2003 WL 23713084 (S.D.Tex.) (Cite as: 2003 WL 23713084)

Page 1

For Dockets See 4:03CV03289
United States District Court, S.D. Texas. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. FIRST AID PRODUCTS LP Nutramax First Aid Division, a subsidiary of Nutramax
Products, Inc., and Nutramax Products, Inc., Defendants. No. H-03-3289.
August 18, 2003.
Jury Trial Demanded
Complaint Eric S. Dreiband, General Counsel, Equal Employment Opportunity Commission, Washington, D.C., Rose Adewale-Mendes, Acting Regional Attorney, Rudy L. Sustaita, Senior Trial Attorney, Attorney-in-Charge, Texas Bar No. 19523560, Equal Employment Opportunity Commission, Houston, Texas
NATURE OF THE ACTION
1 This is an action under Title VII of the Civil Rights Act of 1964, as amended, by Title I of the Civil Rights Act of 1991, to correct unlawful employment discrimination on the basis of sex and to provide appropriate relief to Debbie Kelley (“Kelley”), who was adversely affected by the unlawful practices. While employed by Defendant First Aid Products L.P., Nutramax First Aid Division and Defendant Nutramax Products, Inc. (collectively “Defendant”), Ms. Kelley was subjected to unlawful sexual harassment and disparate terms, conditions and privileges of employment because of her sex, female.
JURISDICTION AND VENUE
2. Pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343
and 1345, the United States District Court has jurisdiction over the subject matter of this civil action. 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, et seq. (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
3. The unlawful employment practices alleged in this complaint were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in this court.
PARTIES
4. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpreta-
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2003 WL 23713084 (S.D.Tex.) (Cite as: 2003 WL 23713084)

Page 2

tion and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
5. Defendant First Aid Products L.P., Nutramax First Aid Division, a Subsidiary of Nutramax Products, Inc. is a Texas limited partnership. Defendant First Aid Products L.P. is now doing business (and has continuously been doing business) in the State of Texas, Harris County, and the City of Houston, and has continuously had more than 15 employees at all times relevant to this cause of action.
6. Defendant Nutramax Products, Inc., a Delaware corporation, is now doing business (and has continuously been doing business) in the State of Texas, Harris County, and the City of Houston, and has continuously had more than 15 employees at all times relevant to this cause of action. Defendant First Aid Products L.P., Nutramax First Aid Division, and Defendant Nutramax Products, Inc. shall be collectively known as “Defendant.”
7. 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
8. More than thirty days prior to the institution of this lawsuit, Ms. Kelley filed with the Commission a charge alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled, including the filing of a timely charge of employment discrimination, and an attempt to conciliate the matter.
9. Since at least May 2001, Defendant engaged in unlawful employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), at its Houston facility located at 15200 1-45 North, Houston, Texas 77090.
10. Since at least May 2001, Defendant's supervisor, Sayed Akbar, has subjected Ms. Kelley to unlawful sexual harassment and to disparate terms, conditions and privileges of employment because of her sex, female.
11. The effect of the practices complained of above has been to deprive Ms. Kelley of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex, female.
12. The unlawful employment practices of which the Commission complains in the preceding paragraphs were intentional.
13. The unlawful employment practices complained of in the preceding paragraphs were done with malice or with reckless indifference to Ms. Kelley's federally protected rights.
PRAYER FOR RELIEF
14. Wherefore, the Commission respectfully requests that this Court:

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Page 3

A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, 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 applicants and employees regardless of their sex, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant to make whole Ms. Kelley, by providing appropriate backpay, including all bonuses; and by providing compensation for any other pecuniary losses, past and future, including out-of-pocket in amounts to be proved at trial; D. Order Defendant to provide Ms. Kelley, compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to determined at trial; E. Order other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices; F. Order Defendant to pay punitive damages, in amounts to be determined at trial, for its malicious and reckless conduct; G. Award pre-judgment interest and post-judgment interest on all amounts recovered; H. Grant such further relief as the Court deems necessary and proper in the public interest; I. Award the Commission its costs of this action.
JURY TRIAL DEMAND
15. The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted,
Eric S. Dreiband
General Counsel
Equal Employment Opportunity Commission
1801 L Street, N.W.
Washington, D.C. 20507
Rose Adewale-Mendes
Acting Regional Attorney
Rudy L. Sustaita
Senior Trial Attorney
Attorney-in-Charge
Texas Bar No. 19523560
Equal Employment Opportunity Commission
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2003 WL 23713084 (S.D.Tex.) (Cite as: 2003 WL 23713084)

Page 4

1919 Smith Street, 7th Floor
Houston, Texas 77002
(713) 209-3400
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. FIRST AID PRODUCTS LP Nutramax First Aid Division, a subsidiary of Nutramax Products, Inc., and Nutramax Products, Inc., Defendants. 2003 WL 23713084 (S.D.Tex.)
END OF DOCUMENT

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 2003 WL 23713088 (S.D.Tex.) (Cite as: 2003 WL 23713088)

Page 1

For Dockets See 4:03CV03289
United States District Court, S.D. Texas. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v. FIRST AID PRODUCTS L.P., Nutramax First Aid Division, a subsidiary of Nutramax Products, Inc., and First Aid Products, Inc., and Nutramax Products, Inc., Defend-
ants. No. H-03-3289. September 4, 2003.
Jury Trial Demanded
First Amended Complaint Eric S. Dreiband, General Counsel, Equal Employment Opportunity Commission, Washington, D.C., Rose Adewale-Mendes, Acting Regional Attorney, Rudy L. Sustaita, Senior Trial Attorney, Attorney-in-Charge, Texas Bar No. 19523560, Equal Employment Opportunity Commission, Houston, Texas
NATURE OF THE ACTION
1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, by Title I of the Civil Rights Act of 1991, to correct unlawful employment discrimination on the basis of sex and to provide appropriate relief to Debbie Kelley (“Kelley”), who was adversely affected by the unlawful practices. While employed by Defendant First Aid Products L.P., Nutramax First Aid Division; Defendant First Aid Products, Inc.; and Defendant Nutramax Products, Inc. (collectively “Defendant”), Ms. Kelley was subjected to unlawful sexual harassment and disparate terms, conditions and privileges of employment because of her sex, female.
JURISDICTION AND VENUE
2. Pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345, the United States District Court has jurisdiction over the subject matter of this civil action. 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, et seq. (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
3. The unlawful employment practices alleged in this complaint were committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in this court.
PARTIES
4. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action
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2003 WL 23713088 (S.D.Tex.) (Cite as: 2003 WL 23713088)

Page 2

by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
5. Defendant First Aid Products L.P., Nutramax First Aid Division, a Subsidiary of Nutramax Products, Inc. is a Texas limited partnership. Defendant First Aid Products L.P. is now doing business (and has continuously been doing business) in the State of Texas, Harris County, and the City of Houston, and has continuously had more than 15 employees at all times relevant to this cause of action.
6. Defendant First Aid Products, Inc., is a Delaware corporation. Defendant First Aid Products, Inc. is now doing business (and has continuously been doing business) in the State of Texas, Harris County, and the City of Houston, and has continuously had more than 15 employees at all times relevant to this cause of action.
7. Defendant Nutramax Products, Inc., a Delaware corporation, is now doing business (and has continuously been doing business) in the State of Texas, Harris County, and the City of Houston, and has continuously had more than 15 employees at all times relevant to this cause of action. Defendant First Aid Products L.P., Nutramax First Aid Division; Defendant First Aid Products, Inc.; and Defendant Nutramax Products, Inc. shall be collectively known as “Defendant.”
8. 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
9. More than thirty days prior to the institution of this lawsuit, Ms. Kelley filed with the Commission a charge alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled, including the filing of a timely charge of employment discrimination, and an attempt to conciliate the matter.
10. Since at least May 2001, Defendant engaged in unlawful employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), at its Houston facility located at 15200 I-45 North, Houston, Texas 77090.
11. Since at least May 2001, Defendant's supervisor, Sayed Akbar, has subjected Ms. Kelley to unlawful sexual harassment and to disparate terms, conditions and privileges of employment because of her sex, female.
12. The effect of the practices complained of above has been to deprive Ms. Kelley of equal employment opportunities and otherwise adversely affect her status as an employee, because of her sex, female.
13. The unlawful employment practices of which the Commission complains in the preceding paragraphs were intentional.
14. The unlawful employment practices complained of in the preceding paragraphs were done with malice or with reckless indifference to Ms. Kelley's federally protected rights.
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2003 WL 23713088 (S.D.Tex.) (Cite as: 2003 WL 23713088)

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PRAYER FOR RELIEF
15. Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with them, 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 applicants and employees regardless of their sex, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant to make whole Ms. Kelley, by providing appropriate backpay, including all bonuses; and by providing compensation for any other pecuniary losses, past and future, including out-of-pocket in amounts to be proved at trial; D. Order Defendant to provide Ms. Kelley, compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life, in amounts to determined at trial; E. Order other affirmative relief necessary to eradicate the effects of Defendant's unlawful employment practices; F. Order Defendant to pay punitive damages, in amounts to be determined at trial, for its malicious and reckless conduct; G. Award pre-judgment interest and post-judgment interest on all amounts recovered; H. Grant such further relief as the Court deems necessary and proper in the public interest; I. Award the Commission its costs of this action.
JURY TRIAL DEMAND
16. The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted,
Eric S. Dreiband
General Counsel
Equal Employment Opportunity Commission
1801 L Street, N.W.
Washington, D.C. 20507
Rose Adewale-Mendes
Acting Regional Attorney
Rudy L. Sustaita
Senior Trial Attorney

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Attorney-in-Charge Texas Bar No. 19523560 Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3400 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. FIRST AID PRODUCTS L.P., Nutramax First Aid Division, a subsidiary of Nutramax Products, Inc., and First Aid Products, Inc., and Nutramax Products, Inc., Defendants. 2003 WL 23713088 (S.D.Tex.) END OF DOCUMENT

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 .•

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

lNTED STATES COURTS
SOUTHERN DISTRICT OF TEXAS
ENTERED
DEC 0 1 2004

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
FIRST AID PRODUCTS L.P., Nutramax First Aid Division, a subsidiary of NUTRAMAX PRODUCTS, INC.,
and
FIRST AID PRODUCTS, Inc.,
and
NUTRAMAX PRODUCTS, INC.
Defendants.

§

MIchIII N. MUby, Clerk cI Court

§

§

§

§

§

§

§

§

§ CIVIL ACTION NO. H-03-3289

§

§

§

§

§

§

§

§

§

§

§

-------------------------------------------------§

CONSENT DECREE

The Plaintiff, Equal Employment OpportunityCommission (the "Commission" or"EEOC"),

alleges in this suit that, since at least May 2001, Syed Akbar, a former supervisor of NutraMax

Products, Inc.; First Aid Products, Inc.; and FA Products, L.P., incorrectly identified as First Aid

Products (hereinafter, collectively, "Defendants'') subjected Debbie Kelley to unlawful sexual

harassment and to disparate terms, conditions and privileges of employment because of her sex,

female, in violation of Title VII of the Civil Rights Act of 1964, g amended, 42 U.S.C. § 2000e-

2(a)(I) ("Title VII''). The EEOC asserts that Defendants failed to take corrective action sufficient

to stop the alleged harassment.

------------------------- --- ---

Defendants answered the Complaint, and denied liability and specifically denied engaging in any discriminatory employment practices. Neither this Consent Decree nor the furnishing ofany payment to any individual claimant by the tenns of this Consent Decree shall be construed as an admission by Defendants ofany liabilityor unlawful conduct. To the contrary, Defendants deny that they are in any way liable to the EEOC or any individual claimant.
In the interests of resolving this matter and to avoid the costs of litigation, the parties have agreed that this action should be finally resolved by entry of this Consent Decree.
The parties stipulate to the jurisdiction of the Court and waive a hearing and the entry of findings of fact and conclusions of law.
IT IS THEREFORE ORDERED: 1. This Consent Decree is entered in full and complete settlement ofany and a11 claims arising out of or contained in EEOC Charge No. 330-A2-0942, and Civil Action No. H-03-3289. This Consent Decree constitutes a complete resolution of all claims that were made by the Commission against Defendants in this action. This Consent Decree constitutes the complete and exclusive agreement between the parties with respect to the matters referred to herein. No representation or inducement to compromise this action have been made, other than those recited or referenced in this Consent Decree. No waiver, modification or amendment of any provision of this Consent Decree shall be effective unless made in writing, approved by the parties to this Consent Decree and approved or ordered by the Court. 2. Defendants agree that they will not discriminate against any employee or applicant for employment because of his or her sex in violation of Title VIT. 3. Defendants agree that they will not, and are enjoined from, creating, facilitating or
2

permitting the existence ofa work environment that is hostile to any employee through acts such as physicaVverbal abuse and derogatory comments, on the basis of sex.
4. Defendants agree that they will not, and are enjoined from any acts which, discriminate or retaliate in any manner against any individual because he or she has made a charge, testified, assisted, or participated in any manner in the investigation by the Commission or court proceeding in connection with this case.
5. Defendants agree to pay Debbie Kelley $19,000. This payment, less all applicable required withholdings under federal and state law, will be made within ten (10) days from the entry ofthis Consent Decree or the individual's execution and delivery to Defendants ofa standard release ofclaims, whichever is later. A copy ofthe check wi11 be mailed to the EEOC within ten (10) days from the entry of this Consent Decree or the individual's execution and delivery to Defendants of a standard release of claims, whichever is later at the following address: Rudy L. Sustaita, EEOC Houston District Office, 7dt Floor, Houston, Texas 77002.
6. Defendants shall provide Equal Employment Opportunity ("EEO'') training to its managers, supervisors and other employees in its Houston, Texas location regarding employment discrimination, including, but not limited to the illegality of sexual harassment and gender-based employment decisions. All participants will sign a registry upon completion of the training. The training shall be conducted within 6 months of the entry of this Decree. The training shall also be conducted annually during the term of the Consent Decree.
7. The agenda, the teaching materials and the name ofthe trainer shall be submitted to the EEOC for review prior to the training. The EEOC shall then have fourteen (14) business days from the date of receipt of the information to comment on the contents of the topic outline. In the
3

event that EEOC provides comments regarding the planned training, Defendants shall have ten (10) business days to respond to the comments and provide a new agenda or training program.
8. Following the training, Defendants shall notify the EEOC ofthe training by indicating when and where the training took place, the duration of the training, and the identity of the trainers and the attendees. A copy of the registry shan be submitted to the EEOC as part of Defendants' reporting obligations. The notification or report shall be submitted to the EEOC no more than 14 days following the training at the following address: Rudy L. Sustaita, EEOC Houston District Office, 71h Floor, Houston, Texas 77002.
9. Within ninety (90) days from the entry ofthis Decree, at its Houston, Texas location, Defendants shall adopt a sexual harassment policy that states that Defendant: (I) prohibits discrimination against any employee on the basis of sex in violation of Title Vll; (ii) prohibits any act, policy or practice that has the effect ofharassing or intimidating any employee on the basis of
sex in violation ofTitle vn; (iii) prohibits any act, policy or practice that has the effect ofcreating,
facilitating or permitting the existence ofa work environment that is hostile to any employee through
acts such as physicaVverbal abuse and derogatory comments based on sex in violation ofTitle vn;
(iv) defines and provides examples of sexual harassment; (v) provides a simple, convenient, confidential and reliable mechanisms for reporting incidents ofsexual harassment; (vi) provides for prompt investigation ofsexual harassment complaints and for prompt action, which is determined by Defendants appropriate and effective, to remedy the discrimination; (vii) encourages employees to report any incident and/or complaint of sexual harassment of which they become aware to the person(s) responsible for handling such complaints; (viii) provides that complaints of sexual harassment shall be reduced to writing by the company's human resources department and
4

..
maintained by such department; (ix) provides that upon the conclusion ofDefendant's investigation, the results of the investigation wiIJ be promptly communicated to the complaining party and the accused; (x) provides for discipJine for violating Defendant's sexual harassment policy up to and including discharge; (xi) requires that Defendants identify the person(s) charged with the responsibiJity for investigating discrimination complaints; (xii) provides that all complaints, reports, and determinations related to sexual harassment shaH be placed in personnel file of the person accused ofsexual harassment; (xiii) provides assurances that complainants shall not be subjected to intimidation, harassment and/or retaliation; (xiv) informs the complainant ofhis or her right to file charges with the EEOC; and (xv) provides the address and telephone number ofthe EEOC's nearest office.
10. Any sexual harassment complaints and resulting investigations shall be placed by Defendants in a file that the EEOC. upon written request during the term of the Consent Decree,
, may periodically review to determine compliance with this Consent Decree. In addition, all nonprivileged documents regarding a complaint of sexual harassment shall be maintained by Defendants so that the EEOC may periodically review to determine compliance with this Consent Decree.
11. Defendants shall allow the EEOC, upon written request during the tenn of the Consent Decree, to inspect the personnel file ofa person accused ofsexual harassment to determine compliance with this Decree.
12. Defendants agree to post, in a public area ofits facility in Houston, Texas. a notice ofnondiscrimination. The notice is attached as Exhibit "A." Counsel for Defendants shall provide a letter to the EEOC confirming that the notice has been posted.
5

·. ~

13. The EEOC and Defendants shall bear their own costs and attorney's fees. 14. This Consent Decree shall remain in effect for two years from its entry.
Signed on this

D.Rainey

~

TED STATES DISTRICT JUDGE/

6

.. .
II-Zl-84 01:3'" Frllll"EEOC IIMISTOII

713ZotUIZ

T-828 P.O'II. F-177

U.S. EQUAL EMPLO¥MINT oproaTVN1TY COMMlSSION

Bo".... DIstrict omce

1011 Saida II. ,. floor

HIMI..... TXntICI1-1Ott ,H; ('71:1) Jlt.Q20

TDD:(713)~

FA¥: (711) JUl.J40Z

LtCAL: (713) JONfOl

NOTICE

TO ALL EMPLOYEES OF

NutraMax Products, Inc., First Aid Products, Inc.; and FA Products, L.P.,

SEX DISC&1MINAIION IN THE WOWLACE
Fcdcral law requires tbat lhere be DO discrimination apiDst Ill)' employee or appliC:lnl for employmem because of the pc:r5On's sex, nee. color, reliJion. lWioaal oriJin, disability, or alc. Nun-aMax ProcNcts. Inc., First Aid Products. Inc.; and fA Pro4ucts. L.P.• l'''NutnMlXoI) supports and abidc by this law.

SEXUALHABAS$M$NT
Sexual Harassment is allinsl fcdcrallaw. Scxllal harassmcut is 4cfinecl as all conduct that is of a sexual nature that is ncuber invited DOr welcome.
NVTRAMAXPOUCY

NUlraMax does Dol .oleral~ sexlI" bll'lllsaaeal of uy kind. Anyone fowul pill)' of sexual hatllSsmcot shall be subject to discipline, up to and includina immediate ,erlDlaltioD.

if you have becu sexually barassecl by aaYODe at NutnMax you may confact

or

~_~_at the followUllnumbers:

. NuuaMax shall 'keep all infomwion

of sexual harassment confidential. NuuaMax shall quickly in"estipte and resolve all claims of

sexual harassment. NutraMax will 001 ret.Ulte against any person who complains of sexual

harassm~t.

AN EQUAL EMeI.OYMf.NT OPPOB.TUNJIy EMPLQyea

mil NutraMax is an equal employment opportUnity employer that abides by federal employment laws
in all respects. incluchna Title Vll of the Civil lUsho Act of 1964. as amCDded. If)'Ou belie'te .)'ou have bem discriminated apinst ille,ally by any employer or employment .pacy. you should
contacttbe U.S.lqllal EmploymeDI OpporlUGky CoPUDlssloa at loo.USA-EEOC or.713-209-
3372.

(Company official)

~:CtIV~D TIME ~ov. 21. 8: 32PM

 
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U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:03-cv-03289

CLOSED

Equal Employment Opp v. First Aid Products, et al Assigned to: Judge John D. Rainey Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 08/18/2003 Date Terminated: 12/01/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

V. Defendant First Aid Products LP Nutramax First Aid Division a subsidiary of Nutramax Products Inc
Defendant Nutramax Products Inc
Defendant First Aid Products LP

represented by James Alfred Southerland Ogletree Deakins et al 500 Dallas Ave Ste 3000 Houston, TX 77002-4709 713-655-5753 Fax: 713-655-0020 Email: alf.southerland@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Alfred Southerland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James Alfred Southerland

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Date Filed 08/18/2003 08/18/2003
08/18/2003 09/03/2003
09/04/2003 09/04/2003
09/04/2003 09/29/2003 09/29/2003 09/29/2003 10/02/2003
10/02/2003 10/20/2003 10/20/2003 11/13/2003

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT by Equal Employment Opp filed; (bchurchill) (Entered: 08/25/2003)

2 Order setting Initial Pretrial and Scheduling Conference on 8:45 11/20/03 before Magistrate Judge Nancy K. Johnson and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) Modified on 08/27/2003 (Entered: 08/25/2003)

2 SUMMONS issued for First Aid Products, Nutramax Products (bchurchill) (Entered: 08/25/2003)

3 RETURN OF SERVICE executed as to Nutramax Products 8/27/03 filed. Answer due on 9/16/03 for Nutramax Products. (tward) (Entered: 09/04/2003)

SUMMONS issued (3) (psmith) (Entered: 09/05/2003)

4 FIRST AMENDED COMPLAINT by Equal Employment Opp amending [1-1] complaint and adding First Aid Products LP, filed. (psmith) (Entered: 09/05/2003)

5 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opp , filed. (psmith) (Entered: 09/05/2003)

6 ANSWER to Complaint by Nutramax Products (Added attorney James Alfred Southerland), filed. (ljackson) (Entered: 09/30/2003)

7 ANSWER to Complaint by First Aid Products (Added attorney James Alfred Southerland), filed. (psmith) (Entered: 10/01/2003)

8 ANSWER to Complaint by First Aid LP (Added attorney James Alfred Southerland), filed. (psmith) (Entered: 10/01/2003)

9 CERTIFICATE OF INTERESTED PARTIES by First Aid Products, Nutramax Products, First Aid LP , filed. (sguevara) (Entered: 10/03/2003)

10 INITIAL DISCLOSURE by First Aid Products, Nutramax Products, First Aid LP , filed. (sguevara) (Entered: 10/03/2003)

11 RETURN OF SERVICE executed as to First Aid Products 9/8/03 filed. (psmith) (Entered: 10/22/2003)

12 RETURN OF SERVICE executed as to Nutramax Products 9/9/03 filed. (psmith) (Entered: 10/22/2003)

13 JOINT DISCOVERY/Case Management Plan by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP , filed. (sjones)

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11/20/2003 11/20/2003
12/03/2003 03/31/2004 04/27/2004 04/29/2004
06/10/2004 06/21/2004
08/16/2004 08/24/2004

(Entered: 11/17/2003)
14 Minute entry: SCHEDULING CONFERENCE held. Apps: R Sustaita; R Williars. Scheduling order to follow. terminated deadlines Tape Number: 1A 504-768 . (psmith) (Entered: 11/21/2003)
15 SCHEDULING ORDER ; setting Amending of pleadings 1/30/04 ; Joining of parties 1/30/04 ; Pltf expert witness list submitted by 3/31/04 ; Deft expert witness list submitted by 4/30/04 ; Discovery cutoff 5/31/04 ; Deadline for filing all dispositive motions 4/30/04 ; Deadline for filing non-dispositive motions 6/11/04 ; Joint Pretrial order to be submitted on or before 7/16/04 ; Docket call deadline 12:00 7/23/04 ; before Judge John D. Rainey , entered. ETT: 3 days ; jury. Parties notified. Trial Term: August 2004 ( Signed by Magistrate Judge Nancy K. Johnson ) (kprice) (Entered: 11/24/2003)
16 INITIAL DISCLOSURE by Equal Employment Opportunity Commission, filed. (ltien) (Entered: 12/04/2003)
17 DESIGNATION OF EXPERT WITNESS LIST by Equal Employment Opp filed. (sguevara) (Entered: 04/01/2004)
18 JOINT MOTION to amend docket control order by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP , filed (sguevara) (Entered: 04/28/2004)
19 ORDER setting Deft expert witness list submitted by 6/15/04 ; Discovery cutoff 7/15/04 ; Deadline for filing all dispositive motions 6/15/04 ; Deadline for filing non-dispositive motions 7/26/04 ; Joint Pretrial order to be submitted on or before 8/31/04; Docket call is set for 11:00 am on 9/24/04 ; before Judge John D. Rainey , entered. Parties notified. ( Signed by Judge John D. Rainey ) (sguevara) (Entered: 04/29/2004)
20 JOINT MOTION to amend docket control order by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP , filed (psmith) (Entered: 06/15/2004)
21 SCHEDULING ORDER setting Deft expert witness list submitted by 7/15/04; Discovery cutoff 9/15/04; Deadline for filing all dispositive motions 8/15/04; Deadline for filing non-dispositive motions 9/26/04; Pretrial order to be submitted on or before 10/31/04; Docket call deadline 11:00 a.m. on 1/28/05; Granting [20-1] Joint motion to amend docket control order, entered. Parties notified. Trial Term: February, 2005 (Signed by Judge John D. Rainey) (kwallace) (Entered: 06/21/2004)
22 JOINT MOTION to amend docket control order by Equal Employment Opp, First Aid Products, Nutramax Products, First Aid LP , filed (sguevara) (Entered: 08/18/2004)
23 ORDER granting the [22-1] joint motion to amend docket control order. The dispositive motion filing deadline shall now be 9/15/04 , entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 08/27/2004)

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09/08/2004
09/08/2004 09/09/2004
09/13/2004
10/12/2004 10/25/2004
11/24/2004 11/30/2004 12/01/2004 12/20/2004 12/22/2004

24 MOTION for Protective Order, MOTION to Quash Depositions by Nutramax Products Inc, filed. Motion Docket Date 9/28/2004. (Attachments: # 1 attachment to motion# 2 attachement to motion# 3 attachment to motion# 4 Text of Proposed Order)(hlerma, ) (Entered: 09/08/2004)
25 RESPONSE to 24 MOTION for Quash filed by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(sguevara, ) (Entered: 09/09/2004)
26 JOINT MOTION to Amend Docket Control Order and WITHDRAWAL OF MOTION TO QUASH by Equal Employment Opportunity Commission, First Aid Products LP, First Aid Products, Inc., Nutramax Products Inc, filed. Motion Docket Date 9/29/2004. (djustice, ) Additional attachment(s) added on 9/10/2004 (djustice, ). Modified on 9/14/2004: To correct name of Deft (ltesch, ). (Entered: 09/10/2004)
27 Granting Joint Motion to AMEND SCHEDULING ORDER: Trial Term: February, 2005. Discovery due by 10/22/2004; Dispositive Motion Filing due by 10/29/2004; Non-Dispositive Motion Filing due by 11/15/2004; Joint Pretrial Order due by 12/31/2004; Docket Call set for 1/28/2005 at 11:00 AM before Judge John D. Rainey.( Signed by Judge John D. Rainey ) Parties notified.(kwallace, ) (Entered: 09/13/2004)
28 Letter from Rudy L. Sustaita regarding settlement, filed. (kwallace, 6) (Entered: 10/19/2004)
29 ORDER: The Parties informed the Court that this action has SETTLED. The Parties are ORDERED to submit closing papers no later than thirty (30) days after the entry of this Order, or this case will be dismissed. ( Signed by Judge John D. Rainey ) Parties notified.(kwallace, 6) (Entered: 10/26/2004)
30 MOTION to Reopen Case by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order)(kmurphy, ) (Entered: 11/26/2004)
31 MOTION for Approval of Consent Decree, and MOTION for Entry of a Consent Decree in Resolution of Suit by all parties, filed. (sguevara, ) (Entered: 11/30/2004)
32 ORDER granting Plaintiff EEOC's 31 Motion for Consent Decree. ( Signed by Judge John D. Rainey ) Parties notified.(kwallace, 6) (Entered: 12/01/2004)
33 MOTION to Withdraw EEOC's 30 MOTION to Reopen Case, by Equal Employment Opportunity Commission, filed. (Attachments: # 1 Proposed Order)(psmith, ) (Entered: 12/22/2004)
34 ORDER denying as moot the EEOC's 33 Motion to Withdraw its Motion to Reopen Case.( Signed by Judge John D. Rainey ) Parties notified. (kwallace, 6) (Entered: 12/23/2004)

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