Case 3:01-cv-01588

Document 1

Filed 08/15/2001 Page 1 of 5
U.S. D~STr-;.JCT COURT NORTHERN bi3TRICT OF TEXAS
FIL"iD

IN THE UNITED STATES DISTRICT CURT FOR THE NORTHERN DISTRICT OF T XAS
DALLAS DIVISION

AUG 15 2001

CLERK, U.S. DISTRICT COURT
By ____~--------_ Deputy

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

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v.

)

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SEARS LOGISTICS SERVICES, INC.,

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)

Defendant.

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------------------------------------~)

CIVIL ACTION NO.
S"OlCV1588-D
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and

to provide relief to Catrina Garrett, Ashari Burch, Linda Ferguson, and Andrea Ferguson. The

Commission alleges that Defendant, Employer Sears Logistics Services, Inc. (hereafter

"Defendant"), violated Title VII by sUbjecting Catrina Garrett, Ashari Burch, Linda Ferguson,

and Andrea Ferguson to a sexually hostile work environment based upon their sex, female, and

by terminating Catrina Garrett from her employment in retaliation for her opposition to the

unlawful sexual harassment.

JURISDICTION AND VENUE

1.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §451, 1331, 1337,

1343,1345. This action is authorized and instituted pursuant to Section 706(1)(f) and (3) of the

COMPLAINT

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Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C §2000e-5(f) (1) and (3), and

Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

2.

The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United States District Court for the Northern District of

Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission ( "Commission"), is

an agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized

to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3).

4.

At all relevant times, Defendant has continuously been and is now doing business

in the state of Texas and has continuously had at least fifteen employees.

5. At all relevant times, Defendant has continuously been an employer engaged in

an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.c.

§2000e-(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Catrina Garrett,

Ashari Burch, Linda Ferguson, and Andrea Ferguson filed charges with the Commission

alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant.

All conditions precedent to the institution of this lawsuit have been fulfilled.

7.

Since at least July 1999, the Defendant has engaged in unlawful employment

practices at its warehouse located in Grand Prairie, Texas, in violation of Section 703(a) (1)

COMPLAINT

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Case 3:01-cv-01588 Document 1 Filed 08/15/2001 Page 3 of 5

and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a)(1) and 2000e-3(a) by subjecting Catrina

Garrett, Ashari Burch, Linda Ferguson, and Andrea Ferguson to a sexually hostile work

environment, discriminating against them because of their sex, and by terminating Catrina

Garrett in retaliation for her opposition to the unlawful sexual harassment.

S.

The result of the foregoing practices has been to deprive Catrina Garrett, Ashari

Burch, Linda Ferguson, and Andrea Ferguson of equal employment opportunities because of

their sex.

9. The unlawful employment practices complained of in paragraph 7 above were

intentional.

10. The unlawful employment practices complained of in paragraph 7 above were

done with malice or with reckless indifference to the federally protected rights of Catrina

Garrett, Ashari Burch, Linda Ferguson, and Andrea Ferguson.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors,

assigns, and all person in active concert or participation with it, from engaging in any

employment practice which discriminates on the basis of sex, or which facilitates, condones or

encourages employees to create a sexually hostile environment.

B. Grant a permanent injunction enjoining the Defendant, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates in violation of Title VII and, specifically, from

subjecting its employees to retaliatory treatment in violation of Title VII.

COMPLAINT

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C. Order the Defendant to institute and carry out policies, practices, and programs

which provide equal employment opportunities for Catrina Garrett, Ashari Burch, Linda

Ferguson, and Andrea Ferguson and eradicate the effects of its past and present unlawful

unemployment practices.

D. Order the Defendant to make whole Catrina Garrett, Ashari Burch, Linda

Ferguson, and Andrea Ferguson by providing appropriate back pay with prejudgment interest in

amounts to be determined at trial, front pay and pecuniary damages, including out-of-pocket

expenses, and other affirmative relief necessary to eradicate the effects of the Defendant's

unlawful employment practices, including, but not limited to rightful place reinstatement of

Catrina Garret under such terms and conditions that will allow her to work free from

discrimination and retaliation.

E. Order the Defendant to make whole Catrina Garrett, Ashari Burch, Linda

Ferguson, and Andrea Ferguson by providing compensation for past and future non-pecuniary

losses resulting from the unlawful employment practices described in paragraph 7 above,

including but not limited to, emotional pain, suffering, inconvenience, mental anguish, and loss

of enj oyment of life, in amounts to be determined at trial.

F. Order the Defendant to pay Catrina Garrett, Ashari Burch, Linda Ferguson, and

Andrea Ferguson punitive damages for its malicious conduct or reckless indifference described

in paragraphs 7 and 10 above, in an amount to be determined at trial.

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

interest.

H. Award the Commission its costs in this action.

COMPLAINT

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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, NICHOLAS INZEO Acting Deputy General Counsel
Acting Regional Attorney Texas Bar No. 04855720 SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
a/l'l (1.()
TTA J. FRANCIS Senior Trial Attorney Virginia State Bar No. 39886 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street 3rd Floor Dallas, Texas 75202 Tel No. (214) 655-3334 Fax No. (214) 655-3331

COMPLAINT

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 Case 3:01-cv-01588 Document 6 Filed 08/23/2001 Page 1 of 5

IN THE UNITED STATES DISTRICT COURrT- c ______

I EQUAL

FOR EMPLOYMENT

THE NORTHERN DISTRICT DALLAS DIVISION
OPPORTUNITY §

OF

TExAs "NvoRl1:ilTE:SR":JDvl5D~l"S'r::-rICT Cot'I;T

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i l t'E RICTD OFT"EX'~S

L-23 . . COMMISSION,

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Plaintiff, and
ASHARRI BURCH, ANDREA FERGUSON, LINDA FERGUSON and CATRINA GARRETT
Interveners,
v.
SEARS LOGISTICS SERVICES, INC
Defendant.

§

CLERK, U.S.D!

§ §

~ By

ST. -CTCOURT"

§

§

§

§

§ CIVIL ACTION NO. 3:01-CV-1588-D

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§

PLAINTIFFS' (INTERVENERS') ORIGINAL COMPLAINT NOW COME Asharri Burch, Andrea Ferguson, Linda Ferguson and Catrina Garrett, Plaintiffs herein, complaining of Sears Logistics Services, Inc., Defendant herein, and for causes of action submits the following:
I. Jurisdiction and Venue 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343(4); 28 U.S.C. § 1337; and 42 U.S.C. § 20003--5(f). This is a suit in equity and at law authorized and instituted pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended, in 42 U.S.C. § 1981(a) and it seeks declaratory relief pursuant to 28 U.S.C. §§ 2201, 2202.
PLAINTIFS' ONTERVENERS') ORIGINAL COMPLAINT - Page 1

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2. Venue is proper in this judicial district pursuant to 28 U.S.C. Sec. 1391 and 124(a)(I) in that the unlawful employment practices alleged below were and are being committed within the State of Texas and the Northern District of Texas.
II. Parties 4. At all relevant times, Plaintiffs were female citizen of the United States and residents of Dallas County, Texas. Plaintiffs were employed by defendant at a facility in the Northern District of Texas, Dallas Division. Plaintiffs haves been subjected to unlawful employment practices committed in the State of Texas, Northern District, Dallas Division. 5. Defendant, is a company doing business in the Northern District of Texas, Dallas Division. Defendant maintains and administers records relevant to its employment practices within said district and division. Defendant is an employer within the meaning of 42 U.S.C. § 2000e et seq., in that the defendant is engaged in an industry affecting commerce and employs at least fifteen (15) persons. Federal Causes of Action 6. This is a proceeding for a declaratory judgment, injunctive relief, compensatory and punitive damages, and other relief to secure the rights of plaintiffs under 42 U.S.C. § 2000e, et seq and 1981(a). It is brought to prevent defendant from maintaining a policy, practice, custom or usage, of discriminating against plaintiffs in regard to terms, conditions and privileges of employment, to compensate them for sexual harassment, and with regard to Garrett, for retaliatory discharge. 7. Since July of 1999 defendant subjected your plaintiffs to a sexually hostile
PLAINTIFS' (INTERVENERS') ORIGINAL COMPLAINT - Page 2

Case 3:01-cv-01588 Document 6 Filed 08/23/2001 Page 3 of 5
working environment in violation of Title VII of the 1964 Civil Rights Act, as amended. Additionally, defendant terminated plaintiff Catrina Garrett in retaliation for having opposed the sexually hostile workplace in which she labored. All of defendant's conduct in this regard was intentional, and in reckless disregard of the federally protected rights of the plaintiffs.
8.. Within 300 days of the acts of which plaintiffs complain they filed written charges of discrimination with the Equal Employment Opportunity Commission. Thereafter, the Commission investigated plaintiffs' charges and concluded that there was reasonable cause to believe that violation of Title VII had occurred with respect to each plaintiff. Suit was thereafter filed by the EEOC and plaintiffs have sought to intervene on a prompt basis. All conditions precedent to the filing of this action have been fulfilled.
9. As a result of defendant's unlawful your plaintiffs have suffered loss of enjoyment of life, and severe emotional distress, for which they seek compensatory and punitive damages. Additionally, plaintiff Garrett suffered a retaliatory termination, lost wages in the past and future, as well as mental anguish and loss of enjoyment oflife..
10. Defendant's actions complained of herein were taken with malice or with a conscious disregard for plaintiffs federally protected rights, making an award of exemplary damages appropriate.
Request for Relief ACCORDINGLY, plaintiffs respectfully request that this Court advance this case on the docket and grant them the following relief: a. Grant plaintiffs a permanent injunction, enjoining defendant, its agents,
employees, successors, and attorneys from continuing to discriminate against
PLAINTIFS' (INTERVENERS') ORIGINAL COMPLAINT - Page 3

Case 3:01-cv-01588 Document 6 Filed 08/23/2001 Page 4 of 5
them or sexually harass them; b. Grant plaintiffs a declaratory judgment, declaring defendant's past practices herein
complained of to be in violation of 42 U.S.C. § 2000e et seq.; c. Grant plaintiffbackpay, front pay, retroactive seniority, compensatory damages,
and any other necessary equitable and legal relief to compensate him; d. Grant plaintiff Garrett immediate reinstatement; e. Grant plaintiffs actual damages; f. Grant plaintiffs punitive damages; g. Grant plaintiffs attorney fees; and h. Grant such other general relief to which plaintiffs show thmselves justly entitled.
Respectfully Submitted,
THORPE, HATCHER & WASHINGTON, L.L.P. 2929 Carlisle, Suite 250 Dallas, Texas 75204 214/969-5500 214/969-9060 FAX
~CiJb. By: ;Steven:Thorpe
State Bar No. 19990500 Carla S. Hatcher State BarNo. 09219500 ATTORNEYS FOR PLAINTIFF
PLAINTIFS' (INTERVENERS') ORIGINAL COMPLAINT - Page 4

Case 3:01-cv-01588 Document 6 Filed 08/23/2001 Page 5 of 5 CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document was mailed, certified mail, return receipt requested, to counsel for all parties on this the a~ )\J.day
A of ~ vq ~ , 2001.
PLAINTIFS' (INTERVENERS') ORIGINAL COMPLAINT - Page 5

 
 Case 3:01-cv-01588 Document 47 Filed 11/04/2002 Page 1 of 9

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IN THE UNITED STATES DISTRICf<~ORi1t.sr.DDiSlS:TT.RiIUfCC:o:rT-rC:nO!i'V.n:RT;;--_

FOR THE NORTHERN DISTRICT DALLAS DIVISION

'lDDERN DlSTRlCT OF TEXAS
FILED

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
ASHARRI BURCH, ANDREA FERGUSON, LINDA FERGUSON and CATRINA GARRETT,
Intervenors,
v.
SEARS LOGISTICS SERVICES, INC.,
Defendant.

)

~ . C~~RK., U.S. DISTRICT T

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----nD~ep~u~ty--~~

,-----..:~~~--1

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CIVIL ACTION NO.

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3:01-CV-1588-N

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CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Plaintiff, Equal Employment Opportunity Commission ("EEOC"), the Intervenors, Asharri Burch, Andrea Ferguson, Linda Ferguson, and Catrina Garrett, and Defendant, Sears Logistics Services, Inc., in the United States District Court for the Northern District ofTexas, Dallas Division, with regard to the EEOC's Complaint, filed on August 15,2001 ("EEOC Complaint"), in Civil Action No. 3-01-CV-1588-N, and Intervenors' Complaint, filed on August 23,2001 ("Intervenors' Complaint) (together referred to as the "Complaints"). The Complaints were based upon Charges of Discrimination filed by the Intervenors against Defendant, Sears Logistics Services, Inc. ("Charges"). The above-referenced Complaints allege that the Defendant Sears Logistics Services, Inc.,
Consent Decree

Case 3:01-cv-01588 Document 47 Filed 11/04/2002 Page 2 of 9

violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subjecting the Intervenors to a sexually hostile work environment based upon their sex, female, and by terminating Intervenor Catrina Garrett from her employment in retaliation for her opposition to alleged sexual harassment. Sears Logistics Services, Inc. expressly denies any and all of the allegations made by the EEOC and Intervenors in the Complaints and Charges, and expressly denies any violation of law as referenced therein. Sears Logistics Services, Inc. states that it enters this Consent Decree solely to avoid the further expense and burden of litigation or other proceedings.
The EEOC, the Intervenors and Sears Logistics Services, Inc. agree to compromise and settle the claims embodied in the Charges and Complaints, and intend that the terms and conditions ofthe compromise and settlement be set forth in this Consent Decree ("Consent Decree"). It is understood and agreed that this Consent Decree is in compromise of disputed claims, and that this Consent Decree shall not in any way be construed as an admission by Sears Logistics Services, Inc. of a violation of any federal, state, or local statute, law or regulation, or a violation of any right of the Intervenors or any other person.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency ofwhich is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge Nos. 310-AO-I035, 310-AO-1028, 31O-AO-I027, and 310-AO-I030. This Decree furtherresolves all issues raised or that could have been raised in the Complaints filed by the EEOC and the Intervenors in this civil action. The EEOC and the Intervenors waive any and all claims and/or litigation on all issues raised or

Consent Decree

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which could have been raised in the above-referenced Charges and Complaints. The EEOC does not waive processing or litigating charges other than the above-referenced Charges.
2. Sears Logistics Services, Inc. agrees that it shall continue to conduct all employment practices in a manner which does not subject any employee to gender discrimination, including sexual harassment and retaliation, under Title VII of the Civil Rights Act of 1991.

3. Sears Logistics Services, Inc. agrees to post the Notice appended hereto as

"Attachment A" in A prominent and conspicuous place at its Grand Prairie facility within ten (10) days after entry ofthis Consent Decree. Sears Logistics Services, Inc. will report to the EEOC that it has complied with this requirement within fourteen (14) days after posting the Notice.
4. The Notice shall also inform employees where to report any alleged violations of

Sears Logistics Services, Inc.'s policies against sexual harassment, the name of the person(s) to whom they should report alleged violations, along with the address and telephone number of the Dallas District Office of the EEOC. The notice shall remain posted for the duration of this Consent Decree. In the event that the persons and/or departments to whom individuals should make complaints alleging sexual harassment, sex-based harassment and/or retaliation change during the

term of the Consent Decree such that the information contained in the notice is no longer accurate,

Sears Logistics Services, Inc. shall prepare and post a revised notice within a reasonable period of time thereafter that contains the correct information.

S. Sears Logistics Services, Inc. agrees to conduct written evaluations of its hourly leads,

supervisors and salaried associates at its Grand Prairie facility, including an evaluation on various

leadership principles, during the term ofthe Consent Decree. Among the leadership principles upon

which they will be evaluated is the principle of encouraging and supporting diversity and

Consent Decree

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inclusiveness. This written evaluation for hourly leads, supervisor and salaried associates at the Grand Prairie facility will be performed approximately two times per year.
6. Sears Logistics Services, Inc. currently provides training of its managers, supervisors, and hourly leads pursuant to a program entitled "Civil Treatment." The Civil Treatment training program is facilitated by a Sears Logistics Services, Inc. certified trainer and is an eight (8) hour program. The training program covers issues of discrimination and harassment, along with other workplace issues. Sears Logistics Services, Inc. agrees to conduct the Civil Treatment training program for all of its managers, supervisors, and hourly leads at the Grand Prairie facility, who have not been through the training program within the last six (6) months, within the next ninety (90) days, unless that period falls within the fourth quarter of the year. In the event the aforementioned ninety-day period falls within the fourth quarter of the year, Sears Logistics Services, Inc. will conduct such training within five (5) months or by March 1,2003, whichever is earlier. For all other hourly employees at the Grand Prairie Facility, Sears Logistics Services, Inc. agrees to conduct a sexual harassment training session, of at least three hours in length, within the same time frames noted herein. Sears Logistics Services, Inc. will provide written notice to the EEOC that the program has been conducted at the Grand Prairie facility within fourteen (14) days of its completion. The written notice shall provide the names of the personnel who received the training, the date and location ofthe training, the name ofthe individual(s) who provided the training, and a briefsummary of the substance of the training.
7. Sears Logistics Services, Inc. agrees that it will impose appropriate disciplinary action consistent with its policies and procedures, up to and including termination of employment, upon any supervisor or manager who engages in sexual harassment or sex-based harassment or who

Consent Decree

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permits any such conduct to occur in his or her work area or among employees under his or her

supervision, or who retaliates against any person who complains or participates in any investigation

or proceeding concerning any such conduct.

8. Sears Logistics Services, Inc.'s supervisors should monitor their work area and properly

report any incidents and!or complaints ofsexual harassment, sex-based harassment and!or retaliation

of which they become aware to the persons at Sears Logistics Services, Inc. who are charged with

handling such complaints.

9. Sears Logistics Services, Inc. agrees to distribute a copy of the Notice attached as

"Attachment A" to all current employees at the Grand Prairie facility within 30 days after entry of

the Consent Decree and to all future employees who are hired at the Grand Prairie facility during the

term of the Consent Decree.

10. Sears Logistics Services, Inc. agrees that, in response to specific inquiries as to the

Intervenors' work history or work performance at Sears Logistics Services, Inc., it will respond by

providing only the dates ofthe Intervenor's employment and title(s) held. Pay rate information will

be provided only when it is specifically requested and authorized in writing by the Intervenor at the

time of the request. Sears Logistics Services, Inc. also agrees to maintain documents relating to

Intervenors' complaints and charges ofdiscrimination against Sears Logistics Services, Inc. in a file

separate from their personnel files.

11. Sears Logistics Services, Inc. agrees that there shall be no unlawful discrimination

or retaliation ofany kind against any person involved in the referenced charge or litigation including

the Intervenors because of opposition to any practice declared unlawful under Title VII, or because

of the filing of a charge, giving testimony or assistance or participating in any manner in any

Consent Decree

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investigation, proceeding or hearing under Title VII. 12. Sears Logistics Services, Inc. agrees to pay the total amount of $93,000 to the
Intervenors as follows: payable to Asharri Burch $13,050.00; payable to Andrea Ferguson $13,050.00; payable to Linda Ferguson $13,050.00; and payable to Catrina Garrett $21,050.00. Intervenors, through their private counsel, have agreed to execute and to forward to Sears Logistics Services, Inc. prior to execution and entry of this Decree, a general release of any and all claims against Sears Logistics Services, Inc. Within fourteen (14) days of the entry of this Decree, Sears Logistics Services, Inc. will issue a check, made payable to each of those Intervenors in the abovereferenced amounts. Sears Logistics Services, Inc. will also issue a separate check, made payable to the Intervenors' attorney, Steven B. Thorpe, in the amount of$32,800.00, which Sears Logistics Services, Inc. will forward to Thorpe within fourteen (14) days of the entry of this Decree. All checks will be sent by certified mail, return receipt requested, to the law office of Steven B. Thorpe at Thorpe, Hatcher & Washington, L.L.P., 2929 Carlisle Avenue, Suite 250, Dallas, Texas 75204.
13. All notices or information to be provided to the EEOC pursuant to this Decree shall be sent to Ronetta J. Francis, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.
14. Neither the EEOC, the Intervenors nor Defendant Sears Logistics Services, Inc. shall contest the validity ofthis Consent Decree nor the jurisdiction ofthe federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that

Consent Decree

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Case 3:01-cv-01588 Document 47 Filed 11/04/2002 Page 7 of 9

Defendant Sears Logistics Services, Inc. fails to perform the promises and representations contained herein.
15. The term of this Decree shall be for eighteen (18) months. 16. The parties to this Consent Decree agree to bear their own attorney's fees and expenses associated with the above-referenced Charges and Complaints. 17. If Sears Logistics Services, Inc. fails to tender payment or otherwise fails to timely comply with the terms of this Consent Decree, the EEOC shall have the right to seek an award of:
(a) Interest on any amounts set out in Paragraph 12 that are not timely paid. Interest, if awarded by a court oflaw, shall be calculated at the rate provided pursuant to 26 U.S.C. § 6621 (b) on any untimely or unpaid amounts from the date of non-compliance; and
(b) Additional costs and expenses incurred by the EEOC as a result of the noncompliance or delay by Sears Logistics Services, Inc.

4__-_ SO ORDERED, ADJUDGED AND DECRE D this __

day of +M-..IG.Q/..:...-'----, 2002.

Consent Decree

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AGREED AS TO FORM AND SUBSTANCE:
~ Signed this I tkday of fle1713t7(. 2002.

FOR THE PLAINTIFF:
~~UL4~ ROBERT A CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas BarNo. 14009470

-RONETTAJ. FRANCIS
Senior Trial Attorney
Virginia Bar No. 39886

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street Third Floor Dallas, Texas 75202 Tel No. (214) 655-3334; Fax No. (214) 655-3331

FOR THE INTERVENORS:
A /.3:2:

STEVEN B. THORPE

"

State Bar No. 19990500

CARLA HATCHER State Bar NO.09219500 Thorpe, Hatcher & Washington, L.L.P. 2929 Carlisle, Suite 250 Dallas, Texas 75204

Consent Decree

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FOR THE DEFENDANT:
STACY L. COZAD State Bar No. 00796410 Carrington, Coleman, Sloman & Blumenthal, L.L.P. 200 Crescent Court, Suite 1500 Dallas, Texas 75201

Consent Decree

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 IN THE UNITED STATES DISTRICT

V.S.D1STRICTCOURT

FOR THE NORTHERN DISTRICT 0 T~liHERNDISTRICTOF1EXAS

DALLAS DIVISION

FILED

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

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Plaintiff,

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and

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ASHARRI BURCH, ANDREA

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FERGUSON, LINDA FERGUSON and §

CATRINA GARRETT

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§

Intervenors,

§

§

v.

§

§

SEARS LOGISTICS SERVICES, INC., §

§

Defendant.

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MAR I 2 aIrl
CLERK, u.s. DISTRICT COURT
a. B, ---;;D:"::ep:"':u":-ty---
CIVIL ACTION NO. 3-01CVlS88-D

ORDER

On February 28, 2002, Defendant Sears Logistics Services, Inc. 's ("SLS") Motion to

Compel Discovery and Brief in Support ("Motion") came on for hearing before this Court.

Having considered the Motion and arguments ofcounsel, the Court hereby GRANTS the Motion

in part. Therefore, it is ORDERED that Plaintiff EEOC:

(1) obtain from any employer ofCatrina Garrett since November 11, 1999 to present,

and produce to SLS within thirty (30) days of entry of this Order, all documents relating to Ms.

Garrett's dates ofemployment;j ob descriptions, requirements, duties, and responsibilities for any

positions held; wages and earnings; employment benefits available or to become available;

reasons for termination of employment, if applicable; and reasons for failure to complete any

probationary period of employment, if applicable;

ORDER - Page 1

, .
(2) obtain from Peeping Tom's in Arlington, Texas and produce to the Court for in camera inspection within thirty (30) days ofthe entry ofthis Order all records relating to Andrea Ferguson's and Asharri Burch's employment at Peeping Tom's;
(3) obtain from First King in Gardena, California and produce to the Court for in camera inspection within thirty (30) days ofthe entry ofthis Order all records relating to Andrea Ferguson's employment at First King;
(4) obtain and produce to the Court for in camera inspection within thirty (30) days of the entry of this Order all records relating to any medical or psychological treatment or counseling received by any of the Intervenors for a period of two years prior to the beginning of their employment with SLS through the date of entry of this Order;
(5) obtain and produce to the Court for in camera inspection within thirty (30) days of the entry of this Order all records relating to any medical or psychological treatment or counseling received by Asharri Burch relating to the sexual assault that occurred in approximately 1993;
(6) notify SLS in writing ofthe fact and date ofproduction ofdocuments to the Court for in camera inspection as ordered in (2-5) above; and
(7) serve on SLS within seven (7) days ofthe entry ofthis Order a sworn response to Interrogatory Nos. 8-11, as applicable, identifying any Intervenor, if any, who has not seen a physician or other healthcare provider since her termination from SLS.___- .....
SIGNED this 141ay of March, 2002.
PAUL D. STICKNEY UNITED STATES MAGISTRATE JUDGE
ORDER - Page 2

 
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CLOSED, STICKNEY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:01-cv-01588

EEOC v. Sears Logistics Svc Assigned to: Judge David C Godbey Demand: $0 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 08/15/2001 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov

V. Defendant Sears Logistics Services, Inc.

represented by Stacy Lancaster Cozad Cash Klemchuk Powers Taylor 8150 N Central Expwy Suite 1575 Dallas, TX 75206 214/239-8900 Fax: 214/550-2671 Email: stacy@ckptlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?258767128784325-L_923_0-1

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Intervenor Plaintiff Linda Ferguson
Intervenor Plaintiff Asharri Burch Intervenor Plaintiff Andrea Ferguson Intervenor Plaintiff Catrina Garrett V. Intervenor Defendant Sears Logistics Services, Inc.

represented by Steven B Thorpe Thorpe Hatcher & Washington 2929 Carlisle Suite 250 Dallas, TX 75204 214/969-5500 Fax: 214/969-9060 FAX Email: thwlaw@airmail.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/15/2001 08/15/2001 08/15/2001 08/20/2001
08/23/2001
08/23/2001

#

Docket Text

1 COMPLAINT filed; Govt - no fee (5) (jyg) (Entered: 08/17/2001)

2 SUMMONS(ES) issued for defendant Sears Logistics Svc (Iss 1) (jyg) (Entered: 08/17/2001)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (jyg) (Entered: 08/17/2001)

3 ORDER...no later than 20 days after this order is filed, pla must comply with Rule 3.1(f) so that the court can ensure that recusal is not required in this case. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 8/21/01 Page(s) 1 (jyg) (Entered: 08/21/2001)

4 Unopposed MOTION for leave to intervene by movant Andrea Ferguson, movant Asharri Burch, movant Linda Ferguson, movant Catrina Garrett (8)O&C of Interveners' complaint) (jyg) (Entered: 08/24/2001)

5 ORDER granting [4-1] motion for leave to intervene by movant Andrea Ferguson, movant Asharri Burch, movant Linda Ferguson, movant Catrina Garrett ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 8/24/01 Page(s) 1 (djd) (Entered: 08/24/2001)

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08/23/2001 08/29/2001 09/04/2001 09/12/2001 09/14/2001 09/14/2001
10/04/2001 10/15/2001
10/16/2001 10/16/2001 02/01/2002 02/04/2002

6 Intervenor's Original COMPLAINT by Asharri Burch, Andrea Ferguson, Catrina Garrett against defendant Sears Logistics Svc (5) (djd) (Entered: 08/24/2001)
7 CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (djd) (Entered: 08/30/2001)
8 CERTIFICATE OF INTERESTED PERSONS by intervenor-plaintiff Linda Ferguson, intervenor-plaintiff Asharri Burch, intervenor-plaintiff Andrea Ferguson, intervenor-plaintiff Catrina Garrett (3) (djd) (Entered: 09/05/2001)
9 ANSWER to Complaint by defendant Sears Logistics Svc (Attorney Stacy Lancaster Cozad) (4) (djd) Modified on 09/14/2001 (Entered: 09/13/2001)
10 ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 10/15/01 ( signed by Judge Sidney A. Fitzwater) Copies to counsel: 9/17/01 Page(s): 3 (djd) (Entered: 09/17/2001)
11 ORDER...Accordingly, no later than 20 days after his order is filed, defendant must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 9/17/01 Page(s) 2 (djd) Modified on 09/18/2001 (Entered: 09/17/2001)
12 CERTIFICATE OF INTERESTED PERSONS by defendant Sears Logistics Svc. (2) (jaw) (Entered: 10/05/2001)
13 Jonit PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff EEOC, defendant Sears Logistics Svc, intervenor-plaintiff Linda Ferguson, intervenor-plaintiff Asharri Burch, intervenor-plaintiff Andrea Ferguson, intervenor-plaintiff Catrina Garrett (6) (djd) (Entered: 10/16/2001)
14 SCHEDULING ORDER setting Joining of Parties on 3/1/02 ; Amending of Pleadings on 11/1/02 ; Discovery cutoff 11/1/02 ; Deadline for filing of dispositive motions 12/2/02 ; ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/17/01 Page(s): 3 (djd) (Entered: 10/17/2001)
14 STATUS REPORT ORDER. Status report due on 11/1/02 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/17/01 Page(s): 3 (djd) (Entered: 10/17/2001)
15 MOTION with memorandum in support by defendant Sears Logistics Svc to compel discovery (15+/exhibits not imaged) (djd) (Entered: 02/01/2002)
16 ORDER OF REFERENCE: [15-1] motion to compel discovery referred to Magistrate Judge Paul D. Stickney for determination. He may conduct a hearing if he determines that a hearing is necessary. See order for specifics. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 2/5/02 Page(s): 1 (djd) (Entered: 02/05/2002)

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02/07/2002 02/21/2002 02/21/2002 02/21/2002 02/27/2002 02/28/2002 02/28/2002 03/08/2002 03/11/2002
03/12/2002 03/13/2002 03/28/2002 03/28/2002

17 ORDER setting hearing: Motion hearing set for 10:00 2/28/02 for [15-1] motion to compel discovery ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 2/7/02 Page(s): 1 (djd) (Entered: 02/07/2002)
18 RESPONSE by plaintiff EEOC in opposition to defendant's [15-1] motion to compel discovery (2) (aat) (Entered: 02/22/2002)
19 MEMORANDUM by plaintiff EEOC in support of [18-1] response in opposition to defendant's motion to compel (15+) (aat) (Entered: 02/22/2002)
20 APPENDIX by plaintiff EEOC in support of [19-1] memorandum in support of its response in opposition to defendant's motion to compel (11) (Not imaged) (aat) (Entered: 02/22/2002)
21 REPLY by defendant Sears Logistics Svc to response to [15-1] motion to compel discovery and brief in support (9) (djd) (Entered: 02/28/2002)
Motion hearing re: [15-1] motion to compel discovery Motion hearing held (djd) (Entered: 03/01/2002)
22 Minute order: Motion hearing held before Magistrate Judge Paul D. Stickney re: defendant's motion to compel discovery. Court Reporter: Electronic. Order to enter. (djd) (Entered: 03/01/2002)
23 ***UNFILED PER 3/11/02 ORDER***MOTION by defendant Sears Logistics Svc for leave to amend original [9-1] answer (10/exhibits not imaged) (djd) Modified on 03/12/2002 (Entered: 03/08/2002)
24 ORDER unfiling [23-1] motion for leave to amend original [9-1] answer by defendant Sears Logistics Svc due to the following deficiency: A motion for leave to amend must be accompanied by a copy of the proposed amended pleading attached as an exhibit and an original and second copy of the proposed pleading that is neither attached to the motion nor made an exhibit to the motion. See L.R. 15.1. Copies to counsel: 3/12/02 (signed by Judge Sidney A Fitzwater ) Page(s) 1 (djd) (Entered: 03/12/2002)
25 ORDER granting in part [15-1] motion to compel discovery. See order for specifics. ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 3/13/02 Page(s) 2 (djd) (Entered: 03/13/2002)
26 MOTION by defendant Sears Logistics Svc for leave to amend original [9-1] answer (10/exhibit not imaged) (djd) (Entered: 03/13/2002)
27 ORDER granting [26-1] motion for leave to amend original [9-1] answer and the first amended answer is hereby filed of record as of the signing of this order. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/29/02 Page(s) 1 (djd) (Entered: 03/29/2002)
28 FIRST AMENDED ANSWER to Complaint by defendant Sears Logistics Svc : amends [9-1] answer (5) (djd) (Entered: 03/29/2002)

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04/03/2002 04/12/2002 04/12/2002 06/07/2002 06/24/2002
06/27/2002 06/27/2002 07/01/2002 07/11/2002
07/12/2002 07/17/2002 08/12/2002

29 TRIAL SETTING ORDER set docket call for 4/21/03 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/4/02 Page(s) 5 (djd) (Entered: 04/04/2002)
30 Notice to the Court by plaintiff EEOC re: in camera inspection of documents (1) (djd) (Entered: 04/15/2002)
31 Documents Submitted for In Camera Inspection by plaintiff EEOC (4) (djd) (Entered: 04/15/2002)
32 MOTION by defendant Sears Logistics Svc for separate trials (8) (djd) (Entered: 06/10/2002)
33 ORDER re: defendant's motion to compel discovery. Plaintiff shall produce to defendant within 10 days of the date of this order the employment records that were produced for the Court's in camera inspection and the medical records for Garrett for the time period during which she claims to have suffered mental anguish, for Burch for the time period during which she claims to have suffered mental anguish, and for Ferguson for the time period during which she claims to have suffered mental anguish. ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 6/24/02 Page(s) 2 (djd) (Entered: 06/24/2002)
34 RESPONSE IN OPPOSITION by plaintiff EEOC to defendant's [32-1] motion for separate trials (2) (djd) (Entered: 06/28/2002)
35 Brief/MEMORANDUM by plaintiff EEOC in support of [34-1] response n opposition to defendant's motion for separate trials (9) (djd) (Entered: 06/28/2002)
36 Designation of Expert Witnesses by defendant Sears Logistics Svc (3) (djd) (Entered: 07/02/2002)
37 RESPONSE by intervenor-plaintiff Asharri Burch, intervenor-plaintiff Andrea Ferguson, intervenor-plaintiff Linda Ferguson, intervenorplaintiff Catrina Garrett to [32-1] motion for separate trials (2) (djd) (Entered: 07/11/2002)
38 REPLY BRIEF by defendant Sears Logistics Svc to plaintiff's and intervenors' responses in opposition to defendant's [32-1] motion for separate trials (15+/exhibits not imaged) (djd) (Entered: 07/15/2002)
39 ORDER denying without prejudice [32-1] motion for separate trials ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 7/18/02 Page (s) 2 (djd) (Entered: 07/18/2002)
40 ORDER REASSIGNING CASE/SPECIAL ORDER NO. 3-209 Effective 8/12/02, the cases listed on Exhibit A attached to this Order are transferred from the docket of Honorable Sidney A. Fitzwater to the docket of Honorable David C. Godbey and shall henceforth carry the suffix letter "N". The clerk of court will notify counsel by providing to each counsel a copy of this Order with attached exhibit. (Signed by Chief Judge A. Joe Fish) Copies to counsel: 8/13/02 Page(s) 2 (djd) (Entered: 08/13/2002)

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08/12/2002 08/29/2002 09/03/2002
09/09/2002
09/11/2002 09/19/2002 09/19/2002 10/24/2002
10/24/2002 11/04/2002

REASSIGNING CASE to Judge David C. Godbey ( Signed by Chief Judge A J. Fish ) per Special Order 3-209. (djd) (Entered: 08/13/2002)
41 JOINT MOTION to extend discovery and dispositive motion deadlines by plaintiff EEOC, defendant Sears Logistics Svc (4) (aat) (Entered: 08/30/2002)
42 ORDER granting [41-1] joint motion to extend discovery and dispositive motion deadlines Reset discovery due for 11/29/02. Reset dispositive motion filing deadline for 12/16/02. Reset status report due for 11/29/02. ( Signed by Judge David C. Godbey ) Copies to counsel: 9/4/02 Page(s) 2 (aat) (Entered: 09/04/2002)
43 ORDER This case is referred to Magistrate Judge Paul D. Stickney for a settlement conference, with a report to filed within 30 days of this date. ( Signed by Judge David C. Godbey ) Copies to counsel: 9/10/02 Page(s) 1 (aat) (Entered: 09/10/2002)
44 ORDER The settlement conference is set for 10:00 9/19/02. (Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 9/11/02 Page(s) 1 (aat) (Entered: 09/11/2002)
Settlement conference held. (aat) (Entered: 09/20/2002)
45 Minute order: Settlement conference held before Magistrate Judge Paul D. Stickney. (aat) (Entered: 09/20/2002)
46 AGREED ORDER OF DISMISSAL This case is dismissed with prejudice to refiling. All costs of court are taxed against the party incurring same. ( Signed by Judge David C. Godbey ) Copies to counsel: 10/25/02 Page(s) 2 (aat) (Entered: 10/25/2002)
Case closed (aat) (Entered: 10/25/2002)
47 CONSENT DECREE See order for specifics. ( Signed by Judge David C. Godbey ) Copies to counsel: 11/5/02 Page(s) 9 (aat) (Entered: 11/05/2002)

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