Sap-27-2006 04:57pm From-LEGAL UNIT

213-894-1301

T-947 P.OOb/Oll F-468

1i

AuNsNEA

Y. P
Li,AT.

m CA SBN 164242
EN~PLOYMEW

L -, 3PPORh T Y COMMISSION

.55 East Tem le Street, 4th Floor

3 ,os .AngelelEA 90012

'clcphonc: 213) 894 1083

4 icrcsirmle: 13) 8~4-1301.

!-mail: lado.leyal@,eeoc.gov

5

NILFRFJXI TUNGOL HI SBN 25850

6 J.S. EQUAL EMPLOJ~IENT

'1

IPPORTUNI'lY COMMISSION 100 Ala Moana Bwulevar-d,Room

7'-

127

:Ionolulu,Iu 96850

8 relephone: 808) 541-33 3.1

?acsqmle:40f)541-3390

S 3-mml: wil e o.tungol@eeoc.gov

FILED C!A
District Cwrt
ForThe NorthernMarian2 k!st;ds
BY
(DCDUQ C I A )

1C
Attome s for Plaintiff I1 U.S. F&TAT. EMPLOYMENT
O P P O R m T Y COMMISSION
1:

2:

UNITED STATES I)lS'I'IWCT COURT

11

DISTRICT OP TI-IE NORTHERN MARIANA ISLANDS

1:
U.S. EOUAL EMPLOYMENT I( OPPORTUNITY' C'OMMLSSXON,

CASENO.: 0 6 - 00

1
Plaintiff,
1 V.
I
2 L&T lN'L'EKNA'L'IONAL CORPORATION: L&T GROUP
2 OF COMPANIES, LID. and DOES i-i0,I~~~ nclusive, '
3 Defendant.
2

COMYLAlN'l- O M L RIGHTS
EMPLOYMENT
D(4I2STC-7R.SI.MC.T$N9 A20T0I0OeN, et seq.) JURY TRIAL DENIAND

2

L
rl

1 NXI'UJKE I .' . .

c
c

This i s an action under Title VI1 ofthe Civil Rights Act of 'I964,as

c r(

uic~idccal~rid Title I ofthe Civil Rights Act of 1991 IO correct unlawful

, emplnyment practices on the basis of retaliadon and national origin. arid to

Received Sap-28-2006 09 :50

From-213 891 1301

To-US DISTRICT COURT, N Pore 006

Sap-27-2006 04:57pm From-LEGAL UNIT

213-894-1 301

T-947 P.006/011 F-458

1 provide appropriaterelief to Nassat Vega, Jose Dayril, Rufino Miguel, Tzlmiz

2 Uddin, Abdul Mothalib, Monir Monir, Arvin Urense, Shahintit RahmaTi, Slmfiqul

3 Islam, and Ramon S ~ T ~ LwUhSo wcfe advcrscly affectedby such practices. ‘fhe

4 Equd Employment Opportunity Commission alleges illat Defcndants L~TX‘
- 5 JmernationalCorpora~onL; &T Group of Companies, T;rcl. and DOES 1 10

6 (collectively “Defendants” or “Dcfendant Employers”) unLawfi.dlyterminared T h e

7 employment of rhe named iridividuals, eiiher by firing them or refusing to renew 9 their employment contract, in teralianan for their participation in protected s activity, namely, the filing of discnmination charges against Defendants. Fur-lher,

IC Defendanls luilawfully discrirninatcd against the charging parries by targeting

11 them fir rcrmination on accuurii uftheir national origin, Bangladeshi or Filipino.

12

JZlRTS’I)TCTIC3NAND VENUE

1:

1. Jurisdiction ofthis Court is invoked pursamt m 28 1I.S.C. (j$ 45 1,

11 1331,1337,1343 and 1345.

I!

2. T h i s acdm is aurhurized arid institutedpursuant to Scction 706(f)(1)

1( and (3) and 707ofTitle VI1 ofthe Civil Rights .ACTof 1964,as amended, 42 U.S.C.
1‘ 8 2000e-S(f)( 1) and (3) and 6 (“Title VUff)and Secrion 102 of Title I of the Civil 11 Rights Act uf 1991,42 U.S.C. 6 1981a.

l!

3. Some of &e empluymmip~;;u;;ljcacsllcgcd to be unlawfid wcre

2r committed within the jurisdhon of the United Sratcs District Court for ihc

2 District ofN’orthcrnMcurima Islands.

PARTIES

2.

4. Plainriff, Equal Employmtm OppUllUJli~Conmission (thc

2q ‘%ommission”),is the federal agency o f the Y hired State of America chargcd will1

2 the administration,interpretabon and enforcemenr of Title VTT, and is expressly

2 authorized to bring this action by Section 706(f)(l) and (3) and 707 of Title VII,
2 42 1J.S.C. 6 2000~-5(r)(1)ald (3) alld -6.

2 N1

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21 3-894-1301

T-gA7 P.007/011 F-A58

1

5. At all relevanr.rimes, Defeudait Employer L&T International

2 Zovoration has continuously been a Nor~hemManana Islarids coryoratioii doing 3 businc;ssin ale Nortl;lern Marian0 Islands and has continuously had at leasr fiftewl

4 [15) employees. At all relevmic cinies, Defendant L&T International Corporation

5 has continuously been an employer engaged in ai industry affecting commerce

6 widin the mcaning o f Sections 7UI(b), (e;) and (h)o f TiTle VfT, 42 U.S.C. g6

7 2000e(b), ( g ) and (h).

8

6. A t all relevant h c s 9Defaidant Employcr L&T Group ofCompanies,

4 Ltd., has contmuously been a Nonhern M a r h a Islarids cuiyox-ationdoing

10 business in thc Northern Mariona lslands and has conrinmuslyhad at least firteen

11 (1 5) employces. At all relevant timcs, Defendant L&T Group of Companies,Ltd.>

12 has continuouslyheen an employer engagal iii an industry affecting commerce

13 within the meaning of Sections 701 (h), (g) and (h) of Title VII, 42 U.S.C.$8

14 2000eCd),(g) (h).

15

7. Plaintiff is ignorant ofthe true names and capacities of Defendants

1C sued as DUES 1 through 10, inclusive, hereiIi arid lliereforc Plainriff sucs said

1: Defendants by such fictihous names. Plaintiff tesewes the right TO ammil Uie

11 cump1zuiit to name thc DOE defendants individually or corporately as they became

I! known. PlaindEalleges that cach of the Dcfcndants named as DOES was in some

24 manner responsible for the acrs and omissicxis allcged,liercinand Plaintiff will

2: mendthe complaint to allege such responsibility when same shall h~lvtb; een

2: ascu-talliedby Plaintiff.

2:

8- All o f thc a ~ t said failurcs to act allcgcd hcrcin were duly performed

3 by and attributable to all Defendants, each acting as a successor, agwLt3joint

2: q l o y e r , integrated enterprise, cmplnyee andor under 'the direction arid coiitrol

21 of thc other Defmcbnts, except as orherwise specifically alleged Said acrs and

2 failures to act wcrc within the scope o f such agency and/or employment, and each

28 Defendant pamcipated in. apy~,uvtad d o r ratifiedthe unlawful acts and

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~-a47 ~.ooa/oi1 ~-458

1 >missionsby other Defendants complained nf herein. Wiweucr and whcrcvcr

2 .efwmlcc i s imde in this Complaint to my act by a Defendant or nefenclants, such

3 ilkgations and refmetice shall also bc dccmed to mean the acts and failures to acr

4 2f each Defendant acting individually,jointly, andor sevcrdly.

5

9. It is further alleged on information and heliefrhat tht: urrrriuiied

6 Defkndants in xhe cwiiplaiiit are altcr cgos, joint employers, andor integrated

7 emerprises of Defendants L&T h t c r m tiuiial Corporation.

E

S'l'ATEMlilNT OF C

m

s

10. More t h t h i v days prror to the institdon o f this lawsuit, Nassai

I ( Vega, Jose Dayrit, Rufino Migucl, T k z Uddin,Abdul Mothalib, Monir Moi~ir,

11 Arvin Orense, Shahinur Rahnrxan, Slrafiqul Islam, and Ramon Smtos filed 3 charge

1; With the Commhsion alleging violations ofTiTk VI1 by DefenddTil Eriiyloya-s.

1: All conditions prcccdent to the institution o f t h ~ slawsuit have been fiilfilled.

Id

11. Siricc a1least May 21,2003, DcfcndmT Employers engaged in a

I! pattern and pracrice of unlawful crnyloyineiitdiscrimination at its Saipan,

1( Northern Maiana Islands, faciliry in violarion clf Section 703(a), 704(a) and 707
1' o f Titlc WT, 42 U.S.C. 5 2000e 2(a), -3(a), and -6. 'l'hesepractices incliide, bur

11 are not limired 10, unlawfully ltxiiljiiating the employmcnt of Nassar Vega, Jose

1' Dayrit, Rufino Miguel, Tamiz ZJddin, Ahdul Mothalib, MuriiI Mmir, Arvin

2 Orensc, Shahinur Rahmm, Shafiqul Islam, and 1-n Santos, either by firing

2 tlreiii or refusing to rcncw their employment contract, in retaliabon for their

7. participarion in protected a d vity?iiaiicly, the filing of discriminationcharges

2 agamst Uefendant Fmployers and opposing cliscrirr6Jiator-ypractices.

2

Dcfendmrs retaliated against claimants for opposing discrimination.

2 Defendants unlawfully discriminared against the charging pames by targeTine:
-3 them €vr L c i w h a t i o x i on account oftlicir national origin, Bangladeshi or liilipino.

2

12. The effeci or l l i y~racrice complained of abovc has bccn to deprive

3 Nassar Vega, Jose Ilayrit, R i i f i m Miguel, Tamiz Uddin, Abdul Mutlrilib, Monk

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4 From-213 BQ4 1301

To-US DISTRICT COURT, N Page 008

Sap-27-2006 04:BBpm From-LEGAL UNIT

213-894-1301

T-947 P.009/011 F-45B

1 Monir, Arvin Orense, SImhhur Rahmui, Shafiqul Islam, and Ramon Smtos of

2 cqual cmployment opportunities and otherwise adversely affect their status as

3 employees because of their national origin and in retaliation for their protected

4 activities.

5

13, The unlawfiil employmentpractices complained o f above were

6 intentional.

7

14. The unlawful cmploy-rnentpractices complained of above were done

8 with malice or with reckless indifference to the federally protected rights of s Nassm Vega, Jose Uayrit, Rufino Migud, Tamiz Uddirr, Abdul Mothalib, Monir

1c Monir, Anin Orcnse, Shahinw Rahman, Shafiqul Islam, ,and R~rnnnSantos.

11

PRAYER FOR RELIlEF

12

Wherefore, the Commissioiixspwllully requests that this Court:

1:

A. Grant a permanent injmction enjoining Defendant Employers, their

1L officers, successors, assigns, and all persons in active concerr or participation

1: with them, horn (I.) engaging in rctaliation and disparate treatment and any other

1t employment practices which discriminates on the basis of national origin, and (2)

1’ discriminating against any individual because he or she has vpposcd m y udawful

11 eiiiploynxnt practicc or because he or she has made a charge, testified, assisted, or

l! participated in any manner in an investigation,proceeding, or hearing under 42

21 U.S.C. $200Oe-3.

2

B. Order Defendanr Employers to instihire and carry out policies,

2: practices, and proflams which provide equal employment oppomnities for

2 Bangladeshi and Filipirios aid which eradicatc rhc cffccts of their past and present

2 unlawftl employment practices.

2

c. Order Defendant Employers to make whole Nassar Vega, Jose Dayrit,

2 Rufino Miguel, Tamiz Uddin, Abdul Mothalib, Monir Monir, Anrin Ch-mse,

2 Shahinur Rahman, Shafiqul Islam, and W o n Santos by providing appropriate

2 backpay with prejudgment inlcrcsl, iii amounts to bc determined at trial, and other

ROW ived Sep-28-2006 OB: 60

5
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Sep-27-2006 O4:58pm From-LEGAL UNIT

213-884-1 301

1-847 P.010/011 F-458

I zffinnarivereliefrrr;c;tssayto cradicatethe cffccts of thcir unlawful employment

2 practices, including but not limited to reinstatement.

3

D. @der Defendant Employers to make whole Nassar Vega, Jose Day-r&

4 Rufiiio Migucl, Tamiz Uddin, Abdul Mothalib, Monir Monir, Awin Orense,

5 Shahinur Rahman, Shafiqul Islam, and Ramon Santos by providing compensation

6 for past and future nonpecuniary losses resulting rrwi ~Iicruilawful practices

7 dcscribed above, including relocation expenses,job search expenses, m d medical

8 expenses not coveredby the Employers' employee benefit plan, in amounts to be

9 determinedat mal.

10

E. Order Defendant Employers to make whole Nassar Vega, Jose Daytit,

11 Rufino Miguel, Tarniz Uddin, Abdul Mothalib, Monir Monir, Arvin Orense,

12 Shahinur .Wurrii, Shafiqul Islam,and Ramon Smtos by providing compensation

13 for past and fiiture nonpecuniary losses resulting &om the unlawfhl practices

1' complained of above, including emotional pain, suffering, inconveriiciiL;c,loss of

1: enjoyment oflifc, and humiliation, in m o u n t s to be deterrnined at trial.

1C

F. Order Defendant Employers to pay Nassar Vega, Jose Daflt, Rut-in0

1: Miguel, Tamiz Uddin, Abdul Mothalib, Monir Monir, Arviri Orelist, SlAinur

11 R;shman, Shafiqul Islam, and Ramon Santos punitive damees fnr their malicious

15 and reckless conduct described above in amounts to be determined at mal.

2f

G. Graril sudl hitlicr rclicf as the Court dGcms n c c c s s q and proper in

2' the public.interest.

2:

H. Award the Commission its costs ofthis action.

2: I//

21 /I/

2 ///

2' ///

2 Ill

-3 ///

Ruuivud Sup-28-2000 08:50

6
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213-894-1 301

T-Qd7 P.O11/011 F-458

1

JURY TRTAT, DEMAND

2

The Culnnission rcquests a jury b a l on all questions o f fact raisedby its

3 complaint.

4 Dated: September 27, 2.006

Respectfully Submitted,

5

RONALD S. COOPER

t

General Counsel

c I

JAMES L. LEE

Ueputy General Counsel

t

GWENDOLYN YOUNG RF.AMS

5

Associare General Cuuriscl

1(

OU.PSP.OERQUrAuLN.IETMY PCLOOMYMMIESNSITON

1

1801 "L" Street, N.W.

1:

T Washin on,l3.C 20507 /-

1

'I

Regional Attorney

1

1

OU SPP.OER?rUUANLI,TEYMPCTO.CM)YMMISESNITON

1

I
1
r 4
I d

I I

Received Se~-28-2006 08:50

7
From-213 884 1301

To-US VI STRICT CWURT, N Pane 0 I I

 
 Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 1 of 8

I : ANNA Y. PARK. CA SBN 164242 THOMAS S. LEPAI<;, CA ~BN 245649
2: U.S. EQUAL EMPLuYMEN1 OPPOR!UNITY COMMISSION
3 255 East Temple Street, 4th Floor Los Angeles CA 90012
4' Telephone: i'213) 894-1083 Facsimile: (213) 894-1032
5 . E-mail: lado.legal@eeoc.gov

6 (lREQORY L. McCLINfON,.!-=A SBN 153553

1 l:.S. EQUAL EMPLOYMENt
7: OPPOR!UNITY COMMISSION

300 Ala Moana Boulevard, Room 7-127

8

1

Honolulu, HI 96850 Telephone: (808) 541-3122

9 Facsimile: (808} 541-3390

E-mail: wilfredo.tungol@eeoc.gov

10 i

l1 . ""ttorn~·sfor Plaintiff i U.S. E UAL EMPLOYMENT
12. OPPOR JNlTY COMMISSION

13 Ii

UNITED STATES DISTRICT COURT

14.

DISTRICT OF THE ~ORTHER'i MARIANA ISLANDS
151

16' U.S. EQUAL EMPLOYMENT OPPOR!UNITY COMMISSION,
17

18

Plaintiff,

19

v.

20

L&T INTERNATIONAL 21 CORPORATION· L&T GROUP
t OF COMPAN1ES, LTD.'r·TAN
21 HOLDINGS CORPORA ION· TAN HOLDINGS OVERSEAS
23 INCORPORATED;,CONCORDE
! 24' CGOARRPMOERNATTMIOANN· uMFIACCRTOURING

PACIFIC!l.INC""'}lEASONAL 25' INCORPuRAttD;andDOES 1-5,
Inclusive, 26:
I

27

Defendants.

CASE NO.: 06-003! THIRD AMENDED COMPLAINTCIVIL RIGHTS EMPLOYMENT DISCRIJ\iTNATION (42 U.S.C. §§ 2000e, et seq.)

281. - - - - - - - - )

Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 2 of 8

11

NATUREOF'J'HEACTION

2

This is an action under Title VII of the Civil Rights Act of !964, as

3 amended. and Title I of the Civil Rights Act of 1991 to correct unlawful

4 employment practices on the basis of retaliation and national origin, and to

5 provide appropriate reliefto Nassar Vega, Jose Dayrit, Rufino Miguel, Tamiz

6 Uddin, Abdul Mothalib, Monir Monir, Arvin Orense, Shahinur Rahman, Shafiqul

7 Islam, Ramon Santos, Mohammed Kadir, Benjamin Del Rosario, Quirino Ilarde,

8 Arnold De Vera, and a class of similarly situated individuals who were adversely

9 · affected by such practices. The Equal Employment Opportunity Commission

10. alleges that Defendants L&T International Corporation; L&T Group of

11 Companies, Ltd.; Tan Holdings Corporation; Tan Holdings Overseas

12 · Incorporated; Concorde Garment Manufacturing Corporation; Micro Pacific, Inc.;

13 Seasonal Incorporated; and DOES 1-5 (collectively "Defendants" or "Defendant

14 Employers") unlawfully terminated the employment of the named individuals,

15 • either by firing them or refusing to renew their employment contract, in retaliation

16. for their participation in protected activity, namely, the filing of discrimination

17 charges against Defendants. Further, Defendants unlawfully discriminated against

18 ; the charging parties by targeting them tor termination on account of their national

191 origin, Bangladeshi or Filipino.

20 i

lURISDICTION 1\ND YEN{JE

21

I. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451,

22i 1331.1337, 1343and 1345.

23

2. This action is authorized and instituted pursuant to Section 706(1)(1)

i

24 and (3) and 707ofTitle VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C.

25 i § 2000e-5(f)(l) and (3) and -6 ("Title VII") and Section 102 ofTitle I of the Civil

26 • Rights Act of 1991,42 U.S.C.§ 1981a.
271 //1 •
281: /1/

2

Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 3 of 8

3. Some of the employment practices alleged to be unlawful were

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

3 1 District of Northern Mariana Islands. ' PARTIES

4. Plaintiff; Equal Employment Opportunity Commission (the

6 i "Commission"), is the federal agency of the United State of America charged with

7 · the administration, interpretation and enforcement of Title VII, and is expressly

8 i authorized to bring this action by Section 706(f)(J) and (3) and 707 of Title VII,

9 42 U.S.C. § 2000e-5(f)(l) and (3) and -6.

I

10:

5. At all relevant times, Defendant Employer L&T International

11 ! Corporation has continuously been a Northern Mariana Islands corporation doing

12 business in the Northern Mariana Islands and has continuously had at least fifteen

l3 i (I 5) employees. At all relevant times, Defendant L&T International Corporation

14, has continuously been an employer engaged in an industry affecting commerce
I
15 within the meaning of Sections 701(b), (g) and (h) ofTitle VII, 42 U.S.C. §§

16 i 2000e(b), (g) and (h).

17

6. At all relevant times, Defendant Employer L&T Group of Companies,

I
18' Ltd., has continuously been a Northern Mariana Islands corporation doing

19 i business in the Northern Mariana Islands and bas continuously had at least fifteen
'
20 (I 5) employees. At all relevant times, Defendant L&T Group of Companies, Ltd.,

21 1 has continuously been an employer engaged in an industry affecting commerce

22: within the meaning of Sections 701(b), (g) and (h) of Title Vll, 42 U.S.C. §§

23 2000e(b), (g) and (h).

241.

7. At all relevant times, Defendant Employer Tan Holdings Corporation

25 has continuously been a Northern Mariana Islands corporation doing business in

26 the Northern Mariana Islands and has continuously had at least fifteen ( 15)

27 employees. At all relevant times, Defendant Tan Holdings Corporation has

28 continuously been an employer engaged in an industry affecting commerce within

3

Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 4 of 8

1! the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b),

2. (g) and (h). I

3

8. At all relevant times, Defendant Employer Tan Holdings Overseas

4 1 Incorporated has continuously been a Northern Mariana Islands corporation doing

5: business in the Northern Mariana Islands and has continuously had at least fifteen
6 I (15) employees. At all relevant times, Defendant Tan Holdings Overseas •
71 Incorporated has continuously been an employer engaged in an industry affecting

8 • commerce within the meaning of Sections 70l(b), (g) and (h) ofTitle VII, 42

9 U.S.C. §§ 2000e(b), (g) and (h).

10 I

9. At all relevant times, Defendant Employer Concorde Garment

11 : Manufacturing Corporation has continuously been a Northern Mariana Islands

121 corporation doing business in the Northern Mariana Islands and has continuously •
13 I had at least fifteen {15) employees. At all relevant times, Detendant Concorde
14: Garment Manutacturing Corporation has continuously been an employer engaged

151 in an industry affecting commerce within the meaning of Sections 70l(b), {g) and •
161 (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

17

10. At all relevant times, Defendant Employer Micro Pacific, Inc., has

18 continuously been a Northern Mariana Islands corporation doing business in the

19 Northern Mariana Islands and has continuously had at least fifteen (15)

20 employees. At alI relevant times, Defendant Micro Paci fie, Inc., has continuously

21 been an employer engaged in an industry affecting commerce within the meaning

22 of Sections 70l(b), (g) and (h) ofTitle VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

23

11. At all relevant times, Defendant Employer Seasonal Incorporated,

24 has continuously been a Northern Mariana Islands corporation doing business in

25 the Northern Mariana Islands and has continuously had at least fifteen (15)

26 employees. At all relevant times, Defendant Seasonal Incorporated, has

27 · continuously been an employer engaged in an industry affecting commerce within

28 i !II

4

Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 5 of 8

u.s.c. l I the meaning of Sections 70 l (b), (g) and (h) ofTitle VII, 42

s§ 2000e{b),

2 (g) and (h).

3

12. Plaintiff is ignorant of the true names and capacities of Defendants

4 sued as DOES 1 through 5, inclusive, herein and therefore Plaintiff sues said

5 Defendants by such fictitious nan1es. Plaintiff reserves the right to amend the

6 complaint to name the DOE defendants individually or corporately as they become

7 known. Plaintiff alleges that each of the Defendants named as DOES was in some

8 manner responsible for the acts and omissions alleged herein and Plaintiff will

9 amend the complaint to allege such responsibility when same shall have been

lO ascertained by Plaintiff.

11

13. All ofthe acts and failures to act alleged herein were duly

12 performed by and attributable to all Defendants, each acting as a successor, agent,

13 joint employer, integrated enterprise, employee and/or under the direction and

14 control of the other Defendants, except as otherwise specifically alleged. Said acts

15 and failures to act were within the scope of such agency and/or employment, and

16 each Defendant participated in, approved and/or ratified the unlawful acts and

17, omissions by other Defendants complained of herein. Whenever and wherever

18 reference is made in this Complaint to any act by a Defendant or Defendants, such

19 allegations and reference shall also be deemed to mean the acts and failures to act

20: of each Defendant acting individually, jointly, and/or severally.

21:

14. It is further alleged on infonnation and beliefthat the unnamed

Defendants in the complaint are alter egos, joint employers, and/or integrated

23 enterprises of Defendants L&T International Cmporation.

STATEMEl'IT OF CLAIMS

25.

15. More than thirty days prior to the institution of this lawsuit, Nassar

26 Vega, Jose Dayrit, Rufino Miguel, Tamiz Uddin, Abdul Mothalib, Monir Monir,
271 Arvin Orense, Shahinur Rahman, Shafiqul Islam, Ramon Santos, Mohammed

28 · Kadir, Benjamin Del Rosario, Quirino Ilarde, and Arnold De Vera !iled a charge

5

Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 6 of 8

l with the Commission alleging violations of Title VII by Defendant Employers.

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

3

16. Since at least May 21, 2003, Defendant Employers engaged in a

4 pattern and practice of unlawful employment discrimination at its Saipan,

5; Northern Mariana Islands, facility in violation of Section 703(a), 704(a) and 707

6: ofTitle VII, 42lJ.S.C. § 2000e-2(a), -J(a), and -6. These practices include, hut

7: are not limited to, unlawfully terminating the employment of Nassar Vega, Jose

8 Dayrit, Rufino Miguel, Tamiz Uddin, Abdul Mothalib, Monir Monir, Arvin

9 Orense, Shahinur Rahman, Shafiqullslam, Ramon Santos, Mohammed Kadir,

10 Benjamin Del Rosario, Quirino llarde, Arnold De Vera, and a class of similarly

11 i situated individuals, either by firing them or refusing to renew their employment

12 i contract, in retaliation for their participation in protected activity, namely, the

13 i filing of discrimination charges against Defendant Employers.

14.

Defendants retaliated against claimants for opposing disL-rimination.

i15 Defendants unlawfully discriminated against the charging parties by targeting

161 them for tennination on account of their national origin, Bangladeshi or Filipino.

17. The effect of the practice complained of above has been to deprive

Nassar Vega, Jose Dayrit, Rufino Miguel, Tamiz Uddin, Abdul Mothalib, Monir

Monir, Arvin Orcnsc, Shahinur Rahman, Shafiqullslam, Ramon Santos

Mohammed Kadir, Benjamin Del Rosario, Quirino Ilarde, Arnold De Vera, and a

class of similarly situated individuals of equal employment opportunities and

22 otherwise adversely affect their status as employees because of their national

23 origin and in retaliation for their protected activities.

24

18. The unlawful employment practices complained of above were

25 intentional.

26

19. The unlawful employment practices complained of above were done

27 with malice or with reckless indifference to the federally protected rights of

28 Nassar Vega, Jose Dayrit, Rufmo Miguel, Tamiz Uddin, Abdul Mothalib, Monir

6

Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 7 of 8

l Monir, Arvin Orense, Shahinur Rahman, Shafiqul Islam, Ramon Santos,

2 Mohammed Kadir, Benjamin Del Rosario, Quirino llarde, Arnold De Vera, and a

class of similarly situated individuals.

PRAXE:R_fOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

6

Grant a permanent injunction enjoining Defendant Employers, their

7 ofticers, successors, assigns, and all persons in active concert or participation

8 v.ith them, from (I) engaging in retaliation and disparate treatment and any other
i9 employment practices which discriminates on the basis of national origin, and (2) il 0 discriminating against any individual because he or she has opposed any unlawful

11 . employment practice or because he or she has made a charge, testified, assisted, or
121 participated in any manner in an investigation, proceeding, or hearing under 42
nl U.S.C. §2000e-3.

141

B. Order Defendant Employers to institute and carry out policies,

15 practices, and programs which provide equal emplo;ment opportunities for

16.1 Bangladeshi and Filipinos and which eradicate the effects oftheir past and present

!7 unlawful employment practices.

18

c. Order Defendant Employers to make whole Nassar Vega. Jose Dayrit,

19 Rufino Miguel, Tamiz Uddin, Abdul Mothalib, Monir Monir, Arvin Orense,

20 Shahinur Rahman, Shafiqullslam, Ramon Santos, Mohammed Kadir, Benjamin

21 Del Rosario, Quirino Ilarde, Arnold De Vera, and a class of similarly situated

22 individuals by providing appropriate backpay with prejudgment interest, in

23 amounts to be determined at trial, and other affirmative relief necessary to

24 eradicate the effects of their unlawful employment practices, including but not

25 limited to reinstatement.

26

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

'
27: the public interest.

28 · Ill

7

Case 1:06-cv-00031 Document 80 Filed 11/17/08 Page 8 of 8

1 •

E. Award the Commission its costs ofthis action.

2

3 Dated: October 31, 2008

Respectfully Submitted,

4

RONALD S. COOPER

5

General Counsel

6

JAMESL.LEE

Deputy General Counsel

7

GWENDOLYN YOUNG REAMS

8

Associate General Counsel

9

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

10

1801 "L" Street, N.W.

Washington, D.C. 20507

11

12

13

14.

DEREK W.LI

Supervisory Trial Attorney

15

16

17

18

19

20

21

24 25 26
27
28
8

 
 Case 1:06-cv-00031 Document 94 Filed 03/19/09 Page 1 of 3

1 Anna Y. Park, CA SBN 164242
Gregory L. McClinton, CA SBN 153553 2 Thomas S. LeQ.~kA..CA SBN 245649
U.S. EQUAL EMl'LOYMENT 3 OPPORIUNlTY COMMISSION
300 Ala Moana Boulevard, Suite 7-127 4 Honolulu, Hawaii 96850
Telephone: (808) 541-3123 5 FacsImile: (808) 541-3390
E-Mail: lado.legal@eeoc.gov
6
Attorne~ for Plaintiff 7 U.S. E UAL EMPLOYMENT
OPPOR UNITY CONIMISSION
8

F I LED
Clerk
OistrictCourt
For'fhe Northern Mariana Islands By,~~=--~~--
(Deputy Cl.~

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN MARIANA ISLANDS

11

12 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, 13

14

Plaintiff,

vs. 15

Case No.: CV-06-0031
fPlt~~~ ORDER RE:
SETTLEMENT

16 L&T INTERNATIONAL

17 CORPORATION; L&T GROUP OF

COMPANIES, LTD; and DOES 1-10

18 inclusive.

19

Defendant(s).

Hon. Alex R. Munson

20 On March 4, 2009, Plaintiff U.S. Equal Employment Opportunity
21
Commission ("Commission") represented by Gregory L. McClinton and 22
Defendants L&T International Corporation, L&T Group of Companies, Tan
23 Holdings Corporation, Tan Overseas Incorporated, Concorde Garment
24
Manufacturing Corporation, Seasonal Incorporated and Micro Pacific, Inc., 25
("Defendants") represented by Steven P. Pixley and Colin M. Thompson appeared 26
before this Court for the Pretrial Conference and Final Settlement Conference. Th
27
Parties reached agreement to resolve the litigation by entry of a Consent Decree.
28

-1­

Case 1:06-cv-00031 Document 94 Filed 03/19/09 Page 2 of 3

1 The Defendant(s) will pay $210,890 in monetary damages and have agreed in

2 principal to a Consent Decree, the terms of which are to be determined. It is 3 further agreed that the Court will determine which named defendant or defendants 4 will be bound by the Consent Decree. The Parties are to submit briefs to the Court 5 on this issue not later than March 20, 2009. The Parties agree that the Courts

6 decision is final. The briefs shall be limited to 15 pages not including exhibits.

7 The final consent decree shall be submitted for approval to the Court by April 3,

8 2009.

9
Respectfully Submitted By:
10
11
12

U.S. EQUAL EMPLOYMENT OPPORIUNITY COMMISSION Anna Y. Park Gregory L. McClinton Thomas S. Lepak

lsi Gregop: L. McClinton Gregory . McChnton Semor Trial Attorney Attorneys for Plaintiff

THOMPSON LAW OFFICE LLC

lsi Colin M. Thompson Colin M. Thompson
Steven P. Pixley, Esquire
lsi Steven P. Pixley Steven P. Pixley Attorney at Law

~,e~..J
Hon. Alex R. unson U.S. District Court Judge

-2­

Case 1:06-cv-00031 Document 94 Filed 03/19/09 Page 3 of 3

1

2

3

DECLARATION OF MAILING

4

I am, and was at the time the herein mentioned delivery took place, a citizen

5 of the United States, over the age of eighteen (18) years and not a party to the

6 above-entitled cause.

7

I am employed in the Legal Unit ofthe Honolulu Local Office of the United

8 States Equal Employment Opportunity Commission, Honolulu, Hawaii.

9

My business address is Equal Employment Opportunity Commission, 300

10 Ala Moana Boulevard, Room 7-127, Honolulu, Hawaii 96850

11

On the date that this declaration was executed, as shown below, I served the

12 foregoing Proposed Order Re: Settlement via E-mail and FAX at Honolulu, State

13 of Hawaii, in envelopes addressed as follows:

14
Mr. Colin M. Thompson, Esquire 15 TIIOMPSON LAW OFFICES LLC
16 J.E. Tenorio Building PMB 917 Box 10001
17 Saipan, Mariana Islands, 96950
18 Colin.thompson@saipan.com

Mr. Steven P. Pixley, Esquire 2nd Floor, CIC Centre Garapan, Beach Road Saipan, Mariana Islands 96950 sppixley@aol.com

19

20

I declare under penalty of perjury that the foregoing is true and correct.

21

Executed on March 13, 2009 at Honolulu, Hawaii

22

23

/s/

24

Gregory L. McClinton

25

26

27

28

·3· 


 
 Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 1 of 19

1 ANNA Y. PARK, CA SBN 164242
DEREK W. LI, CA SBN 150122 2 GREGORY L. McCLINTON SBN 153553
THOMAS S. LEPAK, CA SBN 245649 3 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION 4 300 Ala Moana Boulevard, Room 7-127
P.O. Box 50082 5 Honolulu, Hawaii 96850
Telephone: (808) 541-3122 6 Facsimile: (808) 541-3390
E-Mail: lado.legal@eeoc.gov 7
Attorneys for Plaintiff 8 U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
9
STEVEN P. PIXLEY, ESQ. 10 COLIN M. THOMPSON, ESQ.
Third Floor, TSL Plaza 11 Garapan, Beach Road
Saipan, M P 96950 12 Telephone: (670) 233-2898
Facsimile: (670) 233-4716 13 E-Mail: sppixley@aol.com

14 Attorneys for Defendants L&T INTERNATIONAL CORP.;
15 L&T GROUP OF COMPANIES, LTD.; TAN HOLDINGS CORP.; TAN HOLDINGS
16 OVERSEAS, INC.; CONCORDE GARMENT MANUFACTURING CORP.; MICRO
17 PACIFIC, INC.; SEASONAL INC.

18

IN THE UNITED STATES DISTRICT COURT

19

FOR THE NORTHERN MARIANA ISLANDS

20 U.S. Equal Employment Opportunity

Civil Case No.: CV 06-0031

Commission, 21

JUDGMENT ANI)

22

Plaintiff,

V.

) CONSENT DECREE BETWEEN PLAINTIFF EEOC AND DEFENDANTS

23

24 LC&omTpIannteierns,aLtitodn.a; lTCanorHpoolrdaitniogns;CL&orTpoGrartoiounp;of))

25 Tan Holdings Overseas, Inc.; Concorde

1

Garment Manufacturing Corporation;Micro

26 Pacific, Inc.; Seasonal, Inc.; and Does 1-5,

Inclusive, 27

28

Defendants.

i
1

-1-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 2 of 19

1

Plaintiff U.S. Equal Employment Opportunity Commission (the “EEOC” or

L ”Commission”) and Defendants Seasonal, Inc.; Concorde Garment Manufacturing

.2 Corporation; and L&T Group of Companies, Ltd.-which was formerly known as

4 L&T International Corporation-( collectively, “Defendants”) hereby stipulate and

< agree to entry of this Final Judgment and Consent Decree (the “Decree”) to fully

c md finally resolve Plaintiffs claims against Defendants in Civil Case No. 06-0031

5 titled U.S. Equal Employment Opportunity Commission v. L&T International

8 Corporation; L&T Group of Companies, Ltd.; Tan Holdings Corp.; Tan Holdings

9 Dverseas, Inc.; Concorde Garment Manufacturing Corp.; Micro Pacific, lnc.;

i a Seasonal, Inc.; and Does 1-5, Inclusive (the “Action”). Plaintiff filed the Action ir

11 :he U.S. District Court for the Northern Mariana Islands claiming violations of
12 ritle VI1 of the Civil Rights Act of 1964, as amended, 42 U.S.C. $ 5 2000e etseq.

13 :“TitleVII”). Specifically,the EEOC alleged that Defendants terminated fourteen

14 brmer employees-i.e., Messrs. Vega, Dayrit, Del Rosario, De Vera, Islam,

15 larde, Kadir, Miguel, Mothalib, Monir, Orense, Rahman, Santos, and Uddin

16 :collectively,the “Claimants”)-in retaliation for their filing of EEOC charges of

17 Iiscrimination andor because of their national origin (Filipino, Bangladeshi).

18

11.

19

PURPOSES AND SCOPE OF THE CONSENT DEClRlEE

20

A. The Decree is made and entered into by and between the EEOC and

21 lefendants (collectively, the “Parties”). The Decree shall be binding on and

22 nforceable on the EEOC and Defendants, as well as their officers, directors,

23 Igents, successors and assigns. This Decree is intended to resolve the disputed

24 :laims between the Parties.’ By agreeing to this Decree, Defendants do not admit

25

26 The Decree encompasses the same injunctive relief as the decrees in Case No. 08 27 1037 and 08-0038, each titled U.S. EEOC v. L&T International Corporation, et al.,
28 lleging Defendants discriminated against and/or harassed a class of individuals because of sex (pregnancy) and age in violation of Title VI1 and the ADEA.

-2-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 3 of 19

1 any violation of the law as alleged in the complaint. The EEOC will dismiss Micrc

2 Pacific, Inc.; Concorde Garment Manufacturing Corporation; Tan Holdings Corp.;

3 and Tan Holdings Overseas, Inc. as defendants in this suit. However, in the

4 interest of promoting equal employment opportunities, Tan Holdings Corp. and

5 Tan Holdings Overseas, Inc. (collectively, the "Other Corporate Entities":),agree tc

6 comply and be bound by the injunctive relief remedies set forth in the Decree to

7 the same degree those injunctiveprovisions apply to Defendants.

8

B. The Parties have entered into this Decree for the following purposes:

9

1. To provide appropriate monetary and injunctive reliec,

10

2. To ensure that its employment practices comply with federal

11

law;

12

3. To ensure a work environment free Erom retaliation and

13

unlawfbl discrimination;

14

4. To ensure training of managers in employment discrimination

15

law;

16

5. To ensure dissemination of an employment discrimination

17

policy reflective of federal law; and

18

6. To conclude and terminate this case.

19

III.

20

RELEASE OF CLAIMS

21

A. This Decree fblly and completely resolves all issues, claims and

22 allegations raised by the EEOC against Defendants in the Action.

23

B. Nothing in this Decree shall be construed to preclude any party from

24 )ringing suit to enforce this Decree in the event that any party hereto fails to

25 Jerform the promises and representations contained herein.

26

C. Nothing in this Decree shall be construed to limit or reduce

27 Iefendants' obligations to comply fully with Title VI1 or any other federal1

28 :mployment statute.

-3-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 4 of 19

1

D. This Decree in no way affects the EEOC’s right to bring, process,

2 investigate or litigate other charges that may be in existence or may later arise

3 against Defendants in accordance with standard EEOC procedures.

4

IV.

5

JURISDICTION

6

A. The Court has jurisdiction over the Parties and the subject matter of

7 this lawsuit. The Action asserts cIaims that, if proven, would authorize the Court

8 to grant the equitablerelief set forth in this Decree. The terms and provisions of

9 the Decree are fair, reasonable and just. The Decree conforms with Title VI1 and

10 the Federal Rules of Civil Procedure and is not in derogation of the rights or

11 privileges of any person.

12

B. The Court shall retain jurisdiction during the duration of the Decree

13 for the purposes of entering all orders, judgments and decrees that may be:

14 necessary to implement the relief provided herein.

15

V.

16

EFFECTIVE DATE AND DURATION OF DECREE

17

A. The provisions and agreements contained herein are effective

18 immediately upon the date which this Decree is entered by the Court (the

19 “EffectiveDate”).

20

B. Except as otherwise provided herein, this Decree shall remain in

21 sffect for three (3) years after the Effective Date.

22

VI.

23

MODIFICATION AND SEVERAIBILITY

24

A. This Decree constitutes the completeunderstanding of the Parties wit1

25 -espectto the matters contained herein. No waiver, modification or amendment of

26 my provision of this Decree will be effective unless made in writing and signed by

27 in authorized representative of each of the Parties.

28

-4-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 5 of 19

1

B. If one or more provisions of the Decree are rendered unlawful or

2 unenforceable, the Parties shall make good faith efforts to agree upon appropr,&e

3 amendments to this Decree in order to effectuate the purposes of the Decree. In

4 any event, the remaining provisions will remain in fbll force and effect unless the

5 purposes of the Decree cannot, despite the Parties’ best efforts, be achieved.

6

C. By mutual agreement of the Parties, this Decree may be amended or

7 modified in the interests ofjustice and fairness in order to effectuate the provisions

8 nerein.

9

VII.

10

COMPLIANCE AND DISPUTE RIESOLUTION

11

A. The Parties expressly agree that if the Commission has reason to

12 3elieve that Defendants have failed to comply with any provision of this Consent

13 Iecree, the Commission may bring an action before this Court to enforce the

14 Iecree. Prior to initiating such action, the Commission will noti@ Defendants,

15 my successor, and/or their legal counsel of record, in writing, of the nature of the

16 iispute. This notice shall specify the particular provision(s) that the Commission

17 ielieves Defendants and/or any successors have breached. Absent a showing by

18 :ither of the Parties that the delay will cause irreparable harm, Defendants and/or

19 my successors shall have thirty (30) days to attempt to resolve or cure a breach of

20 my non-monetary provisions, and five (5) business days to attempt to resolve or

21 :ure a breach of any monetary provision.

22

B. The Parties agree to cooperate with each other and use their best

23 :fforts to resolve any dispute referenced in the EEOC notice.

24

C. After thirty (30) days have passed-in the case of a non-monetary

25 1reach-m five (5) business days have passed-in the case of a monetary

26 reach-with no resolution or agreement to extend the time further, the

27 :ommission may petition this Court for resolution of the dispute, seeking all

28 vailable relief, including an extension of the term of the Decree for such period of

-5-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 6 of 19

1 time as the Defendants and/or any successor are shown to be in breach of the

2 Decree and including payment for the Commission’s costs and attorneys’ fees

3 incurred in securing compliance with the Decree.

4

VIII.

5

MONETARY RELIEF

6

A, In settlement of this lawsuit, Defendants agree to pay an aggregate

7 sum of $210,910.00 (two hundred ten thousand nine hundred ten dollars and zero

8 cents) to the Claimants as designated by the EEOC and set forth herein. The

9 distribution of monies to the Claimants shall be made at the sole discretion of the

10 EEOC.

11

B. The EEOC shall send to the Defendants a letter (the “Distribution

12 Letter”) designating the amount of the distributions to be made and the addresses

13 to which the checks should be sent. Within five (5) business days of the Effective

14 Date, via certified mail or hand delivery, Defendants shall issue to each Claimant

15 payments in the amounts designated in the Distribution Letter. The monies shall

16 be designated as non-wage compensation under Title VII, and no tax withholding

17 shall be made. The Defendants shall prepare and distribute 1099 tax reporting

18 forms to each individual identified by the EEOC and shall make the appropriate

19 reports to the Internal Revenue Service and or other Federal, State or

20 Commonwealth taxing authority.

21

E. Within five ( 5 ) business days of the issuance of each settlement check

22 :he Defendants shall submit a copy of each check and related correspondence to

23 :he EEOC. Within five ( 5 ) business days of the return of any check, the

24 Defendants shall notify the EEOC in writing of each check that is returned. The

25 EEOC may take further steps to track those Claimants whose settlement checks are

26 -eturned, and/or the EEOC may designate a new distribution for any amount not

27 3aid to any such Claimant-including, if necessary, designation of any amounts to

28

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 7 of 19

1 be paid to a non-profit organization-and shall be at the sole discretion of the

2 EEOC.

3

Ix.

4

GENIERGL, INJUNCTIVE RELIEF

5

A. Non-Discrimination

6

Defendants, their officers, agents, management (including all supervisory

7 employees), successors, assigns, and all those in active concert or participation

8 with them, or any of them, hereby are enjoined not to discriminate against persons

9 on the basis of national origin, age, or sex (including pregnancy) in the teims and

10 conditions of employment.

11

B. Retaliation

12

Defendants, their officers, agents, management (including all supervisory

13 employees), successors, assigns, and all those in active concert or participation

14 with them, or any of them, hereby are enjoined not to engage in, implement or

15 permit any action, policy or practice with the purpose of retaliating against any

16 current or former employee or applicant of Defendants and/or any successors, or

17 either of them, because he or she has in the past, or during the term of this Decree:

18

1. Opposed any practice made unlawful under Title VI1 or the

19

ADEA;

20

2. Filed a charge of discrimination alleging such practice;

21

3. Testified or participated in any manner in any investigation

22

(including without limitation, any internal investigatiop

23

undertaken by any of the Defendants andor their successors) or

24

proceeding in connection with this case and/or relating to any

25

claim of a violation of Title VI1 or the ADEA;

26

4. Was identified as a possible witness or claimant in the Action;

27

5. Asserted any rights under the Decree; or

28

-7-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 8 of 19

1

6. Sought and/or received any relief in accordance with the

2

Decree.

3

X.

4

SPECIFIC INJUNCTIVE RELIEF

5

A. Revision of Policies and Procedures

6

Defendants shall review, implement, revise (as necessary), distribute, and

7 post its policies and procedures against discrimination on the basis of national

8 xigin, age or sex (including pregnancy), and retaliation as prohibited by Title VI1

9 md the ADEA (the “Policy”). The Policy shall include:

10

1. A clear explanation of prohibited conduct;

11

2. Assurance that employees who, in good faith, make complaints

12

of discrimination or provide information related to such

13

complaints are protected against retaliation; and

14

3. Assurance those Defendants will take prompt and appropriate

15

corrective action when they determine that discrimination

16

andor retaliation has occurred.

17

Within thrty (30) days of the Effective Date of this Decree, Defendants shal

18 x-ovideto the EEOC a copy of their Policy.

19

B. Posting/Distribution of the Policy

20

Within forty-five (45) days of the Effective Date, Defendants shall ensure

21 hat they have distributed their Policy to each employee, including any

22 nanagement employee. The Policy distributed shall be provided in the primary

23 anguage of the employee or manager receiving it. For each new employee and

24 nanager hired after the distribution described above, each of the Defendants shall

25 :nsure that the new employee or manager received the Policy within thirty (30)

26 lays of employment.

27

28

-8-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 9 of 19

1

Within forty-five (45) days of the Effective Date, Defendants shall ensure

2 that it has posted the Policy, in legible font, translated into English, Tagalong,

3 Chinese and Korean, in a place both conspicuous and accessible to all employees.

4

Within forty-five (45) days of the Effective Date, Defendants shall submit tc

5 the Commission a statement confirming distribution and posting of the Policy.

6

C. Posting of Notice of Consent Decree and Settlement

7

Within thirty (30) days of the Effective Date, Defendant shall ensure that it

8 has posted the Notice of Consent Decree and Settlement (the “Notice,” attached to

9 the Consent Decree as Attachment A), to the extent necessary, translated into

10 English, Tagalog, Chinese and Korean in legible font, in a conspicuous and

11 accessibleplace to all employees, including all management employees. Within

12 thirty (30) days of the Effective Date, Defendants shall submit to the Commission

13 a statement confirming posting of the Notice.

14

D. Equal Emplovment Opportunity Consultant

15

Within sixty (60) days after the Effective Date, Defendants shall retain an

16 Equal Employment Opportunity Consultant ((‘Consultant”)with demonstrated

17 experience in the area of employment discrimination issues, to monitor Defendants

18 and the Other Corporate Entities’ compliance with Title VII-including provisions

19 regarding retaliation and discrimination on the basis of national origin and sex

20 (pregnancy)-and the ADEA-including provisions regarding retaliation and

21 discrimination on the basis of age-and the provisions of this Decree.

22

The Consultant shall be subject to the Commission’s approval, which shall

23 not be unreasonably withheld. Defendants and the Other Corporate Entities shall

24 propose a Consultant to the Commission. Defendants and the Other Corporate

25 Entities will attempt to identify individuals located within Hawaii, Guam or the

26 Commonwealth of the Northern Mariana Islands as proposed consultants. If such

27 individuals are unavailable or if the Commission does not approve the proposed

28 consultant, the Commission shall provide Defendants and the Other Corporate

-9-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 10 of 19

1 Entities with a list of at least three (3) suggested candidates acceptable to the

2 Commission. Defendants shall bear all costs associated with the selection and

3 retention of the Consultant and the performance of his/her/its duties.

4

The Consultant’s monitoring responsibilities shall be for a period of eightee

5 (18) months. The Consultant shall:

6

1. Implement Defendants and the Other Corporate Entities’

7

procedures regarding handling complaints of discrimination an1

8

retaliation in compliance with their obIigations under this

9

Decree;

10

2. Help implement an anti-discrimination policy and reporting

11

procedure that will effectively carry out Defendants and the

12

Other Corporate Entities’ obligations under this Decree;

13

3. Ensure that Defendants and the Other Corporate Entities’

14

employees, including management employees, are trained on

15

their rights and responsibilitiesunder Title VI1 and the ADEA,

16

including but not limited to their responsibility to provide a

17

workplace free of retaliation and discrimination on the basis of

18

national origin, age, and sex (pregnancy), including in relation

19

to proper hiring and firing protocols under Title VI1 and the

20

ADEA.

21

4. Ensure that all individuals who have had or will have

22

management responsibilities over employees of Defendants or

23

the Other Corporate Entities-whether employed by

24

Defendants, the Other Corporate Entities, or another entity-ar~

25

trained on policies and procedures relating to retaliation and

26

discrimination on the basis of national origin, age, and sex

27

(including pregnancy);

28

-10-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 11 of 19

1

5 . Ensure that Defendants or the Other Corporate Entities are not

2

retaliating against employees or discriminating against them on

3

the basis of national origin, age or sex (including pregnancy),

4

by collecting, tracking and analyzing hiring and termination

5

data;

6

6 . Ensure the Defendants and the Other Corporate Entities

7

investigate all complaints of retaliation and discrimination on

8

the basis of national origin, age, and sex (including pregnancy)

9

in compliance with Title VII, the ADEA and the Policy;

10

7. Ensure that Defendants and the Other Corporate Entities

11

properly communicate with complainants regarding the

12

complaint procedure, status of the complaint investigation,

13

results of the investigation, and any appropriate remedial action

14

taken;

15

8. Ensure that Defendants and the Other Corporate Entities’

16

reports required by this Decree are accurately compiled and

17

timely submitted;

18

9. Ensure that Defendants and the Other Corporate Entities’

19

policies hold all employees, including management employees,

20

accountable for engaging in conduct prohibited under this

21

Decree or the Policy;

22

10. Ensure that Defendants and the Other Corporate Entities create

23

a centralized system of tracking discrimination and retaliation

24

complaints; and

25

11. Prepare a brief annual report on progress made by Defendants

26

and the Other Corporate Entities and their compliance under

27

this Decree.

28

-1 1-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 12 of 19

1

Thirty (30) days prior to any training required under this Decree, the

2 Consultant will mail by regular mail to the Commission:

3

1. Proposed discrimination and retaliation training materials;

4

2. The dates, times and locations of each of the training sessions;

5

and

6

3. The identity of the person@)and/or organization@)conducting

7

the training programs.

8

Within sixty (60) days of the Effective Date of this Decree, the Cortsultant

9 shall submit to the Commission a report which contains:

10

1. A statement confirming that the required Notice of Terns of thc

11

Decree has been posted;

12

2. Copies of the revised Policy;

13

3. Copies of all employee acknowledgment forms indicating

14

receipt of the revised Policy;

15

4. A statement confirming the establishment of a confidential

16

complaint mechanism to the Consultant for receiving

17

complaints against company owner(s) or other high

18

management officials;

19

5. A statement confirming the implementation of all specific

20

injunctive relief required by this Decree;

21

6. A statement summarizing the results of the analysis of hiring

22

and termination data and confirming that there exists no reason

23

to believe that Defendants or the Other Corporate Entities are

24

retaliating against employees or discriminating against them on

25

the basis of national origin, age or sex (including pregnancy).

26

7. Copies of the all the Consultant’s investigativereports and

27

proposed resolutions in response to discrimination complaints;

28

and

-12-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 13 of 19

1

8. A statement confirming that Defendants and the Other

2

Corporate Entities complied with the consultant’sproposed

3

resolutions of all discrimination complaints.

4

E. Training

5

Within ninety (90) days after the Effective Date or sixty (60) days after

6 hiring an Equal Employment Opportunity Consultant (“Consultant”), whichever is

7 later, all employees of Defendants or the Other Corporate Entities-including, but

8 not limited to, all individuals who have had or will have management or human

9 resources responsibilities over any employee of Defendants or the Other Corporate

10 Entities, regardless of employer-shall be required to attend a training program of

11 at least three (3) hours duration. Additionally, all employees of Defendants or the

12 Other Corporate Entities-including, but not limited to, all individuals who have

13 had or will have management or human resources responsibilities over any

14 employee of Defendants or the Other Corporate Entities, regardless of employer-

15 shall be required to attend trainings of at least three (3) hours duration once every

16 year for the term of this Decree. Any employee who failed to attend such

17 scheduled training shall be trained within (60) days of the training set forth above.

18 For the remainder of the tern of this Decree, all new employees shall receive

19 training, as appropriate, within sixty (60) days of hire or promotion.

20

For all employees, the training shall include coverage of the subjects of

21 equal employment opportunity rights and responsibilities regarding discrimination

22 on the basis of national origin, sex (including pregnancy) under Title VII, and age

23 under the ADEA, as well as retaliation under both Title VI1 and the ADEA, and

24 Defendant’s policies and procedures for reporting and handling complaints of

25 discrimination and retaliation. Additionally, for all individuals who have had or

26 will have management or human resources responsibilities over any employee of

27 Defendants or the Other Corporate Entities-whether those individuals are

28 employed by Defendants, the Other Corporate Entities, or another entity--the

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Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 14 of 19

1 training shall include how to properly handle and investigate complaints of

2 discrimination in a neutral manner, how to take preventive and corrective measure!

3 against discrimination and retaliation, and how to recognize and prevent

4 discrimination and retaliation. Any training pursuant to this Decree shall be live.

5 All employees and managers required to attend any training pursuant to this

6 Decree shall veri@ their annual attendance in writing.

7

Within sixty (60) days after the Effective Date or thirty (30) days after hirini

8 the Consultant, whichever is later, Defendants and the Other Corporate Entities

9 shall submit to the EEOC a description of the training to be provided and an

10 outline of the curriculum developed for the trainees. Defendants and the Other

11 Corporate Entities shall give the EEOC a minimum of twenty (20) business days’

12 advance written notice of the date, time and location of each training program

13 provided pursuant to this Decree, and agree that an EEOC representative may

14 attend any such training program.

15

Defendants and the Other Corporate Entities’ owner@)shall appear in

16 person at any training session required under this Decree to reiterate their policies

17 regarding discrimination on the basis of national origin, age and sex (including

18 pregnancy), to reiterate their policies regarding retaliation’ to affirm that unlawfbl

19 discrimination and harassment shall not be tolerated, and to encourage employees

20 who believe that they have been victims of such discrimination or harassment to

21 utilize the complaint procedure.

22

All trainings under this Decree shall be mandatory. All persons required to

23 attend any training under this Decree shall verify their attendance in writing.

24 Within ten (10) days of the additional training, each of the Defendants and the

25 3ther Corporate Entities, and/or any successors shall submit to the Commission a

26 statement describing the training provided and the materials used in the training.

27 Y l

28 ‘I/

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Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 15 of 19

1

F. Record-Keeping Requirements

2

Defendants and the Other Corporate Entities s,,all maintain the lowing

3 documents and make them available to the Commission within ten (10) business

4 days following a written request from the Commission:

5

1. All documents generated in connection with any complaint,

6

investigation into, or resolution of every discrimination or

7

retaliation complaint for the duration of the Decree;

8

2. All forms acknowledging employees’ receipt of Defendants or

9

the Other Corporate Entities’ revised or modified anti-,

10

discrimination and retaliation policies;

11

3. A list of all attendees to training sessions required under this

12

Decree;

13

4. All documents generated in connection with the monitoring a n d

14

counseling of employees determined to have engaged in

15

behavior in violation of Defendant’s discriminationand

16

retaliation policies;

17

5. All documents generated in connection with confidential

18

inquiries into whether any complainant believes he/she has

19

been retaliated against;

20

6. All documents relating to any hiring or termination by

21

Defendants or the Other Corporate Entities; and

22

7. All documents relating to any employees who become pregnant

23

during their employment with Defendants or the Other

24

Corporate Entities.

25

G. Reuorting Requirements

26

Within one hundred twenty (120) days of the EffectiveDate of the Decree,

27 ind every six (6) months thereafter for the duration of the Decree, Defendants and

28

-15-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 16 of 19

1 the Other Corporate Entities will provide the Commission a report containing the

2 following information:

3

1. The attendance lists of all attendees for all training sessions

4

required under this Decree that took place within the six (6)

5

months prior to the report;

6

2. Acknowledgment of receipt of the anti-

7

discriminatiodretaliation policies for all employees hired

8

within the preceding six (6) months period;

9

3. Copies of all discrimination and retaliation complaints,

10

investigativereports and proposed resolutions made since the

11

submission of the immediately preceding report hereunder;

12

4. A statement of the result of each investigation into the

13

complaint, including the name of the employee, the name of the

14

accused individual, a summary of the allegations, a summary of

15

the actions taken by the company, and a summary of any

16

resolution of the complaint raised by the employee. If no

17

resolution has been reached at the time of the report, the

18

resolution shall be included in the subsequent report;

19

5. The identities (by name, address and teIephone number) of the

20

complainant and person who received the complaint;

21

6. Copies of the confidential inquiries into potential retaliation

22

issued within the six ( 6 )months prior to the report;

23

7. A report to identify all newly hired or separated employees,

24

including the employee’s national origin, race, date of birth,

25

gender, date of hire, job title and duties, date of termination or

26

other separation of employment, reasons for termination or

27

other separation of employment, the identity of the decision

28

maker for any termination or separation decision, and the

-16-

Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 17 of 19

1

positions open at the time of hire includingjob description and

2

location.

3

H. Access Requirements

4

The Commission, upon reasonable notice, shall have the right to enter and

5 inspect Defendants’ premises to insure compliance with this Decree and Title VII’,

6 prohibitions against discrimination and retaliation.

7

I. Notification of Closure

8

If Defendants, the Other Corporate Entities, and/or any successors have

9 ceased all business operations within the CNMI or any insular area or state of

10 United States of America before the expiration of this Decree, they will notifl the

11 Commission and provide proof of such closure. Defendants and the Other

12 Corporate Entities understand that their obligations under the Decree continue for

13 the full five-year term of the Decree, regardless of whether any party eventually

14 ceases operations. If, during the term of the Consent Decree, Defendants or the

15 Other Corporate Entities form another business entity in Saipan or any insular area

16 or state of the United States, they shall notifLthe EEOC in writing within ten (10)

17 days of the initiation of operations.

18

XI.

19

COSTS OF ADMINISTRATION AND IMPLEMENTATION

20

OF’CONSENT DECREE

21

Each party shall bear its own costs associated with its administration and

22 implementation of its obligations under the Decree.

23

XII.

24

COSTS AND ATTORNEYS’ FEES

25

Each party shall bear its own costs of suit and attorneys’ fees.

26 /I/

27 I l l

28 I//

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Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 18 of 19

1

XIII.

2

MISCELLANEOUS PROVISIONS

3

A. During the term of the Decree, Defendants and the Other Corporate

4 Entities shall provide any potential successor-in-interest with a copy of the Decree

5 within a reasonable time of not less than thirty (30) days prior to the execution of

6 my agreement for acquisition or assumption of control of any or all of Defendants

7 facilities with the intent to use them for the manufacture of garments in the CNMI

8 3r other US. jurisdiction, or any other material change in corporate structure, and

9 shall simultaneouslyinform the EEOC of the same.

10

B. During the term of this Consent Decree, Defendants, the Other

11 Corporate Entities, and/or any successors shall assure that each of its officers,

12 managers and supervisorsis aware of any tem(s) of this Decree which may be

13 related to hisher job duties.

14

C. Unless otherwise stated, all notices, reports and correspondence

15 required under this Decree shall be delivered to the attention of:

16

1. Anna Y. Park, Regional Attorney, U.S. Equal Employment

17

Opportunity Comission, 255 East Temple Street, 4th Floor,

18

Los Angeles, CA, 90012; facsimile number (213) 894-1301;

19

and

20

2. Steven P. Pixley, General Counsel, Tan Holdings, Inc., Third

21

Floor, TSL Plaza, P.O. Box 7757 SVRB, Saipan, MP 06950,

22

facsimile number: (670) 233-4716.

23 ‘//

24 Y/

25 ‘//

26 Y/

27 I / /

28 ‘I1

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Case 1:06-cv-00031 Document 101 Filed 07/28/09 Page 19 of 19

1

D, The Parties agree to entry of this Decree and Judgment subject to final

2 approval by the Court.

3

All Parties, through the undersigned, respectfblly apply for and consent to

4 the entry of this Consent Decree Order.
5

Respectfully submitted,

6

UQ.PSP.OEaTUuANLIETMyPCLoOmYMsEsNroTN

7

Anna Y. Park

8

9

10

12 13 14 15

Y
6intiff EEOC even P. Pixley

16

General Counsel
lv Attorney for Defendants

17

Attorney for Other CorporateEntities

18

19

RDER

20

GOOD CAUSE having been shown, the provisions of the foregoing Consen

21 Decree are hereby approved as being fair and serving the public interest

22 Compliance with all provisions thereof is HEREBY ORDERED, ADJUDGEI:

23 AND DECREED.
24 IT IS SO ORDERED.
25

26
Date:
27
28

? O2 e- ? __

4 GR * d -
The Honorableklex R. Munson United States District Court Judge

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 Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 1 of 10

U.S. District Court Northern Mariana Islands (NMI) CIVIL DOCKET FOR CASE #: 1:06−cv−00031

CLOSED

U.S. Equal Employment Opportunity Commission v. L & T International Corporation et al Assigned to: Alex R. Munson Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 09/28/2006 Date Terminated: 07/28/2009 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

U.S. Equal Employment Opportunity Commission

represented by Anna Y. Park U.S. Equal Employment Opportunity Commission Los Angeles District Office 255 E. Temple Street, 4th Floor Los Angeles, CA 90012 (213) 894−1080 Fax: (213) 894−1301 Email: Anna.Park@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory L. McClinton U.S. Equal Employment Opportunity Commission P.O. Box 50082 Honolulu, HI 96850 (808) 541−3120 Fax: (808) 541−3390 Email: gregory.mcclinton@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wilfredo Tungol EEOC Honolulu Local Office Prince Kuhio Federal Building #7−127 300 Ala Moana Boulevard Honolulu, HI 94850−0051 808−541−3121 Fax: 808−541−3390 Email: wilfredo.tungol@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas S. Lepak U.S. Equal Employment Opportunity Commission 255 East Temple Street Fourth Floor Los Angeles, CA 90012 (213) 894−1032 Fax: (213) 894−1301 Email: thomas.lepak@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant L & T International Corporation

represented by Steven P Pixley 2nd Floor, CIC Centre, Beach Rd.,

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 2 of 10

Garapan P.O. Box 7757 SVRB Saipan, MP 96950 (670) 233−2898/5175 Fax: (670) 233−4716 Email: sppixley@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Colin M. Thompson The Law Offices of Colin M. Thompson 2nd Floor, J.E. Tenorio Bldg. PMB 917 Box 10001 Saipan, MP 96950 (670) 233−0777 Fax: (670) 233−0776 Email: cmtlaw@live.com ATTORNEY TO BE NOTICED

Defendant L & T Group of Companies, Ltd.

represented by Steven P Pixley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Colin M. Thompson (See above for address) ATTORNEY TO BE NOTICED

Defendant Does 1 − 10

represented by Steven P Pixley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Tan Holdings Corporation

represented by Steven P Pixley (See above for address) ATTORNEY TO BE NOTICED

Defendant Tan Holdings Overseas Incorporated

represented by Steven P Pixley (See above for address) ATTORNEY TO BE NOTICED

Defendant
Concorde Garment Manufacturing Corporation

Defendant Micro Pacific, Inc.

Defendant Seasonal Incorporated

Date Filed 09/28/2006

# Docket Text
1 COMPLAINT − Civil Rights Employment Discrimination (42 U.S.C. §§ 2000e, et seq.) Jury Trial Demand against L & T International Corporation, L & T Group of Companies, Ltd., Does 1 − 10, filed by U.S. Equal Employment Opportunity

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 3 of 10

09/28/2006 12/20/2006 12/20/2006 01/17/2007 01/18/2007 03/12/2007 03/13/2007
06/09/2007 06/11/2007 06/11/2007 06/25/2007 08/17/2007
08/30/2007 08/31/2007 08/31/2007

Commission. (TPM) (Entered: 09/28/2006)
Summons Issued as to L & T International Corporation; L & T Group of Companies, Ltd. (TPM) (Entered: 09/28/2006)
2 WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. L & T International Corporation waiver sent on 11/22/2006, answer due 1/22/2007. (Tungol, Wilfredo) (Entered: 12/20/2006)
3 WAIVER OF SERVICE Returned Executed by U.S. Equal Employment Opportunity Commission. L & T Group of Companies, Ltd. waiver sent on 11/22/2006, answer due 1/22/2007. (Tungol, Wilfredo) (Entered: 12/20/2006)
4 ANSWER to Complaint and Demand for Jury Trial by L & T International Corporation, L & T Group of Companies, Ltd.. Related document: 1 Complaint, filed by U.S. Equal Employment Opportunity Commission,.(Thompson, Colin) (Entered: 01/17/2007)
5 ORDER Case Management Conference set for 3/13/2007 09:30 AM in Chambers before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 1/18/07. (FMC) (Entered: 01/18/2007)
6 CASE Management Conference Statement (Joint) by L & T International Corporation, L & T Group of Companies, Ltd.. (Thompson, Colin) (Entered: 03/12/2007)
7 Joint Case Management Statement and SCHEDULING ORDER: Discovery Request due by 2/15/2008. Preliminary Pretrial Conference set for 2/8/2008 09:00 AM in Chambers before U.S. District Judge Alex R. Munson. Pretrial Order due by 2/15/2008. Final Pretrial Conference set for 2/25/2008 09:00 AM in Chambers before U.S. District Judge Alex R. Munson. Jury Trial set for 3/4/2008 09:00 AM in Courtroom before U.S. District Judge Alex R. Munson.Signed by Judge Alex R. Munson on 03/13/07. (ACH) (Entered: 03/13/2007)
8 MOTION to Amend/Correct the Complaint filed by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 06/09/2007)
9 ORDER Granting 8 Stipulated Motion to Amend Complaint. Signed by Judge Alex R. Munson on 06/11/07. (ACH) (Entered: 06/11/2007)
10 FIRST AMENDED COMPLAINT − Civil Rights Employment Discrimination (42 §§ 2000e, et seq.) against L & T International Corporation, L & T Group of Companies, Ltd., and Does 1 − 10 with Jury Demand, filed by U.S. Equal Employment Opportunity Commission. (TPM) (Entered: 06/21/2007)
11 ANSWER to Amended Complaint with Jury Demand by L & T International Corporation, L & T Group of Companies, Ltd.. Related document: 10 Amended Complaint, filed by U.S. Equal Employment Opportunity Commission,.(Thompson, Colin) (Entered: 06/25/2007)
12 MOTION to Amend/Correct the Complaint, Memorandum of Points and Authorities, Declaration of Thomas S. Lepak, and Exhibit filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Copy 1 of Second Amended Complaint# 3 Copy 2 of Second Amended Complaint)(Park, Anna) (Entered: 08/17/2007)
Set Hearing: re 12 MOTION to Amend/Correct the Complaint, Memorandum of Points and Authorities, Declaration of Thomas S. Lepak, and Exhibit − Motion Hearing set for 9/20/2007 09:00 AM in Courtroom before U.S. District Judge Alex R. Munson. (ACH) (Entered: 08/30/2007)
13 MOTION for Order Requesting Telephonic Participation by EEOC Counsel, Gregory L. McClinton and Thomas S. Lepak filed by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 08/31/2007)
14 ORDER Granting 13 Motion Requesting Telephonic Participation by EEOC Counsel, Gregory L. McClinton and Thomas S. Lepak. Signed by Judge Alex R. Munson on 8/31/2007. (TPM) (Entered: 08/31/2007)

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 4 of 10

09/13/2007 09/13/2007 09/18/2007 09/26/2007
11/19/2007
11/19/2007 12/04/2007 02/22/2008 03/18/2008 03/19/2008 04/17/2008 04/17/2008 04/17/2008
04/17/2008 04/17/2008 04/17/2008

15 STATEMENT filed by all defendants Statement of No Opposition to Motion to Amend Complaint. (Pixley, Steven) (Entered: 09/13/2007)
16 ORDER Granting 12 Second Motion to Amend. Signed by Judge Alex R. Munson on 9/13/07. (ACH) (Entered: 09/13/2007)
17 STIPULATION Joint Stipulation to Amend Case Management Conference Scheduling Order−First Request and [Proposed] Order Thereon by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 09/18/2007)
18 ORDER re 17 Joint Stipulation to Amend Case Management Conference Scheduling Order−First Request − Final Pretrial Conference set for 7/23/2008 09:00 AM in Chambers before U.S. District Judge Alex R. Munson. Jury Trial set for 8/4/2008 09:00 AM in Courtroom before U.S. District Judge Alex R. Munson. Signed by Judge Alex R. Munson on 9/26/07. (ACH) (Entered: 09/26/2007)
19 Answer to Second Amended Complaint and Demand for Jury Trial ANSWER to Complaint with Jury Demand by Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc. and Seasonal Incorporated by all defendants. Related document: 1 Complaint, filed by U.S. Equal Employment Opportunity Commission,, 10 Amended Complaint, filed by U.S. Equal Employment Opportunity Commission,.(Pixley, Steven) (Entered: 11/19/2007)
20 AMENDED ANSWER to Answer to Second Amended Cpmplaint and Demand for Jury Trial by L & T International Corporation, L & T Group of Companies, Ltd.. (Thompson, Colin) (Entered: 11/19/2007)
21 ORDER Rescheduling Preliminary Pretrial Conference. Preliminary Pretrial Conference Rescheduled from 2/8/2008 to 2/22/2008 10:30 AM in Chambers before U.S. District Judge Alex R. Munson. Signed by U.S. District Judge Alex R. Munson on 12/4/07. (TPM) (Entered: 12/04/2007)
22 ORDER Sanctioning EEOC Counsel for Failure to Appear. Signed by Chief Judge Alex R. Munson on 2/22/08. (ACH) (Entered: 02/22/2008)
23 NOTICE of Lodging of Proposed Order Vacating Sanctions Against Plaintiff EEOC by U.S. Equal Employment Opportunity Commission. (TVW) (Entered: 03/19/2008)
24 ORDER Vacating Sanctions Against Plaintiff EEOC.Signed by Chief Judge Alex R. Munson on 03/19/2008. (TVW) (Entered: 03/19/2008)
25 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion for Summary Judgment. Steven Pixley appearing for Defendants Tan Holdings Corporation and Tan Holdings Overseas Incorporated (Pixley, Steven). Modified on 4/18/2008 (TPM) (Entered: 04/17/2008)
26 NOTE TO FILE: Document 26 − Motion for Summary Judgment filed by Steven Pixley deleted due to duplicate entry as to Document 25 on 4/17/2008. (TPM) (Entered: 04/17/2008)
27 MOTION for Summary Judgment Colin M. Thompson appearing for Defendants L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated (Thompson, Colin) (Entered: 04/17/2008)
28 NOTICE by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated (Thompson, Colin) (Entered: 04/17/2008)
29 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Joaquin Torres Declaration. (Thompson, Colin) (Entered: 04/17/2008)
30 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated,

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 5 of 10

04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008 04/17/2008

Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Colin Thompson Declaration. (Thompson, Colin) (Entered: 04/17/2008)
31 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "A" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
32 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "B" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
33 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "C"for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
34 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "D" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
35 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "E" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
36 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "F" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
37 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "G" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
38 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "H" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
39 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "I" for CMT decl. (Thompson, Colin) (Entered: 04/17/2008)
40 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "J" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
41 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "K" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
42 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "L" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
43 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "M" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 6 of 10

04/17/2008 04/17/2008 04/17/2008 04/22/2008 04/23/2008 04/23/2008 05/01/2008 05/02/2008 05/06/2008 05/08/2008 05/08/2008
05/08/2008
05/08/2008

44 DECLARATION filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated Exhibit "N" for CMT Decl. (Thompson, Colin) (Entered: 04/17/2008)
Set Motion Hearing as to 27 Motion for Summary Judgment. Motion Hearing set for 5/15/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson. (TPM) (Entered: 04/22/2008)
Set Hearing as to 25 MOTION for Summary Judgment. Motion Hearing set for 5/15/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson. (TPM) (Entered: 04/29/2008)
45 STIPULATION Joint Stipulation to Extend Time − Second Request and [Proposed] Order Thereon by L & T International Corporation. (Pixley, Steven) (Entered: 04/22/2008)
46 ORDER 45 Joint Stipulation to Extend Time − Second Request filed by L & T International Corporation. Signed by Chief Judge Alex R. Munson on 04/23/2008. (TVW) (Entered: 04/23/2008)
Set Hearings: 46 Motion Hearing set for 5/22/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson. (TVW) (Entered: 04/23/2008)
47 MOTION for Order re Set/Reset Hearings Request for Telephonic Appearance by EEOC Counsel Gregory McClinton Anna Y. Park appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Park, Anna) (Entered: 05/01/2008)
48 ORDER re Telephonic Participation, re 47 Motion for Order. Signed by Chief Judge Alex R. Munson on 05/02/08. (ACH) (Entered: 05/02/2008)
49 ORDER Rescheduling Pretrial Conference and Trial Dates. (Pretrial Conference set for 7/22/2008 09:30 AM in Courtroom before Chief Judge Alex R. Munson., Jury Trial set for 8/25/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson.)Signed by Chief Judge Alex R. Munson on 05/06/2008. (TVW) (Entered: 05/06/2008)
50 OPPOSITION to Motion re 25 MOTION for Summary Judgment Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants Tan Holdings Corp. and Tan Holdings Overseas, Inc.'s Motion for Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Certificate of Service) (Park, Anna) (Entered: 05/08/2008)
51 DECLARATION in Support re 25 MOTION for Summary Judgment Declaration of Thomas S. Lepak, and Exhibits in Support of Plaintiff's Memorandum of Points and Authorities in Opposition to Defendants Tan Holdings Corp. and Tan Holdings Overseas Inc.'s Motion for Summary Judgment filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Document Exhibits Set 1 − Exhibits 1−7, # 2 Exhibit Document Exhibits Set 2 − Exhibits 8−9, # 3 Exhibit Document Exhibits Set 3 − Exhibits 10−15, # 4 Exhibit Deposition Exhibits − Exhibits 16−20, # 5 Supplement Certificate of Service) (Park, Anna) (Entered: 05/08/2008)
52 DECLARATION in Support re 27 MOTION for Summary Judgment Declaration of Plaintiff EEOC's Attorney Gregory L. McClinton Re: Exhibits in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment on All Claims; Exhibits filed by U.S. Equal Employment Opportunity Commission. (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 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Supplement Proof of Service) (Park, Anna) (Entered: 05/08/2008)
53 OPPOSITION to Motion re 27 MOTION for Summary Judgment Memorandum of Points & Authorities in Opposition to Defendants' Motion for Summary Judgment on

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 7 of 10

05/15/2008
05/15/2008 05/16/2008
05/19/2008 05/22/2008 05/22/2008 05/26/2008 05/27/2008 05/27/2008 06/02/2008 06/05/2008
06/05/2008 06/05/2008 06/24/2008 06/24/2008

All Claims filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service) (Park, Anna) (Entered: 05/08/2008)
54 STIPULATION Joint Stipulation to Extend Time−Second Request and Proposed Order by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated. (Thompson, Colin) (Entered: 05/15/2008)
55 Joint Stipulation to Extend Time − Second Request and ORDER − Motion Hearing set for 5/22/2008 is rescheduled to 5/29/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson. Signed by Chief Judge Alex R. Munson on 05/15/08. (ACH) (Entered: 05/15/2008)
56 STIPULATION Joint Stipulation to Extend Time−Third Request & Proposed Order by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated. (Thompson, Colin) (Entered: 05/16/2008)
57 JOINT Stipulation To Extend Time − Third Request and ORDER − Motion Hearing set for 5/29/2008 is rescheduled to 6/5/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson. Signed by Chief Judge Alex R. Munson on 05/19/2008. (TVW) (Entered: 05/19/2008)
58 RESPONSE in Opposition re 53 Opposition to Motion, Defendants' Reply to Plantiffs' Opposition to Motion for Summary Judgment filed by Tan Holdings Corporation, Tan Holdings Overseas Incorporated. (Pixley, Steven) (Entered: 05/22/2008)
59 REPLY to Response to Motion re 53 Opposition to Motion, for Summary Judgment filed by L & T International Corporation, L & T Group of Companies, Ltd., Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated. (Thompson, Colin) (Entered: 05/22/2008)
60 Ex Parte MOTION for Leave to File Sur−Reply Opposing Defendants' Reply in Support of Their Motion for Summary Judgment on Plaintiff's Claims Anna Y. Park appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Attachments: # 1 Certificate of Service) (Park, Anna) (Entered: 05/26/2008)
61 NOTICE of Transcript Completion. (TVW) (Entered: 05/27/2008)
62 ORDER Denying Plaintiff's Ex Parte 60 Application to File A Sur Reply. Signed by Chief Judge Alex R. Munson on 05/27/2008. (TVW) (Entered: 05/27/2008)
63 NOTICE Of Transcript Completion. (TVW) (Entered: 06/02/2008)
64 Minute Entry for proceedings held before Chief Judge Alex R. Munson: Motion Hearing held on 6/5/2008 re 27 MOTION for Summary Judgment filed by Seasonal Incorporated, Tan Holdings Overseas Incorporated, Micro Pacific, Inc., L & T International Corporation, Concorde Garment Manufacturing Corporation, Tan Holdings Corporation, and L & T Group of Companies, Ltd.. (Court Reporter SNS) (ACH) (Entered: 06/05/2008)
65 ORDER Denying Defendants THC's and Thoi's 25 Motion for Summary Judgment. Signed by Chief Judge Alex R. Munson on 06/05/2008. (TVW) (Entered: 06/05/2008)
66 ORDER Denying Defendants' 27 Motion for Summary Judgment. Signed by Chief Judge Alex R. Munson on 06/05/2008. (TVW) (Entered: 06/05/2008)
67 STIPULATION JOINT STIPULATION REGARDING CONTINUANCE OF TRIAL AND PRETRIAL DATES by U.S. Equal Employment Opportunity Commission. (Park, Anna) (Entered: 06/24/2008)
68 MOTION for Order re 67 Stipulation [PROPOSED] ORDER FOR CONTINUANCE OF TRIAL AND PRETRIAL DATES Anna Y. Park appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Park, Anna) Modified on 4/22/2009 (ACH). (Entered: 06/24/2008)

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 8 of 10

07/03/2008 07/08/2008 07/08/2008
07/22/2008 09/17/2008
09/18/2008
11/01/2008
11/03/2008 11/13/2008 11/13/2008 11/13/2008 11/17/2008 11/17/2008 12/11/2008

69 MOTION for Order REQUESTING FOR TELEPHONIC PARTICIPATION Anna Y. Park appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Park, Anna) Modified on 4/22/2009 (ACH). (Entered: 07/03/2008)
70 ORDER Setting Trial Date − Jury Trial set for 10/14/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson. Signed by Chief Judge Alex R. Munson on 07/08/08. (ACH) (Entered: 07/08/2008)
71 AMENDED ORDER Setting Trial Date, Pre−Trial Conference Date, and Taking July 22, 2008, Pre−Trial Conference Off−Calendar ( Pretrial Conference set for 9/19/2008 08:30 AM in Chambers before Chief Judge Alex R. Munson. Jury Trial set for 10/14/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson.). Signed by Chief Judge Alex R. Munson on 07/08/08. (ACH) (Entered: 07/08/2008)
72 ORDER Setting Settlement Conference set for 9/5/2008 10:00 AM in Courtroom before Chief Judge Alex R. Munson. Signed by Chief Judge Alex R. Munson on 07/22/2008. (TVW) (Entered: 07/22/2008)
73 STIPULATION Re. Continuance of Trial and Pre−Trial Dates (Joint) by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated. (Thompson, Colin) (Entered: 09/17/2008)
74 ORDER Approving Joint 73 Stipulation to Continue Pretrial Conference Date and Trial Date. Pretrial Conference set for 9/19/2008 is rescheduled to 3/2/2009 09:00 AM in Chambers before Chief Judge Alex R. Munson., Jury Trial set for 10/14/2008 is rescheduled to 3/23/2009 09:00 AM in Courtroom before Chief Judge Alex R. Munson. Signed by Chief Judge Alex R. Munson on 09/18/08. (ACH) (Entered: 09/18/2008)
75 MOTION for Leave to File PROPOSED THIRD AMENDED COMPLAINT TO STRIKE NON−EQUITABLE RELIEF AND TO STRIKE REQUEST FOR A JURY TRIAL Thomas S. Lepak appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Attachments: # 1 Supplement Memorandum of Points and Authorities, # 2 Affidavit Declaration of Thomas Lepak, # 3 Exhibit 1 (Second Amended Complaint), # 4 Exhibit 2 (Third Amended Complaint), # 5 Exhibit 3 (Third Amended Complaint), # 6 Supplement Certificate of Service) (Lepak, Thomas) (Entered: 11/01/2008)
Set Hearing: re 75 MOTION for Leave to File − Motion Hearing set for 12/4/2008 09:00 AM in Courtroom before Chief Judge Alex R. Munson. (ACH) (Entered: 11/03/2008)
76 MOTION Requesting for Telephonic Participation by U.S. EEOC Counsel, Thomas Lepak. (TPM) (Entered: 11/13/2008)
77 ORDER Approving EEOC Attorney Lepak's 76 Motion to Appear by Telephone at December 4, 2008, Hearing. Signed by Chief Judge Alex R. Munson on 11/13/08. (ACH) (Entered: 11/13/2008)
78 STATEMENT filed by all defendants Statement of No Opposition. (Pixley, Steven) (Entered: 11/13/2008)
79 ORDER Granting 75 Unopposed Motion to File Third Amended Complaint and Removing December 4, 2008, Hearing from Calender. Signed by Chief Judge Alex R. Munson on 11/17/2008. (TVW) (Entered: 11/17/2008)
80 Third AMENDED COMPLAINT − Civil Rights Employment Discrimination (42 U.S.C. §§ 2000e, et seq.) (ACH) (Entered: 12/02/2008)
81 ANSWER to Amended Complaint with Jury Demand by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated. Related document: 80 Amended Complaint filed by U.S. Equal Employment Opportunity Commission. (Thompson, Colin) (Entered: 12/11/2008)

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 9 of 10

12/20/2008 01/08/2009
01/14/2009 01/14/2009 01/22/2009 01/22/2009 01/22/2009 02/20/2009 02/23/2009 03/03/2009
03/03/2009 03/03/2009
03/04/2009 03/14/2009

82 MOTION for Order PLAINTIFF EEOCS NOTICE OF MOTION AND MOTION FOR A BENCH TRIAL AND REQUEST FOR SANCTIONS Thomas S. Lepak appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Attachments: # 1 Supplement Memorandum of Points and Authorities, # 2 Supplement Proof of Service) (Lepak, Thomas) (Entered: 12/20/2008)
83 OPPOSITION to Motion re 82 MOTION for Order PLAINTIFF EEOCS NOTICE OF MOTION AND MOTION FOR A BENCH TRIAL AND REQUEST FOR SANCTIONS filed by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated. (Thompson, Colin) (Entered: 01/08/2009)
84 REPLY to Response to Motion re 83 Opposition to Motion, 82 MOTION for Order PLAINTIFF EEOCS NOTICE OF MOTION AND MOTION FOR A BENCH TRIAL AND REQUEST FOR SANCTIONS filed by U.S. Equal Employment Opportunity Commission. (Lepak, Thomas) (Entered: 01/14/2009)
SetHearings: Motion for Bench Trial Hearing is set for 1/22/2009 09:00 AM in Courtroom before Chief Judge Alex R. Munson. (TVW) (Entered: 01/14/2009)
85 Minute Entry for proceedings held before Chief Judge Alex R. Munson: Motion for Bench Trial /Request for Sanctions Hearing held on 1/22/2009. (Court Reporter TPM) (TVW) (Entered: 01/22/2009)
86 ORDER Granting Plaintiff's 82 Motion for a Bench Trial. Signed by Chief Judge Alex R. Munson on 1/22/2009. (TVW) (Entered: 01/22/2009)
Set Hearings: re 86 Order Granting Plaintiff's Motion for a Bench Trial is set for 3/23/2009 09:00 AM in Courtroom before Chief Judge Alex R. Munson. (TVW) (Entered: 01/22/2009)
87 STIPULATION to Continue Pretrial Conference by L & T International Corporation, L & T Group of Companies, Ltd.. (Thompson, Colin) (Entered: 02/20/2009)
88 ORDER Approving 87 Stipulation to Change Pre−Trial Conference Date − Pretrial Conference set for 3/2/2009 is rescheduled to 3/4/2009 09:00 AM in Chambers before Chief Judge Alex R. Munson. Signed by Chief Judge Alex R. Munson on 2/23/09. (ACH) (Entered: 02/23/2009)
90 MOTION to Compel Production of Electronic Documents and for Sanctions Gregory L. McClinton appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Attachments: # 1 Appendix Memorandum of Points and Authorities, # 2 Affidavit Declaration of Gregory McClinton, # 3 Exhibit A − First Request, # 4 Exhibit B − First Response, # 5 Exhibit C − Second Request, # 6 Exhibit D − Second L&T Response, # 7 Exhibit E − Tan Response, # 8 Exhibit F − Letter, # 9 Affidavit Declaration of Thomas Lepak, # 10 Appendix Certificate of Service) (McClinton, Gregory) (Entered: 03/03/2009)
91 MOTION in Limine to Exclude Evidence of Irrelevant Immigration Status Gregory L. McClinton appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Attachments: # 1 Appendix Memorandum of Points and Authorities, # 2 Appendix Certificate of Service) (McClinton, Gregory) (Entered: 03/03/2009)
92 MOTION in Limine to Exclude Evidence of (1) Defendants' Financial Status, (2) Defendants' RIF Policy, and (3) the Ethnic/National Origin Makeup of Defendants' Employees Gregory L. McClinton appearing for Plaintiff U.S. Equal Employment Opportunity Commission (Attachments: # 1 Appendix Memorandum of Points and Authorities, # 2 Affidavit Declaration of Gregory McClinton, # 3 Exhibit 1 − 30(b)(6) Notice, # 4 Exhibit 2 − 30(b)(6) Dep. Transcript, # 5 Appendix Certificate of Service) (McClinton, Gregory) (Entered: 03/03/2009)
Minute Entry for proceedings held before Chief Judge Alex R. Munson: Final Pretrial Conference held on 3/4/2009. Gregory McClinton appeared for Plaintiff. Steven Pixley and Colin Thompson appeared for Defendants. (FMC) (Entered: 03/05/2009)
93 SETTLEMENT AGREEMENT /[Proposed] Order re: Settlement and Declaration of Mailing by U.S. Equal Employment Opportunity Commission. (McClinton, Gregory)

Case: 1:06-cv-31 Document #: <docnum> Filed: <datefiled> Page 10 of 10

03/19/2009 03/20/2009 03/20/2009 03/20/2009
03/21/2009
03/25/2009 07/25/2009 07/28/2009 07/28/2009

(Entered: 03/14/2009)
94 ORDER re 93 Settlement Agreement filed by U.S. Equal Employment Opportunity Commission. Signed by Chief Judge Alex R. Munson on 03/19/2009. (TVW) (Entered: 03/19/2009)
95 MEMORANDUM by U.S. Equal Employment Opportunity Commission in support of 94 Order Plaintiff's Memorandum Of Points And Authorities Regarding Defendants' Liability. (McClinton, Gregory) (Entered: 03/20/2009)
96 CONSENT by L & T International Corporation, L & T Group of Companies, Ltd., Tan Holdings Corporation, Tan Holdings Overseas Incorporated, Concorde Garment Manufacturing Corporation, Micro Pacific, Inc., Seasonal Incorporated re 94 Order Defendants' Memorandum on Issue of Which Defendant or Defendants Will Be Bound By The Consent Decree In This Case. (Thompson, Colin) (Entered: 03/20/2009)
97 DECLARATION filed by U.S. Equal Employment Opportunity Commission re 95 Memorandum. (Attachments: # 1 Exhibit Declaration of Counsel, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 1A, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9A, # 12 Exhibit Exhibit9B, # 13 Exhibit Exhibit 9C, # 14 Exhibit Exhibit 9D, # 15 Exhibit Exhibit 10A, # 16 Exhibit Exhibit 10B, # 17 Exhibit Exhibit 10C, # 18 Exhibit Exhibit 10D, # 19 Exhibit Exhibit 10E, # 20 Exhibit Exhibit 10F, # 21 Exhibit Exhibit 10G, # 22 Exhibit Exhibit 10H, # 23 Exhibit Exhibit 10I, # 24 Exhibit Exhibit 10J, # 25 Exhibit Exhibit 10K, # 26 Exhibit Exhibit 10L, # 27 Exhibit Exhibit 10M, # 28 Exhibit Exhibit 10N, # 29 Exhibit Exhibit 10P, # 30 Exhibit Exhibit 11, # 31 Exhibit Exhibit 12, # 32 Exhibit Exhibit 13, # 33 Exhibit Exhibit 14, # 34 Exhibit Exhibit 15, # 35 Exhibit Exhibit 16, # 36 Exhibit Exhibit 17, # 37 Exhibit Exhibit 18, # 38 Exhibit Exhibit 19, # 39 Exhibit Exhibit 20, # 40 Exhibit Exhibit 22, # 41 Exhibit Exhibit 23, # 42 Exhibit Exhibit 24, # 43 Exhibit Exhibit 25, # 44 Exhibit Exhibit 26, # 45 Exhibit Exhibit 27, # 46 Exhibit Exhibit 28, # 47 Exhibit Exhibit 29, # 48 Exhibit Exhibit 30, # 49 Exhibit Exhibit 31, # 50 Exhibit Exhibit 32, # 51 Exhibit Exhibit 33, # 52 Exhibit Exhibit 33, # 53 Exhibit Exhibit 35, # 54 Exhibit Exhibit 36, # 55 Exhibit Exhibit 37, # 56 Exhibit Exhibit 39, # 57 Exhibit Exhibit 40, # 58 Exhibit Exhibit 38, # 59 Exhibit Exhibit 41, # 60 Exhibit Exhibit 42, # 61 Exhibit Exhibit 43, # 62 Exhibit Exhibit 44, # 63 Exhibit Exhibit 45, # 64 Exhibit Exhibit 46, # 65 Exhibit Exhibit 47, # 66 Exhibit Exhibit 48, # 67 Exhibit Exhibit 49, # 68 Exhibit Exhibit 50, # 69 Exhibit Exhibit 51, # 70 Exhibit Exhibit 52, # 71 Exhibit Exhibit 53, # 72 Exhibit Exhibit 21A, # 73 Exhibit Exhibit 21B) (McClinton, Gregory) (Entered: 03/20/2009)
98 Exhibit List ERRATA RE: DECLARATION OF GREGORY L. McCLINTON RE: EXHIBITS IN SUPPORT OF PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN REGARDING DEFENDANT LIABILITY by U.S. Equal Employment Opportunity Commission.. (Attachments: # 1 Errata Exhibit 22, # 2 Errata Exhibit 23, # 3 Errata Exhibit 29, # 4 Errata Exhibit 33, # 5 Errata Exhibit 38, # 6 Errata Exhibit 39, # 7 Errata Exhibit 41, # 8 Errata Exhibit 43, # 9 Errata Exhibit 44, # 10 Errata Exhibit 49, # 11 Errata Exhibit 52, # 12 Errata Exhibit 53) (McClinton, Gregory) (Entered: 03/21/2009)
99 ORDER That L&T Group of Companies and Seasonal, Inc. are to be Defendants Bound by Consent Decree. Signed by Chief Judge Alex R. Munson on 03/25/09. (ACH) (Entered: 03/25/2009)
100 SETTLEMENT AGREEMENT [Proposed] Judgment And Consent Decree Between Plaintiff EEOC & Defendants by U.S. Equal Employment Opportunity Commission. (McClinton, Gregory) (Entered: 07/25/2009)
101 JUDGMENT and CONSENT DECREE Between Plaintiff EEOC and Defendants. (ACH) (Entered: 07/28/2009)
102 ORDER Closing File. Signed by Chief Judge Alex R. Munson on 07/28/09. (ACH) (Entered: 07/28/2009)