UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

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EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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EDEN PARK HEALTH SERVICES, INC. :

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Defendant.

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CIVIL ACTION NO.
COMPLAINT AND JURY TRIAL DEMAND

NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Kathleen Mary Verna and a class of similarly situated female employees (hereinafter “the class”) who were affected by such practices. As alleged with greater particularity in paragraph 7 below, Defendant, Eden Park Health Care Center (hereinafter “Defendant”), subjected a class of female employees to repeated sexual harassment and unlawful retaliation.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is

authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
2. Defendant regularly does business in the Northern District of New York and venue is proper in this district pursuant to 28 U.S.C. § 1391.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the “Commission”) is the agency of the United States of America charged with administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant has continuously been a New York corporation doing business in the State of New York, Schoharie County, and has continuously employed at least fifteen persons. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Kathleen Mary Verna filed charges with the Commission, on behalf of herself and similarly situated female employees, alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March of 2003, Defendant has engaged in unlawful employment practices at its facilities in Cobleskill, New York, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). These practices include, but are not limited to, the following: a. Defendant subjected a class of female employees, some of them teenagers, to abusive conduct including but not limited to: offensive propositioning and degrading comments regarding oral sex, masturbation, and their physical appearance. b. Defendant retaliated against employees who complained about the harassment. c. Although female employees complained about the harassment, Defendant made no efforts reasonably calculated to prevent or eradicate the continuing behavior and hostile work environment. 8. The effect of the practices complained of above has been to deprive a class of female employees equal employment opportunity, inflict emotional pain and suffering upon them, cause them to suffer financial losses and otherwise adversely
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affect them. 9. The unlawful employment practices complained of in
paragraph 7 above were intentional. 10. The unlawful employment practices complained of in
paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of the class, and are imputable to the Defendant.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with Defendant, from engaging in any employment practice which discriminates on the basis of sex.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal opportunities for employees to work in an environment free of unlawful discrimination and provide affirmative relief necessary to eradicate the effects of Defendant’s past and present unlawful employment practices.
C. Order Defendant to make the class whole by providing compensation for past and future pecuniary losses resulting from their unlawful treatment, including prejudgement interest, in amounts to be determined at trial.
D. Order Defendant to compensate the class for past and future nonpecuniary losses resulting from the unlawful employment
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practices described above, including but not limited to emotional pain, suffering and inconvenience in amounts to be determined at trial.
E. Order Defendant to pay the class punitive damages for its conduct described above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs in this action.
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JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of
fact raised by its complaint.
Respectfully submitted,
James L. Lee Deputy General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
______________________________ Elizabeth Grossman Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office Fed. Bar # 105554 33 Whitehall Street, 5th Floor, New York, New York 10004-2112 Tel.(212)336-3696 Fax.(212)336-3623 elizabeth.grossman@eeoc.gov
Arnold J. Lizana III Bar No. MA 646161 Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office John F. Kennedy Federal Building, Room 475 Boston, MA 02203-0506 Tel.(617) 565-3210 Fax.(617) 565-3196 alizana.lizana@eeoc.gov
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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served by U.S. Mail, postage prepaid, on this 29th day of September, 2005, to the following: Nicholas J. D’ambrosio, Jr. Bond,schoeneck & King, PLLC 111 Washington Ave Albany, New York 12210-221
_______________________________ Elizabeth Grossman Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office Fed. Bar # 105554 33 Whitehall Street, 5th Floor, New York, New York 10004-2112
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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK --------------------------------X EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Civil Action No. 05-CV-1234 GLSIDRH

-v-

EDEN PARK HEALTH SERVICES, INC.

Defendant.
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CONSENT DECREE

This cause of action was initiated on or about September 29,2005 by Plaintiff Equal

Employment Opportunity Commission (EEOC), an agency of the United States Government.

EEOC filed this action against Defendant, Eden Park Health Care Services, Inc. (Defendant),

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

of 1991 to correct unlawful employment practices on the basis of sex and retaliation, and to

provide appropriate relief to Charging Party Kathleen M. Vema (Charging Party) and a class of

similarly situated female employees who were adversely affected by such unlawful practices.

EEOC's Complaint alleged that Defendant unlawfully created and failed to remedy a hostile

work environment by subjecting Charging Parties and a class of other similarly situated female

employees to sexual harassment and unlawfully retaliated against them for opposing

discriminatory employment practices. Defendant denies those allegations.

The parties agree that it is in their mutual interest to fully resolve this matter without

further litigation.

The parties stipulate and consent to the entry of this Consent Decree as final and binding

between the parties and their successors or assigns.

The parties have agreed that this Decree may be entered without Findings of Fact and Conclusions of Law having been made and entered by the Court.
The parties stipulate that Appendix L to this Decree will be sealed. In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, it is agreed and IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWED:
General Provisions I. This Decree resolves all of the issues raised by EEOC Charge No. 165-200500790 and the complaint filed by EEOC in this action. This Decree in no way affects EEOC's right to process any other pending or future charges that may be filed against Defendant and to commence civil actions on any such charges as EEOC sees fit. 2. The Court has jurisdiction of the subject matter of this action and over the parties, venue is proper, and all administrative prerequisites have been met. 3. No party shall contest the validity ofthis Decree. 4. No party shall contest the jurisdiction of the United States District Court to enforce this Decree and its terms, or the right of EEOC to bring an enforcement suit upon the breach of any of the terms of this Decree by Defendant.
s. Breach of any term of this Decree should be deemed a substantive breach. EEOC
is authorized to seek compliance with the Decree in the United States District Court. 6. Defendant and its managers, officers, agents, successors and assigns are enjoined
from discriminating against any individual because ofthe individual's sex, and are enjoined from harassing any individual because of the individual's sex.

7. Defendant and its managers, officers, agents, successors and assigns are enjoined from retaliating against any individual for asserting her or his rights under Title VII, are enjoined from retaliating against any individual who files or has filed a charge, gives or has given testimony or given assistance with the investigation or litigation of these charges or action, or asserts or has asserted her rights under Title VII. Defendant and its managers, officers, agents, successors and assigns are enjoined from retaliating against any individual who engages in or has engaged in protected activity under Title VII, and are enjoined from retaliating against Charging Parties and Claimants.
Written Policies and Procedures 8. Within 15 days of the entry of this Decree, Defendant will implement and maintain the written policies and procedures prohibiting employment discrimination, including sex discrimination, sexual harassment and retaliation, attached as Appendix A. 9. Within 15 days of the entry ofthis Decree, Defendant will implement and maintain the complaint procedure for employees who believe that they have been discriminated against, harassed, or retaliated against, attached as Appendix B. 10. Within 15 days of the entry of this Decree, Defendant will establish and maintain a functioning, toll-free telephone number for reporting incidents of discrimination, harassment or retaliation. The telephone will be answered by human resources personnel who are trained to investigate claims of discrimination, harassment and retaliation. The telephone will be answered personally by trained human resources personnel from 8:00 a.m. to 4:00 p.m., Monday through Friday. During other hours, this telephone line will have an outgoing recorded message containing information about the complaint recording procedure and a listing of staffed hours, and will accept recorded messages and complaint.

II. Within IS days of the entry of this Decree, Defendant will implement and maintain procedures for the investigation and handling of reported allegations of or suspected incidents of discrimination, harassment or retaliation, together with a disciplinary policy for employees who engage in discriminatory, harassing or retaliatory behavior, annexed as Appendix C. Defendant may combine the nondiscrimination policy described in paragraph 8, the complaint procedure described in paragraph 9, and the disciplinary policy described in paragraph II above in one document.
12. Defendant will distribute a copy of the written policies and procedures described in paragraphs 8 and 9, and the disciplinary policy described in paragraph II above to all of its employees within IS days of the entry of this Decree, and shall distribute a copy of the written policies and procedures to all employees hired thereafter within five days of the commencement of their employment.
Notice and Posting 13. Within IS days of the entry of this Decree, Defendant will display and maintain the EEOC poster in each of its facilities in a place visually accessible to applicants and employees of the Defendant. 14. Within IS days of the entry of this Decree, Defendant will display and maintain in each of its facilities, in a place visually accessible to applicants and employees of the Defendant, a copy of the non-discrimination policy described in paragraph 8, the complaint procedure described in paragraph 9, the disciplinary policy for employees who engage in discriminatory, harassing or retaliatory behavior described in paragraph II. 15. Within IS days of the entry of this Decree, Defendant will display and maintain in each of its facilities, in a place visually accessible to applicants and employees of the Defendant,

a poster containing the toll-free number for reporting incidents of discrimination, harassment, or retaliation and describing how employees may use the number, attached as Appendix D.
16. Within 15 days of the entry of this Decree, Defendant will display and maintain in each of its facilities, in a place visually accessible to applicants and employees of the Defendant, a remedial Notice pursuant to this Decree, a copy of which is attached as Appendix E, printed on EEOC letterhead.
17. Within 15 days of execution of this decree, Defendant's Chief Executive Officer will send a memorandum to all employees emphasizing Defendant's commitment to abide by all federal laws prohibiting employment discrimination, including laws prohibiting sex discrimination and harassment, and retaliation, a copy of which is annexed as Appendix F.
Anti-Discrimination Training 18. Within two months from the entry of this Decree, and every twelve months thereafter for the duration of this Decree, Defendant will provide all of its employees at its Cobleskill facility with no fewer than two hours oftraining in federal laws prohibiting discrimination in employment.
a. The anti-discrimination training will be conducted under the direction of Charles J. Myers, Defendant's Human Resources Manager.
b. The content of the anti-discrimination training is set forth in Appendix G. c. Defendant will maintain attendance records identifying the name and job title ofthe attendees at each session. Within five days of the training, Defendant will forward to EEOC a copy of the attendance records from the training session.

19. Within two months of the entry of this Decree, Defendant will provide all of its new employees at its Cobleskill facility with training in federal laws prohibiting discrimination in employment.
a. The anti-discrimination training will be conducted within five days ofthe commencement of employment by a new employee.
b. The anti-discrimination training content is set forth in Appendix H. c. Defendant will maintain records identifying the name and job title of the employees receiving such training, the date of commencement of employment, and date of training. Every six months, for the duration of this Decree, Defendant will forward to EEOC a copy of the records regarding such training. 20. Within two months from the entry of this Decree,-Defendant will provide no fewer than two additional hours of training in federal laws prohibiting discrimination for all management and supervisory employees of Defendant at its Cobleskill facility, and one additional hour of such training every twelve months thereafter for the duration of this Decree. a. The content of the anti-discrimination training is set forth in Appendix I. b. Defendant will maintain attendance records identifying the name and job title ofthe attendees at each session. Within five days of the training, Defendant will forward to EEOC a copy of the attendance records from the training session. 21. Within two months from the entry of this Decree, Defendant will provide all of its new managers and supervisory personnel at its Cobleskill facility, within five days of the date such personnel are placed in a managerial or supervisory position, with anti-discrimination training. a. The content of the anti-discrimination training is set forth in Appendix J.

b. Defendant will maintain records identifying the name and job title of the employees receiving such training, the date of commencement of each such employee's managerial or supervisory position, and date of training. Every six months, for the duration of this Decree, Defendant will forward to EEOC a copy of the records regarding such training.
22. Defendant will make a permanent change to its regular employee and managerial training curriculum, to include notification of the content offederal anti-discrimination laws and Defendant's non-discrimination policy, complaint reporting procedure, disciplinary policy regarding discriminatory behavior, harassment, and retaliation, and the memorandum from Defendant's CEO described in paragraph 17.
Monetary Damages 23. Defendant shall pay a total of $250,000,00 damages to Charging Party and claimants as follows:
a. Defendant shall pay Charging Party, Kathleen M. Verna the total sum of $175,000.00 to be disbursed to the Charging Party upon execution of a separate agreement. The terms of the separate agreement shall be mutually agreed upon by Charging Party and Defendant before payment ofthe settlement sum.
b. Defendant shall establish an interest bearing account for a Claims Fund and shall deposit $75,000.00 into the account for the benefit of additional Claimants qualified for monetary relief. Any interest on the account shall become part of the Claims Fund. Defendant shall appoint a Fund Administrator, a Defendant employee, who shall administer the fund and make payments from the fund in accordance with the terms of this Consent Decree and at the instructions of EEOC. Appendix L.
24. Upon five days notice, EEOC may inspect the records of the Claims Fund.

25. EEOC will have sole discretion regarding the distribution of the Claims Fund. 26. Defendant shall pay all costs associated with distributing and administering the Fund and no costs shall be deducted from the fund. 27. For purposes of this Decree, Potential Claimants are defined as female employees of Defendant who worked for Defendant in its Cobleskill, New York facility from March 2002 up to the date of entry of this Decree. 28. Within ten days, Defendant will send all Potential Claimants a Notice of Settlement in the form attached as Appendix M, together with a Claim Form attached as Appendix N. The Claim Form will explicitly advise Potential Claimants of their responsibility to fully respond to each question in the Claim Form and to supply all of the requested information before the expiration of the deadlines set forth herein, and to keep EEOC advised of any change in name, address or telephone number, in order to preserve any rights they may have under the Decree. The deadline for returning the Claim Form will be prominently displayed at the top of the Claim Form. All Claim Forms submitted to EEOC must be postmarked by the 90th day from the date of entry of this Decree. 29. The Notice of Settlement and Claim Form shall be sent to all Potential Claimants at their last known address both by regular First Class U.S. mail and by certified mail, return receipt requested. A list of Potential Claimants, their address, telephone number and Social Security number shall be provided simultaneously to EEOC. Defendant will provide EEOC with mail tracking information. 30. Each Potential Claimant will be offered an opportunity to submit a claim to EEOC. Any Potential Claimant wishing to file a claim must submit to EEOC a completed Claim Form to the Boston Area Office of EEOC within 90 days of the date of entry of this Decree,

together with all relevant infonnation the Potential Claimant wishes to submit with her claim. EEOC, in its discretion, may request additional infonnation. If a Potential Claimant fails to provide EEOC with a completed Claim Fonn and all relevant infonnation the Potential Claimant wishes to submit with her claim by the deadline stated in this Decree, the Claim will be denied as untimely. If a Potential Claimant fails to timely provide other infonnation which may be requested by EEOC, EEOC in its sole discretion may deny the claim for failure to cooperate.
31. EEOC will review the Claims Fonns and other relevant infonnation timely received by EEOC in order to make a detennination ofthe distribution of the Claims Fund. EEOC shall make all detenninations as to eligibility for monetary relief which may include compensatory damages, back pay and/or front pay. EEOC will have sole discretion to deny any claims submitted to it. For purposes ofthis Consent Decree, an eligible Claimant is a person who EEOC has detennined is eligible for relief from the Claims Fund in this matter. EEOC shall divide the Claims Fund among eligible Claimants in amounts to be detennined by EEOC. EEOC retains sole discretion to detennine the amounts to be awarded from the Claims Fund. No person or party has a right to object to EEOC's detenninations.
32. Upon EEOC's detennination regarding the distribution of the Claims Fund, EEOC will notifY Defendant in writing via U.S. Mail of the eligible Claimants and the amounts to be paid to each eligible Claimant. EEOC will also furnish Defendant of any updated infonnation which has been received by EEOC from a Claimant regarding the Claimant's name, address, or telephone number. EEOC shall also fumish to Defendant a Release of Title VII rights, in the fonn attached as Appendix K, executed by each Claimant for whom payment is required. Within ten days of the date EEOC mails the notice and properly executed Release to Defendant regarding distribution of the Claims Fund, Defendant will issue and send checks to

the eligible Claimants in the amounts directed by EEOC, together with a notice to the eligible Claimant that the check must be cashed within 90 days of the date of the check, or the check will be void and the claim will be denied. Defendant will supply EEOC a copy of the checks and with mail tracking information. Defendant will pay all costs associated with mailing and distributing the funds.
33. If a Claimant has not cashed a check within 90 days after the date of the check, the check will be voided and the claim will be deemed denied.
34. On the I 20th day after the entry of this Decree, the Fund Administrator shall advise EEOC in writing of the amount of any funds remaining in the Claims Fund account, including any funds which remain because checks were not cashed, funds which couId not be distributed after dilil!ent efforts by Defendant to locate a Claimant, and interest which has accrued. EEOC shall then instruct Defendant in writing to issue a check for the remaining balance in the Claims Fund account to a 501(c) organization in New York selected by EEOC which promotes equal employment opportunities. Defendant shall issue a check to such organization with ten days of mailing of EEOC's instruction regarding final distribution of the funds to such organization, and will send EEOC a copy of the check and cover letter. The Claims Fund account may then be closed.
35. Defendant will provide EEOC with copies of transmittal letters and checks sent to Charging Parties and all Claimants within ten days of issuance.
36. Defendant will issue Forms 1099 to Charging Party and to eligible Claimants who have received funds from the Claims Fund.
Additional Monitoring Provisions

37. For the duration of this Decree, Defendant shall maintain records of all written or oral complaints or allegations of discrimination, harassment or retaliation made by any of its employees. Within three months of the entry ofthis Decree, and every six months thereafter, Defendant shall provide EEOC with a written report containing, at a minimum, a summary of each complaint, and for each such complaint: the name of the complaining party or party who was allegedly subjected to discrimination, harassment or retaliation, the name ofthe person(s) who allegedly engaged in such discriminatory, harassing or retaliatory conduct, the results of any investigation of the complaint or allegation, and any remedial action taken by Defendant. A final report shall be sent to EEOC 15 days before the date of the expiration of this Decree.
38. In addition to the monitoring provisions set forth elsewhere in this Decree, EEOC may monitor compliance during the duration of this Decree by inspection of Defendant's premises, records, and interviews with employees at reasonable times. Upon five days notice by the EEOC, Defendant will make available for inspection and copying any records requested by EEOC, facilities sought to be inspected by EEOC, and employees sought to be interviewed by EEOC.
39. All materials required by this Decree to be sent to EEOC shall be addressed to: Equal Employment Opportunity Commission Boston Area Office Legal Unit Attention: Arnold J. Lizana III, Trial Attorney John F. Kennedy Federal Building, Room 475 Boston, MA 02203-0506
Duration of Decree 40. This Decree will remain in effect for three years from the date of entry.

SO ORDERED, ADJUDGED AND DECREED this ~day of CXI<>'oeV-
2006.
H~~~·Skr-
United States District Judge

Dated:

New York, New York
IcJ/'Y ,2006

Elizabe O. Grossman Regiona Attorney

Dated:

For Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION John F. Kennedy Federal Building, Room 475 Boston, MA 02203-0506
~;Bj.. ~J~ .J<;af1eM.~mg, Esq:
For Defendant 111 Washington Avenue Albany, NY 12210·2280
Attorneys for Defendant

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CLOSED, MEDIATION
U.S. District Court Northern District of New York - Main Office (Syracuse) [LIVE - Version 3.0.3] (Albany)
CIVIL DOCKET FOR CASE #: 1:05-cv-01234-GLS-DRH

Equal Employment Opportunity Commission v. Eden Park Health Services, Inc. Assigned to: Judge Gary L. Sharpe Referred to: Magistrate Judge David R. Homer Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/29/2005 Date Terminated: 10/12/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Elizabeth Grossman Equal Employment Opportunity Commission - NY 33 Whitehall Street 5th Floor New York, NY 10004 212-336-3696 Fax: 212-336-3623 Email: elizabeth.grossman@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Eden Park Health Services, Inc.

represented by Nicholas J. D'Ambrosio, Jr. Bond, Schoeneck Law Firm - Albany 111 Washington Avenue Albany, NY 12210-2280 518-533-3000 Fax: 518-533-3299 Email: dambron@bsk.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2005 09/29/2005

#

Docket Text

1 COMPLAINT against Eden Park Health Services, Inc. filed by Equal Employment Opportunity Commission.(wbl, ) (Entered: 09/29/2005)
Summons Issued as to Eden Park Health Services, Inc.. (wbl, ) (Entered: 09/29/2005)

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09/29/2005 12/13/2005 12/13/2005 01/27/2006 02/07/2006 02/07/2006
05/11/2006 05/15/2006 05/24/2006 06/29/2006 07/05/2006 07/19/2006 07/20/2006 08/03/2006

2 G.O. 25 FILING ORDER ISSUED Initial Conference set for 2/7/2006 09:30 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 1/30/2006. (wbl, ) (Entered: 09/29/2005)
3 ANSWER to Complaint by Eden Park Health Services, Inc..(D'Ambrosio, Nicholas) (Entered: 12/13/2005)
4 CERTIFICATE OF SERVICE by Eden Park Health Services, Inc. re 3 Answer to Complaint (D'Ambrosio, Nicholas) (Entered: 12/13/2005)
5 CIVIL CASE MANAGEMENT PLAN by Eden Park Health Services, Inc.. (Curtin, Christopher) (Entered: 01/27/2006)
6 Minute Entry for proceedings held before Judge David R. Homer : Initial R16 Pretrial Conference held on 2/7/2006; dates set, UPSO to issue. (wjg, ) (Entered: 02/08/2006)
7 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days (jury trial; no date or location specified). Joinder of Parties due by 4/7/2006. Amended Pleadings due by 4/7/2006. Discovery due by 8/18/2006. Motions to be filed by 11/17/2006. Deadline for completion of mediation is 5/8/2006. Signed by Judge David R. Homer on 2/7/06. (wjg, ) (Entered: 02/08/2006)
8 STATUS REPORT by evaluator advising the case did not settle. (amt, ) (Entered: 05/12/2006)
9 STATUS REPORT LETTER. Pltf Status Report due by 5/30/2006. Signed by Judge David R. Homer on 5/15/06. (wjg, ) (Entered: 05/16/2006)
10 STATUS REPORT by Equal Employment Opportunity Commission. (Grossman, Elizabeth) (Entered: 05/24/2006)
11 Letter Motion from Nicholas J. D'Ambrosio, Jr. for Eden Park Health Services, Inc. requesting Extension of Discovery Deadline submitted to Judge David R. Homer. (D'Ambrosio, Nicholas) (Entered: 06/29/2006)
12 ORDER granting 11 Letter Request, Discovery due by 9/27/2006. Signed by Judge David R. Homer on 6/30/06. (wjg, ) (Entered: 07/05/2006)
13 STIPULATION AND ORDER OF CONFIDENTIALITY by Equal Employment Opportunity Commission submitted to Judge David R. Homer. (Lizana, Arnold) (Entered: 07/19/2006)
14 CONFIDENTIALITY STIPULATION & ORDER . Signed by Judge David R. Homer on 7/20/06. (wjg, ) (Entered: 07/20/2006)
15 Letter Motion from Nicholas J. D'Ambrosio, Jr. for Eden Park Health Services, Inc. requesting Court conference submitted to Judge David R. Homer. (Attachments: # 1 Exhibit(s) A -- Supplemental Notice# 2 Exhibit(s) B -Objections to Mental Exam# 3 Exhibit(s) C -- Schlunt case# 4 Exhibit(s) D -Juell case# 5 Exhibit(s) E -- Clark case# 6 Exhibit(s) F -- Dr. Altshuler's CV# 7 Exhibit(s) G -- Tademy case# 8 Exhibit(s) H -- Martinez case)(D'Ambrosio, Nicholas) (Entered: 08/03/2006)

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08/03/2006 08/03/2006 08/04/2006 09/08/2006 09/11/2006 09/13/2006 09/14/2006
10/12/2006

16 CERTIFICATE OF SERVICE by Eden Park Health Services, Inc. re 15 Letter Motion from Nicholas J. D'Ambrosio, Jr. for Eden Park Health Services, Inc. requesting Court conference submitted to Judge David R. Homer (D'Ambrosio, Nicholas) (Entered: 08/03/2006)
Set Hearings: Telephonic Discovery Hearing set for 8/4/2006 09:30 AM in Albany before Magistrate Judge David R. Homer to be initiated by defendant's counsel (av, ) (Entered: 08/03/2006)
17 ORDER that the objections of EEOC to the mental examination of Verna pursuant to FRCP 35 are overruled in all respects except that the request of EEOC that the interview portion of the examination be audiotaped is granted. Signed by Judge David R. Homer on 8/4/06. (wjg, ) (Entered: 08/04/2006)
18 ORDER. Settlement Conference set for 9/13/2006 02:00 PM in Albany before Magistrate Judge David R. Homer. Signed by Judge David R. Homer on 9/8/06. (wjg, ) (Entered: 09/11/2006)
19 Letter Motion from Nicholas J. D'Ambrosio, Jr. for Eden Park Health Services, Inc. requesting discovery conference submitted to Judge Homer. (D'Ambrosio, Nicholas) (Entered: 09/11/2006)
20 Letter Motion from Plaintiff for Equal Employment Opportunity Commission requesting In Response to Defendant's Letter Request submitted to Judge HOMER. (Grossman, Elizabeth) (Entered: 09/13/2006)
Minute Entry for proceedings held before Judge David R. Homer. A Settlement Conference was held on 9/13/2006 with counsel for all parties. A settlement was reached. The parties will agree to the entry of a consent decree to be drafted by EEOC and electronically mailed to counsel for defendant. The consent decree should be forwarded to Judge Homer's chambers on or before 10/1/06. The court will retain jurisdiction to enforce the agreement. (lah, ) (Entered: 09/14/2006)
21 CONSENT DECREE. Signed by Judge Gary L. Sharpe on 10/12/2006. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C# 4 Appendix D# 5 Appendix E# 6 Appendix F# 7 Appendix G# 8 Appendix H# 9 Appendix I# 10 Appendix J# 11 Appendix K# 12 Appendix L filed under seal# 13 Appendix M# 14 Appendix N)(jel, ) (Entered: 10/12/2006)

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