified in paragraph 2(d), supra.
e. Defendant shall repeat the annual company-wide sexual harassment training described in this paragraph at least once during the second year of the compliance period of this Judgment of Injunctive Relief. In total, Defendant shall conduct a minimum of two annual company-wide training sessions during the compliance period of this Judgment of Injunctive Relief.
f. Defendant shall provide a copy of signed attendance sheets to the EEOC, in the manner specified in paragraph 2(d), supra, with its semi-annual reports. Said attendance sheets shall include the printed name, position, and signature of each employee attending the training, and shall indicate the date of the training, the location of the training, the manner of training (e.g., in-person,
11

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 12 of 18
video-conference, etc.), and the person(s) who conducted the training. 9. MONITORING. The EEOC is hereby empowered to monitor and review compliance with this Judgment of Injunctive Relief. Accordingly, for the duration of the compliance period of this Judgment of Injunctive Relief, Defendant must create and maintain such records as are necessary to demonstrate compliance with this Judgment of Injunctive Relief and 29 C.F.R. § 1602 et seq., and must verify that the reports submitted pursuant to this Judgment regarding injunctive relief are accurate. The EEOC has the right to: (1) attend training sessions required by this Judgment of Injunctive Relief; (2) review any and all documents relevant to the relief provided in this Judgment of Injunctive Relief; (3) interview employees, managers, supervisors, and contractors; and (4) inspect Defendant’s premises solely for the purpose of verifying that the notice required by Paragraph 12, infra, has been posted. The EEOC shall provide Defendant at least forty-eight (48) hours’ advance notice prior to undertaking any action pursuant to this Paragraph. 10. RECORD KEEPING OF COMPLAINTS. Defendant shall maintain records of any complaints of sexual harassment for at
12

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 13 of 18
least thirty (30) months. These records shall include the names, addresses, telephone numbers, and social security numbers of any employee or applicant making a complaint, unless the complaining party was anonymous. These records shall also contain the date of the report or complaint, what was alleged, the names of any witnesses, the name and position of the alleged bad actor, and what actions, if any, Defendant took to respond to or resolve the complaint. These records shall be provided to the EEOC within thirty (30) days of the conclusion of Defendant’s investigation, in the manner set forth in paragraph 2(d), supra, and in accordance with paragraph 11, infra. 11. REPORTING. Defendant shall submit five (5) semi-annual reports to the Commission. Defendant shall submit the first report within six (6) months of the entry of the Court’s Judgment of Injunctive Relief, and each of the four (4) remaining reports every six (6) months thereafter. The reports shall contain a specific certification by Defendant with each of the requirements of this Judgment of Injunctive Relief during the subject six-month period. The certification shall refer, as to each item of compliance, to the appropriate paragraph of this Judgment of Injunctive Relief, and include a
13

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 14 of 18
statement of what was done to effectuate said compliance. The certification shall be made by affidavit, or its legal equivalent, executed by a person with knowledge. Defendant shall deliver these semi-annual reports to the Commission in the manner specified in paragraph 2(d) supra. The EEOC is entitled, within thirty (30) days of a written request, to copies of documents which may be reasonably necessary to verify Defendant’s compliance with this Judgment of Injunctive Relief, as described in Defendant’s semi-annual reports. 12. NOTICE OF VERDICT . Within fourteen (14) days of the entry of this Judgment of Injunctive Relief, Defendant must conspicuously post, at all of its facilities and work sites, a copy of the remedial notice attached hereto as Exhibit “B”. The notice must remain posted for the duration of the compliance period of this Judgment of Injunctive Relief. Defendant shall also continue to conspicuously post the Notice (poster) required by Title VII, throughout the compliance period of this Judgment of Injunctive Relief. 13. NOTIFICATION OF SUCCESSORS. This Judgment of Injunctive Relief is binding upon Defendant’s purchasers, successors, and assigns. Before executing an agreement to sell, assign, consolidate, or merge with another
14

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 15 of 18
company, Defendant must provide the entity entering into such agreement with a copy of this Judgment of Injunctive Relief. Defendant shall provide at least thirty (30) days’ advance written notice to the EEOC, or if thirty (30) days is not possible, then as much notice as is practicable, prior to an assignment, succession, acquisition, merger, or consolidation affecting Defendant. Said notice shall be made in accordance with paragraph 2(d), supra. 14. DURATION: COMPLIANCE AND ENFORCEMENT. a. The duration of this Judgment of Injunctive Relief
shall be thirty (30) months from the date of its entry. Said period shall constitute the “compliance period”. b. Effect of stay, if any. In the event Defendant seeks and obtains a stay of this Judgment of Injunctive Relief pending appeal, or pending other forms of challen ge hereto, and if such a stay be later lifted, then the compliance period shall be comprised of the three (3) years following the date on which said stay is lifted. c. The EEOC shall have six (6) months from the end of the compliance period within which to seek relief from the Court for any alleged failure by Defendant
15

Case 2:09-cv-06460-ILRL-JCW Document 103 Filed 08/18/11 Page 16 of 18
to comply with the terms of this Judgment of Injunctive Relief. Said period shall constitute the “enforcement period”. d. In the event the EEOC proves that Defendant has failed to comply with any provision of this Judgment of Injunctive Relief, Defendant shall pay the Commission for all reasonable costs incurred in the proof of such violation(s). The Court may also order such other relief as it deems appropriate in the circumstances. 15. NO-REHIRE OF THE HARASSER. Defendant has certified to the Court that Mr. Wolfe is no longer employed by Defendant in any capacity. Defendant shall not re-employ Mr. Wolfe during the Compliance Period of this Injunction. New Orleans, Louisiana, this 16TH day of August, 2011.
______________________________ UNITED STATES DISTRICT JUDGE
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Date: ______________

EXHIBIT “A”

[Boh Brothers Letterhead]
Dear Employee:
This letter is being sent to you as a result of a court order in a lawsuit brought by the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) against Boh Brothers Construction Company, LLC, in the United States District Court for the Eastern District of Louisiana, Civil Action Number 09-6460.
On March 24, 2011, a federal jury in New Orleans, Louisiana, found that Boh Brothers violated federal law by subjecting Kerry Woods to sexual harassment. The jury returned a verdict of $1000.00 in back pay and benefits, $200,000.00 in compensatory (emotional) damages, and $250,000.00 in punitive damages.
Federal law requires that there be no discrimination against any employee or applicant for employment because of an individual’s sex, or because the individual made a complaint of discrimination because of sex, with respect to hiring, compensation, promotion, discharge, or other terms, conditions, or privileges of employment. Boh Brothers will not tolerate any such sexual harassment or retaliation, and will take the appropriate disciplinary action against any manager, supervisor or employee who engages in sexual harassment or retaliation, up to and including termination.

Sincerely,

[signature of Boh Brothers CEO]

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EXHIBIT “B”
Date: ______________
LEGAL NOTICE
1. This NOTICE to all employees of Boh Brothers Construction Company, LLC. is being posted and provided as a result of a court order in a lawsuit brought by the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) against Boh Brothers Construction Company, LLC, in the United States District Court for the Eastern District of Louisiana, Civil Action Number 09-6460.
2. Federal law requires that there be no discrimination against any employee or applicant for employment because of sex, retaliation, race, national origin, color, age, disability, or religion with respect to hiring, compensation, promotion, discharge, or other terms, conditions, or privileges of employment.
3. Boh Brothers must comply with such federal law in all aspects, and it must not take any action against employees because they have exercised their rights under the law by filing charges or cooperating with the EEOC or by otherwise opposing employment practices made unlawful under federal law.
4. On March 24, 2011, a federal jury in New Orleans, Louisiana, found that Boh Brothers violated federal law by subjecting Kerry Woods to sexual harassment. The jury returned a verdict of $1000.00 in back p ay and benefits, $200,000.00 in compensatory (emotional) damages, and $250,000.00 in punitive damages.
5. The EEOC maintains offices throughout the United States, and has a website, www.eeoc.gov that will give you information about federal laws prohibiting employment discrimination and retaliation. EEOC’s toll-free telephone number is 1-800-669-4000. You should feel free to contact the EEOC if you have a complaint of discrimination, harassment, or retaliation.
6. This NOTICE must remain posted until three (3) years from the date of entry of the Judgment.
DO NOT REMOVE, COVER, OR DEFACE THIS LEGAL NOTICE
18

 
 Case 2:09-cv-06460-ILRL-JCW Document 122-1 Filed 02/03/14 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
v.
BOH BROTHERS CONSTRUCTION COMPANY, LLC
Defendant

CIVIL ACTION NO. 09-6460
SECTION B JUDGE LEMELLE
MAG. 2 (WILKINSON)

CONSENT JUDGMENT
WHEREAS, the jury in this matter rendered a verdict awarding, inter alia, $200,000 in non-pecuniary compensatory damages (“compensatory damages award”) to the Charging Party, Kerry Woods (“Woods”);
WHEREAS, this Court reduced the compensatory damages award to $50,000, in light of the jury’s punitive damages award of $250,000, and in light of the statutory limit under 42 U.S.C. § 1981a of $300,000 for the total of non-pecuniary compensatory damages and punitive damages;
WHEREAS, the en banc Fifth Circuit Court of Appeals vacated the punitive damages award and remanded this matter to the Court to determine the appropriate amount of compensatory damages due to Woods (see EEOC v. Boh Bros. Const. Co., L.L.C., 731 F.3d 444, 469 (5th Cir. 2013);

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Case 2:09-cv-06460-ILRL-JCW Document 122-1 Filed 02/03/14 Page 2 of 4
WHEREAS, the parties in this matter, Plaintiff, the United States Equal Employment Opportunity Commission (“EEOC” or “Commission”) and Defendant, Boh Bros. Construction Company, LLC (“Defendant”), have agreed on the terms of this Consent Judgment in order to set the appropriate amount of compensatory damages to be paid to Woods; and
WHEREAS, in light of the parties’ aforementioned agreement concerning the appropriate amount of compensatory damages for Woods, the EEOC hereby waives the jury award of $1,000 in back pay;
IT IS ORDERED, ADJUDGED, AND DECREED as follows: 1. The quantum of non-pecuniary compensatory damages, as determined by this Consent Judgment, is $125,000. Defendant shall deliver to Woods a cashier’s check, drawn on a bank in the United States, payable to Kerry Woods, in the amount of $125,000 (“payment on the judgment”), to the following address: Kerry Woods, 104 Leeds Place, Hattiesburg, MS 39402. Defendant shall deliver the payment on the judgment to Woods by trackable express delivery, such as FedEx, UPS, DHL, U.S. Priority mail, or a substantially equivalent method, such that Woods receives it within 14 days of the entry of this Judgment. Defendant shall withhold no taxes, and make no deductions, from the $125,000 payment on the judgment. 2. This Court shall retain jurisdiction over this matter to enforce this Judgment. 3. There shall be no appeal from this Judgment. 4. Defendant shall timely issue to Woods, at the address specified above, an IRS Form 1099 for the $125,000 payment on judgment. 5. Defendant shall provide to counsel for the EEOC, within seven days of delivery to Woods, copies (a) of the payment on the judgment and (b) of the Form 1099, along with
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Case 2:09-cv-06460-ILRL-JCW Document 122-1 Filed 02/03/14 Page 3 of 4 documentation which shows that delivery to Woods was timely made, and all other documentation which Defendant sends to Woods with the aforementioned items.
IT IS SO ORDERED, New Orleans, Louisiana, this ______ day of _________________, 2014.
________________________________________ UNITED STATES DISTRICT JUDGE
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Case 2:09-cv-06460-ILRL-JCW Document 122-1 Filed 02/03/14 Page 4 of 4
APPROVED AS TO FORM AND CONTENT:
FOR PLAINTIFF:
P. DAVID LOPEZ General Counsel No Bar Roll Number Assigned JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned
JIM SACHER Regional Attorney La. Bar Roll Number 14888 Equal Employment Opportunity Commission Houston District Office U.S. Equal Employment Opportunity Commission 1201 Louisiana St., 6th floor Houston, Texas 77002 Direct Dial: (713) 651-4963
/s/ Gregory T. Juge GREGORY T. JUGE (T.A.) Supervisory Trial Attorney (Acting) La. Bar Roll Number 20890 New Orleans Field Office 1555 Poydras Street, Suite 1900 New Orleans, LA 70112 Tel: (504) 595-2878 (Main Legal #)
(504) 595-2877 (Juge) Fax: (504) 595-2886 or 589-6861
FOR DEFENDANT:
/s/ Walter W. Christy Walter W. Christy La. Bar Roll Number 04134 Coats | Rose One Canal Place 365 Canal Street, Suite 800 New Orleans, Louisiana 70130 (504) 299-3070 Telephone (504) 299-3071 Facsimile
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 2/10/2014

LAED CM/ECF - Live

2000E,PROTO,STAYED

U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:09-cv-06460-ILRL-JCW

Equal Employment Opportunity Commission v. Boh Brothers Construction Company, LLC Assigned to: Judge Ivan L.R. Lemelle Referred to: Magistrate Judge Joseph C. Wilkinson, Jr Case in other court: USCA, 5th Circuit, 11-30770 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/23/2009 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Gregory T. Juge U. S. Equal Employment Opportunity Commission (New Orleans) 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2877 Email: gregory.juge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Eleanor Graham U. S. Equal Employment Opportunity Commission (New Orleans) 1555 Poydras Street Suite 1900 New Orleans, LA 70112 (504) 595-2875 Email: nancy.graham@eeoc.gov TERMINATED: 01/19/2010 LEAD ATTORNEY

James Philip Sacher U. S. Equal Employment Opportunity Commission 1919 Smith St. 7th Floor Houston, TX 77002 713-209-3398 ATTORNEY TO BE NOTICED

Tanya Lea Goldman Equal Employment Opportunity Commission (New Orleans)

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V. Defendant Boh Brothers Construction Company, LLC

LAED CM/ECF - Live
1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2914 Fax: 504-595-2886 Email: tanya.goldman@eeoc.gov ATTORNEY TO BE NOTICED
represented by Walter W. Christy Coats & Rose (New Orleans) One Canal Place 365 Canal St. Suite 800 New Orleans, LA 70130 504-299-3070 Email: wchristy@coatsrose.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin Wedge Latuso Cotten, Schmidt & Abbott, LLP 650 Poydras Street Suite 2810 New Orleans, LA 70130 504-568-9393 Email: elatuso@csa-lawfirm.com ATTORNEY TO BE NOTICED
Jacob C. Credeur Ogletree, Deakins, Nash, Smoak & Stewart (New Orleans) 701 Poydras St. Suite 3500 New Orleans, LA 70139 504-648-3840 Email: jacob.credeur@ogletreedeakins.com TERMINATED: 09/27/2012

Date Filed

# Docket Text

09/23/2009

1 COMPLAINT with Jury Demand against Boh Brothers Construction Company, LLC filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(gec, ) (Entered: 09/23/2009)

09/23/2009

2 Summons Issued as to Boh Brothers Construction Company, LLC. (gec, ) (Entered: 09/23/2009)

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10/05/2009 11/20/2009 11/23/2009 11/30/2009 12/02/2009 12/10/2009
01/14/2010
01/15/2010
01/19/2010
05/10/2010
05/13/2010

LAED CM/ECF - Live
3 WAIVER OF SERVICE Returned Executed; waiver sent to Boh Brothers Construction Company, LLC on 9/28/2009, answer due 11/27/2009. (Graham, Nancy) (Entered: 10/05/2009)
4 ANSWER to 1 Complaint by Boh Brothers Construction Company, LLC.(Christy, Walter) (Entered: 11/20/2009)
5 Statement of Corporate Disclosure by Boh Brothers Construction Company, LLC (Christy, Walter) (Entered: 11/23/2009)
6 ORDER - Scheduling Conference set for 12/17/2009 10:30 AM before Magistrate Judge Joseph C. Wilkinson, Jr.. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(gec, ) (Entered: 11/30/2009)
7 ORDER cancelling the 12/17/09 conf as stated herein. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF - J. Lemelle)(car, ) (Entered: 12/02/2009)
8 Order Vacating Case Referral to Magistrate Judge; FURTHER ORDERED that Scheduling Conference set for 1/14/2010 11:00 AM by telephone with case manager to select trial dates. Signed by Judge Ivan L. R. Lemelle on 12/8/09.(lag, ) (Entered: 12/10/2009)
9 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney GREGORY T. JUGE to be substituted in place of N. ELEANOR GRAHAM by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Juge, Gregory) (Entered: 01/14/2010)
10 SCHEDULING ORDER: Final Pretrial Conference set for 2/24/2011 02:30 PM before Judge Ivan L. R. Lemelle. Jury Trial set for 3/21/2011 08:30 AM before Judge Ivan L. R. Lemelle. Signed by Judge Ivan L. R. Lemelle on 1/14/10. (Attachments: # 1 Pretrial Notice Form)(bjj, ) (Entered: 01/15/2010)
11 ORDER granting 9 Motion to Substitute Attorney. Added attorney Gregory T. Juge for Equal Employment Opportunity Commission. Attorney Nancy Eleanor Graham terminated. Signed by Judge Ivan L. R. Lemelle on 1/15/2010. (lag, ) (Entered: 01/19/2010)
12 EXPARTE/CONSENT MOTION for Protective Order (Stipulated) by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Joseph C. Wilkinson Jr. (Attachments: # 1 Proposed Stipulated Protective Order)(Juge, Gregory) Modified on 5/11/2010 (lag, ). (Entered: 05/10/2010)
13 ORDER granting 12 Motion for Stipulated Protective Order. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 05/13/2010)

11/08/2010 11/15/2010 12/23/2010

14 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order) (Goldman, Tanya) (Entered: 11/08/2010)
15 ORDER granting 14 Motion to Enroll as Counsel of Record Tanya Goldman. Signed by Judge Ivan L.R. Lemelle on 11/12/2010. (lag, ) (Entered: 11/15/2010)
16 Witness and Exhibit List by Boh Brothers Construction Company, LLC. (Christy, Walter) (Entered: 12/23/2010)

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12/27/2010

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17 Exhibit List by Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 12/27/2010)

12/27/2010

18 Witness List by Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 12/27/2010)

12/27/2010

19 EXPARTE/CONSENT MOTION Reschedule Deadline for Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy, Walter) (Entered: 12/27/2010)

01/04/2011

20 ORDER granting 19 Motion to Reschedule Deadline for Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony. Signed by Judge Ivan L.R. Lemelle on 1/3/2011. (lag, ) (Entered: 01/04/2011)

01/06/2011

21 EXPARTE/CONSENT MOTION Reschedule Deadlines for Filing Opposition and Reply Memoranda to Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Goldman, Tanya) (Entered: 01/06/2011)

01/07/2011

22 RESPONSE to Motion filed by Boh Brothers Construction Company, LLC re 21 MOTION Reschedule Deadlines for Filing Opposition and Reply Memoranda to Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony. (Christy, Walter) (Entered: 01/07/2011)

01/13/2011

23 ORDER granting 21 Motion to Reschedule Deadlines for Filing Opposition and Reply Memoranda to Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony as set forth in document. Signed by Judge Ivan L.R. Lemelle on 1/11/2011. (lag, ) (Entered: 01/13/2011)

01/27/2011

24 EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Summary Judgment in Excess of Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy, Walter) (Entered: 01/27/2011)

01/28/2011

25 ORDER denying 24 Motion for Leave to File memo in excess of page limitation. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 01/28/2011)

01/31/2011

26 MOTION to Compel Discovery by Equal Employment Opportunity Commission. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion Hearing set for 2/16/2011 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr.. (Attachments: # 1 Memorandum in Support, # 2 37.1 Certificate, # 3 Proposed Order, # 4 Notice of Hearing, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D)(Goldman, Tanya) Modified on 2/1/2011 (lag, ). (Entered: 01/31/2011)

02/01/2011

27 MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold, MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold by Boh Brothers Construction Company, LLC. Motion Hearing set for 2/16/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Notice of Submission, # 5 Proposed Order)(Christy, Walter) (Entered: 02/01/2011)

02/01/2011

28 EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Summary Judgment in Excess of 25 Page Limitation Not to Exceed 30 Pages by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed

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Order, # 2 Proposed Pleading, # 3 Proposed Pleading, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Proposed Pleading, # 16 Proposed Pleading, # 17 Proposed Order)(Christy, Walter) (Entered: 02/01/2011)

02/02/2011

29 Correction of Docket Entry by Clerk re 27 MOTION to Strike,MOTION to Exclude, 28 MOTION for Leave to File ; The title of the attached Notice should reflect "Notice of Submission" instead of "Notice of Hearing" on the actual document, pursuant to the Local Rules. (lag, ) (Entered: 02/02/2011)

02/03/2011

30 ORDER granting 28 Motion for Leave to File motion for summary judgment in excess of 25 pages. Signed by Judge Ivan L.R. Lemelle on 2/2/2011. (lag, ) (Entered: 02/03/2011)

02/03/2011

31 MOTION for Summary Judgment by Boh Brothers Construction Company, LLC. Motion Hearing set for 2/16/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Exhibit A-B, # 4 Exhibit C-K, # 5 Notice of Submission, # 6 Proposed Order)(lag, ) (Entered: 02/03/2011)

02/04/2011

32 ORDER finding as moot 26 Motion to Compel. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 02/04/2011)

02/11/2011

33 ORDER granting 31 Motion for Summary Judgment. Signed by Judge Ivan L.R. Lemelle on 2/10/2011. (lag, ) (Entered: 02/11/2011)

02/11/2011

34 ORDER VACATING 33 Order on Motion for Summary Judgment ; Opposition to said motion shall be filed in accordance with the Court's previous order. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 02/11/2011)

02/11/2011

35 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 27 MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Juge, Gregory) (Entered: 02/11/2011)

02/11/2011

36 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 31 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibits Declaration, # 12 Statement of Contested/Uncontested Facts)(Goldman, Tanya) (Entered: 02/11/2011)

02/14/2011

37 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading) (Christy, Walter) (Entered: 02/14/2011)

02/14/2011

38 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiff's Opposition to Defendant's Daubert Motion and Motion to Strike and/or Motion in Limine to Exclude the Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit, # 4 Exhibit)(Christy, Walter) (Entered: 02/14/2011)

02/16/2011 39 ORDER granting 37 , 38 Motions for Leave to File replies. Signed by Judge Ivan

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02/16/2011 02/16/2011
02/18/2011 02/25/2011
02/28/2011 02/28/2011 02/28/2011
02/28/2011 03/14/2011 03/14/2011 03/14/2011 03/14/2011

LAED CM/ECF - Live
L.R. Lemelle on 2/15/2011. (lag, ) (Entered: 02/16/2011)
40 REPLY to Response to Motion filed by Boh Brothers Construction Company, LLC re 31 MOTION for Summary Judgment. (lag, ) (Entered: 02/16/2011)
41 REPLY to Response to Motion filed by Boh Brothers Construction Company, LLC re 27 MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(lag, ) (Entered: 02/16/2011)
42 Proposed Pretrial Order by Boh Brothers Construction Company, LLC, Equal Employment Opportunity Commission (Goldman, Tanya) (Entered: 02/18/2011)
43 ORDERED that the Court will hear oral argument on the 27 MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold and/or MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold and the 31 MOTION for Summary Judgment on 2/28/2011 at 11:30 AM. FURTHER ORDERED that the Final Pretrial Conference set for 2/25/11 is CONTINUED and will take place on 2/28/2011 following oral argument. Signed by Judge Ivan L.R. Lemelle on 2/25/11.(dno, ) (Entered: 02/25/2011)
44 ORDER denying 31 Motion for Summary Judgment ; FURTHER ORDERED that dft's attempt to raise the Ellerth/Faragher affirmative defense at this stage of the proceedings is denied without prejudice to dft to reurge the defense at trial. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 03/01/2011)
45 ORDER granting 27 Motion to Strike, Motion to Exclude testimony and report of pla's designated expert. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 03/01/2011)
46 Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Final Pretrial Conference held, Motion Hearing held on 2/28/2011 re 31 MOTION for Summary Judgment ; 27 MOTION to Strike, MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold. (Court Reporter Susan Zielie.) (lag, ) (Entered: 03/01/2011)
47 TRIAL PREPARATION ORDER: Jury Trial set for 3/21/2011 08:30 AM before Judge Ivan L.R. Lemelle.. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 03/01/2011)
48 Proposed Jury Instructions by Boh Brothers Construction Company, LLC, Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 03/14/2011)
49 Proposed Jury Verdict Form by Boh Brothers Construction Company, LLC, Equal Employment Opportunity Commission. (Attachments: # 1 Appendix A)(Goldman, Tanya) (Entered: 03/14/2011)
50 Proposed Voir Dire by Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 03/14/2011)
51 Memorandum by Equal Employment Opportunity Commission of Responses to Defendant's Objections to EEOC's Exhibits (Goldman, Tanya) (Entered: 03/14/2011)

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03/14/2011 03/14/2011 03/14/2011 03/21/2011 03/22/2011 03/23/2011
03/24/2011
03/28/2011
04/07/2011
04/07/2011 04/11/2011 04/12/2011
04/14/2011

LAED CM/ECF - Live
52 TRIAL BRIEF by Boh Brothers Construction Company, LLC. (Christy, Walter) (Entered: 03/14/2011)
53 Proposed Voir Dire by Boh Brothers Construction Company, LLC. (Christy, Walter) (Entered: 03/14/2011)
54 Memorandum by Boh Brothers Construction Company, LLC of Response to Plaintiff's Objections to Defendant's Proposed Exhibits (Christy, Walter) (Entered: 03/14/2011)
55 Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial begun on 3/21/2011. Trial continued to 3/22/2011 8:30 AM. (Court Reporter Susan Zielie.) (lag, ) (Entered: 03/24/2011)
56 Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial held on 3/22/2011. Trial continued to 3/23/2011 9:00 AM. (Court Reporter Susan Zielie.) (lag, ) (Entered: 03/24/2011)
57 Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial held on 3/23/2011. Deliberations continue to 3/24/2011 8:30 AM. (Court Reporter Susan Zielie.) (Attachments: # 1 Stipulation, # 2 Jury Questions, # 3 Certification of Trial Exhibits, # 4 Ntc of Removal of Exhibits) (lag, ) (Entered: 03/24/2011)
58 Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial completed on 3/24/2011. (Court Reporter Susan Zielie.) (Attachments: # 1 Jury Charges, # 2 Jury Interrogatories) (lag, ) (Additional attachment(s) added on 3/30/2011: # 3 Exhibit List) (lag, ). (Entered: 03/24/2011)
59 ORDER that judgment will be rendered in favor of plaintiff against defendant as set forth in document; FURTHER ORDERED that pla shall file motion for injunctive relief by 4/8/2011 and hearing shall occur 4/27/2011 9:00 AM in open court; the Court directs the Clerk of Court to conduct taxation of costs hearing to assess costs in favor of pla. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 03/29/2011)
60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) by Equal Employment Opportunity Commission. Motion set for 4/27/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Appendix A, # 3 Proposed Judgment of Injunctive Relief, # 4 Notice of Submission)(Juge, Gregory) (Entered: 04/07/2011)
61 Order to Pay Jurors Meals. Signed by Judge Ivan L.R. Lemelle on 4/4/2011.(lag, ) (Entered: 04/08/2011)
62 EXPARTE/CONSENT MOTION Reschedule Hearing by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy, Walter) (Entered: 04/11/2011)
63 ORDER granting 62 MOTION to Reschedule Hearing, Resetting Hearing on 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) for 5/9/2011 09:00 AM before Judge Ivan L.R. Lemelle. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 04/12/2011)
64 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy,

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Walter) Modified on 4/15/2011 (lag, ). (Entered: 04/14/2011)

04/15/2011

65 ORDER granting 64 Motion for Extension of Time to File Response/Reply by 4/19/2011. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 04/15/2011)

04/19/2011

66 RESPONSE/MEMORANDUM in Opposition filed by Boh Brothers Construction Company, LLC re 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Christy, Walter) Modified on 4/20/2011 (lag, ). (Entered: 04/19/2011)

04/25/2011

67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59 by Boh Brothers Construction Company, LLC. Motion set for 5/11/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Christy, Walter) (Entered: 04/25/2011)

04/25/2011

68 MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e) by Boh Brothers Construction Company, LLC. Motion set for 5/11/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Christy, Walter) (Entered: 04/25/2011)

04/25/2011

69 EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Judgment as a Matter of Law in Excess of 25 Page Limitation Not to Exceed 28 Pages by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading, # 4 Proposed Pleading, # 5 Proposed Pleading)(Christy, Walter) (Entered: 04/25/2011)

04/26/2011

70 EXPARTE/CONSENT MOTION to Continue Submission Dates for Defendant's Rule 50, 59, and 59(e) Post-Trial Motions by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Goldman, Tanya) (Entered: 04/26/2011)

04/26/2011

71 REPLY to Response to Motion filed by Equal Employment Opportunity Commission re 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) . (Attachments: # 1 Exhibit A)(Goldman, Tanya) Modified on 4/26/2011 (lag, ). (Entered: 04/26/2011)

04/26/2011

72 TRANSCRIPT of Jury Trial Proceedings-Day 1 held on 03/21/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)

04/26/2011

73 TRANSCRIPT of Jury Trial Proceedings - Day 2 held on 03/22/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)

04/26/2011

74 TRANSCRIPT of Jury Trial Proceedings - Day 3 held on 03/23/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504589-7781. Transcript may be viewed at the court public terminal or purchased

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through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)
75 TRANSCRIPT of Jury Trial Proceedings-Day 4 held on 03/24/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)

04/26/2011 04/26/2011 04/28/2011 05/04/2011 05/13/2011
05/13/2011 06/10/2011

76 ORDER granting 69 Motion for Leave to File memorandum in support of its Motion for Judgment as a Matter of Law in excess of twenty five pages not to exceed twenty eight pages. Signed by Judge Ivan L.R. Lemelle on 4/26/2011. (blg) (Entered: 04/27/2011)
77 MOTION for Judgment as a Matter of Law by Boh Brothers Construction Company, LLC. Motion set for 5/11/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(blg) (Entered: 04/27/2011)
78 ORDER 70 MOTION to Continue submission dates on 68 MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e), 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59, 77 MOTION for Judgment as a Matter of Law : Motions reset for 6/22/2011 before Judge Ivan L.R. Lemelle. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 04/28/2011)
79 ORDER: Oral Argument on 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) scheduled for 5/9/2011 is rescheduled and will take place 5/13/2011 at 09:00 AM before Judge Ivan L.R. Lemelle. Signed by Judge Ivan L.R. Lemelle.(ijg, ) (Entered: 05/04/2011)
80 ORDERED that 60 MOTION for Injunctive Relief, 67 MOTION for New Trial, 68 MOTION Remit Judgment and 77 MOTION for Judgment as a Matter of Law is CONTINUED and reset for 6/24/2011 09:00 AM before Judge Ivan L.R. Lemelle. FURTHER ORDERED that, prior to the hearing, counsel for the parties shall discuss in good faith options for the substantive content of a proposed Order and Judgment as stated within document. FURTHER ORDERED that, if counsel for the parties reach an impasse, they shall send to the court a joint letter outlining the work already done and the issue(s) causing said impasse no later than 6/21/2011. Signed by Judge Ivan L.R. Lemelle.(gec, ) (Entered: 05/16/2011)
81 Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Motion Hearing held on 5/13/2011 re 77 MOTION for Judgment as a Matter of Law; 68 MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e) ; 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) ; 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59. (Court Reporter David Zarek.) (lag, ) (Entered: 06/01/2011)
82 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 77 MOTION for Judgment as a Matter of Law.

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(Goldman, Tanya) (Entered: 06/10/2011)

06/10/2011

83 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 68 MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e) . (Goldman, Tanya) Modified on 6/13/2011 (lag, ). (Entered: 06/10/2011)

06/10/2011

84 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59. (Goldman, Tanya) (Entered: 06/10/2011)

06/22/2011

85 DEFICIENT EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Remit the Judgment Pursuant to Federal Rule of Civil Procedure 59(e) by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) Modified on 6/23/2011 (lag, ). (Entered: 06/22/2011)

06/22/2011

86 DEFICIENT EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for New Trial Pursuant to Federal Rule of Civil Procedure 59 by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) Modified on 6/23/2011 (lag, ). (Entered: 06/22/2011)

06/22/2011

87 DEFICIENT EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Federal Rule of Civil Procedure 50(b) Motion for Judgment as a Matter of Law by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) Modified on 6/23/2011 (lag, ). (Entered: 06/22/2011)

06/23/2011

88 Letter to Court from Tanya L. Goldman dated 6/23/2011 (lag, ) (Entered: 06/23/2011)

06/23/2011

89 Letter to Court from Walter W. Christy dated 6/23/2011 (lag, ) (Entered: 06/23/2011)

06/23/2011

90 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for a New Trial Pursuant to Federal Rule of Civil Procedure 59 and to File Reply Memorandum in Excess of 10 Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) (Entered: 06/23/2011)

06/23/2011

91 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Remit the Judgment Pursuant to Federal Rule of Civil Procedure 59(e) and to File Reply Memorandum in Excess of 10 Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) (Entered: 06/23/2011)

06/23/2011

92 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Federal Rule of Civil Procedure 50(b) Motion for Judgment as a Matter of Law and to File Reply Memorandum in Excess of 10 Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) (Entered: 06/23/2011)

06/24/2011

94 Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Motion Hearing held on 6/24/2011 re 60 MOTION for Permanent Injunction (Judgment of

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Injunctive Relief) filed by Equal Employment Opportunity Commission, 77 MOTION for Judgment as a Matter of Law, 68 MOTION to Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e), and 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59 filed by Boh Brothers Construction Company, LLC. (Court Reporter Susan Zielie.) (ijg, ) (Entered: 06/29/2011)
93 ORDER that 67 Motion for New Trial & 77 Motion for Judgment as a Matter of Law are denied; FURTHER ORDERED that 68 Motion to Remit Judgment is granted in part and denied in part; FURTHER ORDERED that jury's award of damages is reduced as set forth in document; FURTHER ORDERED that 60 Motion for Permanent Injunction is taken under submission; FURTHER ORDERED that 90 , 91 , 92 Motions for Leave to File are dismissed as moot. Signed by Judge Ivan L.R. Lemelle on 6/24/2011. (lag, ) (Entered: 06/27/2011)
95 EXPARTE/CONSENT MOTION to Stay re 93 Order Pending Adjudication of Appeal by Boh Brothers Construction Company, LLC. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Christy, Walter) Modified on 7/12/2011 (lag, ). (Entered: 07/11/2011)
96 EXPARTE/CONSENT MOTION Approval of Supersedeas Bond by Boh Brothers Construction Company, LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Order)(Christy, Walter) (Entered: 07/11/2011)
97 ORDER granting 95 Motion to Stay Execution of Judgment; granting 96 Motion for Approval of Supersedeas Bond. Dft shall file original supersedeas bond into registry of the Court within 5 days. Signed by Judge Ivan L.R. Lemelle on 7/19/2011. (NEF: Financial) (lag, ) (Entered: 07/20/2011)

07/22/2011 07/29/2011 08/04/2011
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98 Notice of Compliance by Boh Brothers Construction Company, LLC re 97 Order. (Attachments: # 1 Exhibit)(Christy, Walter) Modified on 7/25/2011 (mmv, ). (Entered: 07/22/2011)
99 BILL OF COSTS by Equal Employment Opportunity Commission before Clerk of Court (Attachments: # 1 Motion to Tax Costs, # 2 Notice of Submission)(Goldman, Tanya) (Entered: 07/29/2011)
100 TRANSCRIPT of Motion Proceedings held on 06/24/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 11/2/2011. (bgh, ) (Entered: 08/04/2011)
101 Response/Reply by Boh Brothers Construction Company, LLC to 99 Bill of Costs (before Clerk) (Christy, Walter). (NEF: Bill of Cost Clerk) Modified on 8/9/2011 (mmv, ). (Entered: 08/08/2011)
102 ORDER & OPINION granting 60 Motion for Injunctive Relief as set forth in document. Signed by Judge Ivan L.R. Lemelle on 8/15/2011. (lag, ) (Entered: 08/16/2011)

08/18/2011

103 JUDGMENT of Injunctive Relief. Signed by Judge Ivan L.R. Lemelle on 8/16/2011.(lag, ) (Entered: 08/18/2011)

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104 NOTICE OF APPEAL by Boh Brothers Construction Company, LLC as to 103 Judgment, 93 Order . (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) (Christy, Walter) Modified on 8/22/2011 (lag, ). (Entered: 08/19/2011)

08/22/2011

USCA Appeal Fee paid as to Boh Brothers Construction Company, LLC (Filing fee $ 455) re 104 Notice of Appeal filed by Boh Brothers Construction Company, LLC (cl, ) (Entered: 08/22/2011)

08/23/2011

105 MOTION to Stay re 103 Judgment of Injunctive Relief by Boh Brothers Construction Company, LLC. Motion set for 9/14/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Notice of Submission, # 5 Proposed Order)(Christy, Walter) (Entered: 08/23/2011)

08/23/2011

106 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion to Stay Judgment of Injunctive Relief by Boh Brothers Construction Company, LLC. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Christy, Walter) (Entered: 08/23/2011)

08/23/2011

107 Supplemental Memorandum by Boh Brothers Construction Company, LLC to 106 MOTION to Expedite Hearing on Motion to Stay Judgment of Injunctive Relief(Attachments: # 1 Proposed Order)(Christy, Walter) Modified on 8/24/2011 (mmv, ). (Entered: 08/23/2011)

08/25/2011

108 APPEAL TRANSCRIPT REQUEST by Boh Brothers Construction Company, LLC (Christy, Walter) (Entered: 08/25/2011)

08/25/2011

109 RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 105 MOTION to Stay re 103 Judgment of Injunctive Relief. (Goldman, Tanya) Modified on 8/26/2011 (mmv, ). (Entered: 08/25/2011)

08/31/2011

110 ORDER granting 106 MOTION to Expedite re 105 MOTION to Stay ; Any additional responses due 8/31/2011. Signed by Judge Ivan L.R. Lemelle on 8/30/2011.(mmv, ) (Entered: 08/31/2011)

09/14/2011

111 Certified and Transmitted Record on Appeal to US Court of Appeals re 104 Notice of Appeal. USCA Case Number 11-30770. (mmv, ) (Entered: 09/21/2011)

09/20/2011

112 Bill of Costs Taxed in amount of $9,333.05. Signed by Clerk. (mmv, ) (Entered: 09/22/2011)

10/12/2011

113 Appeal Record on Loan re 104 Notice of Appeal - 8 Volumes of Original Record, 1 binder of Exhibits. (caa, ) (Main Document 113 replaced on 10/18/2011) (mmv, ). (Entered: 10/14/2011)

10/18/2011

114 Correction of Docket Entry by Clerk re 113 Appeal Record on Loan. Requesting party was corrected on document image. Image substituted by Clerk. (mmv, ) (Entered: 10/18/2011)

10/31/2011

115 ORDER AND REASONS denying 105 Motion to Stay. Signed by Judge Ivan L.R. Lemelle on 10/28/11. (mmv, ) (Entered: 10/31/2011)

09/18/2012

116 EXPARTE/CONSENT MOTION to Withdraw Jacob C. Credeur as Attorney by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order) (Credeur, Jacob) (Entered: 09/18/2012)

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117 ORDER granting 116 Motion to Withdraw Attorney Jacob C. Credeur as counsel of record for Boh Brothers Construction Company, LLC. Signed by Judge Ivan L.R. Lemelle on 9/26/2012. (ijg, ) (Entered: 09/27/2012)

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118 USCA JUDGMENT issued as mandate on 11/19/2013 as to 104 Notice of Appeal filed by Boh Brothers Construction Company, LLC. Ordered that the judgment of the District Court is affirmed in part and reversed in part, and the cause is remanded to the District Court for further proceedings. USCA judge name: STEWART, KING, JOLLY, DAVIS, JONES, SMITH, DeMOSS, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON. (lag, ) (Entered: 11/22/2013)
119 Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 104 Notice of Appeal (lag, ) (Entered: 11/22/2013)
120 Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 104 Notice of Appeal. The electronic copy of the record has been recycled. (my, ) (Entered: 11/25/2013)
121 CORRECTED Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 104 Notice of Appeal. The electronic copy of the record has been recycled. (my, ) (Entered: 11/25/2013)
122 EXPARTE/CONSENT MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Consent Judgment)(Juge, Gregory) (Entered: 02/03/2014)

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 4/14/2014

Boh Bros. Construction Co. to Pay $125,000 for Same-Sex Harassment in EEOC Lawsuit

U.S. Equal Employment Opportunity Commission

PRESS RELEASE 2­27­14
Boh Bros. Construction Co. to Pay $125,000 for Same­Sex Harassment in EEOC Lawsuit

Consent Judgment Ending Case Follows En Banc Appeals Court Determination That Actions in Question Were Sex Discrimination and Remand to Determine Damages; Significant Injunctive Relief Reinstated
NEW ORLEANS ­ Boh Bros. Construction Co. has agreed with the U.S. Equal Employment Opportunity Commission (EEOC) to a consent judgment which requires the company to pay $125,000 in compensatory damages to a former employee in a sex discrimination/same sex harassment case. The consent judgment cannot be appealed and effectively brings the litigation to a close.
The EEOC filed the suit against Boh Bros. (EEOC v. Boh Bros. Construction Co., Civil Action No. 09­6460) in U.S. District Court for the Eastern District of Louisiana, in 2009 charging that a superintendent, Chuck Wolfe, harassed Kerry Woods with verbal abuse, taunting gestures of a sexual nature, and by exposing himself. The harassment took place on the I­10 Twin Span project over Lake Pontchartrain between Slidell and New Orleans, La. Woods's supervisor admitted at the trial that he harassed Woods because he thought Woods was feminine and did not conform to the supervisor's gender stereotypes of "rough iron workers."
Following a jury trial, Boh Bros was found to have permitted hostile work environment sexual harassment which is illegal sex discrimination under Title VII of the Civil Rights Act of 1964. The jury awarded Woods a total of $ $451,000 in back pay and compensatory and punitive damages, which the district court reduced to $301,000 because of statutory limits. The district court entered injunctive relief to prevent future occurrences of discrimination.
The injunction additionally required the chief executive officer of Boh Bros. to send a letter to all company employees "advising them of the verdict against Defendant in this case on the claim of sexual harassment, stating that Defendant will not tolerate sexual harassment or retaliation, and that Defendant will take appropriate disciplinary action against any manager, supervisor, or employee who engages in sexual harassment or retaliation." The court further ordered that Boh Bros. may not re­hire the harassing official during the life of the injunction.
The district court also denied Boh Bros.' motions for judgment as a matter of law and for a new trial. Boh Bros. subsequently appealed.
In April 2012, a three­judge panel of the U.S. Court of Appeals for the Fifth Circuit (case number 11­30770) reversed the jury verdict, finding that the evidence did not establish that Boh Bros. had harassed Woods "because of sex." The EEOC asked all the judges of the Fifth Circuit to rehear the case en banc. In September 2013, a 10­6 majority of the Court of Appeals found that the law and evidence supported the jury's finding that Boh Bros. had illegally harassed Woods because of sex, in violation of Title VII.
The en banc Fifth Circuit also rejected the company's appeal of the district court's entry of a judgment of injunctive relief: "The injunction is reasonably tailored to address deficiencies in [the company's] sexual harassment policies, inform and train employees regarding the relevant law, and prevent similar conduct from recurring."
Thus, the full Fifth Circuit Court of Appeals restored a jury's finding from March 2011 that Boh Bros. illegally subjected Woods to severe or pervasive harassment based on gender stereotypes. The Court of Appeals remanded the case to the district court for further proceedings, including setting the proper amount of emotional damages in light of the appellate decision.
"I am ecstatic that the full Court of Appeals ruled in our favor with this outcome," said Woods. "It's been a roller coaster. I'm grateful that the EEOC fought so hard for me over all these years. It proves to me that the government is really there to help people."
EEOC General Counsel David Lopez said, "The EEOC's recent record in winning jury trials like this one is

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remarkable, and the full Fifth Circuit here reaffirmed the critical part juries play in deciding discrimination cases. This resolution remains faithful to the jury's verdict by providing meaningful relief to Mr. Woods and helping to prevent Boh Bros. from discriminating again."

New Orleans­based Boh Bros. is a major construction contractor that operates in the New Orleans and Gulf South areas. According to company information, Boh Bros. employs more than 1,300 people on projects in the transportation, municipal, industrial, manufacturing and energy sectors.

The EEOC was represented at the trial in New Orleans by attorneys Gregory T. Juge and Tanya L. Goldman.

The EEOC enforces federal law prohibiting employment discrimination. Further information is available on its web site at www.eeoc.gov.

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