UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
Vo
PASCAL, CO. INC., Defendant.

Richard Alan Enslen HON. U.S. District Judge
CIVIL ACTION NO. 03-
DATED: J1. 0.5 CV0442
COMPLAINT AND IURY TRIAL DEMAND

NATURE OF THE ACTION This is an action under the Age Discrimination in Employment Act ("ADEA’) to correct unlawful employment practices on the basis of age and to make whole James Thorndill, a former employee. Pascal, Co., Inc. subjected Thorndill to age-based discrimination when he was involuntarily terminated from his employment.
IURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 621, et ~ (the "ADEA"), which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Sections 216(c) and 217. 2. The unlawful employment practices alleged below were and are now being
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committed within the jurisdiction of the United States District Court for the Western District of Michigan.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA, and is expressly authorized to bring this action by Section 7(b) of the ADEA, 29 U.S.C. Section 626(b), as amended by Section 2 of Reorganization Plan No. 1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705. 4. At all relevant times, Defendant, Pascal, Co., Inc. (the "Employer"), has continuously been a Washington Corporation doing business in the State of Michigan and the City of Grand Rapids, and has continuously had and does now have at least twenty five employees. 5. At all relevant times, the Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Section 11 (b), (g), and (h) of the ADEA, 29 U.S.C. § 630(b), (g), and (h).
CONCILIATION 6. Prior to the institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices hereinafter alleged and to effect voluntary compliance with the ADEA through informal methods of conciliation, conference, and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. Section 626(b).
STATEMENT OF CLAIMS 7. More than thirty (30) days prior to the institution of this lawsuit, James Thorndill
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filed a charge with the Commission alleging violations of the ADEA by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least October 1, 2001, Defendant Employer has engaged in unlawful employment practices at its Bellevue, Washington facility in violation of Section 4(a)(1) of the ADEA, 29 U.S.C. Section 623(a)(1). Specifically, the Defendant Employer terminated James Thorndill from his position as a National Accounts Manager because of his age, fifty-two (52).
9. The effect of the practices complained of above has been to deprive James Thorndill of equal employment opportunities and otherwise adversely affect his status as an employee because of his age.
10. The unlawful employment practices complained of above were and are willful within the meaning of the ADEA.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. GRANT a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of age. g. ORDER Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for persons who are at least age forty, and which eradicate the effects of its past and present unlawful employment practices. C. ORDER Defendant Employer to provide training regarding the Age Discrimination in Employment Act, its prohibitions against age discrimination and to all current and future employees;
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D. ORDER Defendant Employer to make whole James Thorndill by affording him other affirmative relief necessary to eradicate the effects of Defendant Employer’s unlawful employment practices, including reinstatement to his former position; and by providing him with appropriate back pay with prejudgment interest and lost benefits, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices.
E. ORDER Defendant Employer to pay liquidated damages in amounts to be determined at trial.
F. GRANT such further relief as the Court deems necessary and proper, including mandatory EEO training of employee personnel.
G. AWARD the Commission its costs in this action. IURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this Complaint.
Respectfully submitted,
NICHOLAS M. INZEO Acting Deputy General Counsel Equal Employment Opportunity Commission 1801 L. Street, N.W. Washington, D.C. 20507

DATE °

Regional Attorney STANLEY PITTS (P33519)
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Supervisory Trial Attorney
DALE PRICE (P55578) Trial Attorney
DETROIT DISTRICT OFFICE Patrick V. McNamara Building 477 Michigan Ave., Room 865 Detroit, Michigan 48226 (313) 226-6701

 
 ORIGINAL
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN - SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Case No. 1:03-CV-0442 Honorable Richard Alan Enslen

and

JAMES B. THORNDILL,

Plaintiff-Intervenor v.

PASCAL COMPANY, INC.,

Defendant.
----------------------------------------------------------1

Adele Rapport (P44833)

Stephen R. Drew (P24323)

Stanley Pitts (P33519) E.E.O.C. DETROIT DISTRICT OFFICE Attorney for Plaintiff

Ann M. Cooper (P36977) DREW, COOPER & ANDING Attorneys for Intervening Plaintiff

477 Michigan Avenue, Room 865 Detroit, Michigan 48226

125 Ottawa Avenue NW, Suite 300 Grand Rapids, Michigan 49503

(313) 226-6701

(616) 454-8300

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COMPLAINT IN INTERVENTION AND JURY DEMAND

Intervening Plaintiff James B. Thorndill, by and through his attorneys, DREW,

COOPER & ANDING, by Stephen R. Drew, files this Complaint in Intervention and

hereby states that this is an action under the Elliott-Larsen Civil Rights Act ("ELCRA")

to address Intervening Plaintiff James Thorndill's claims against Defendant Pascal

Company regarding age-based discrimination.

JURISDICTION 1. This Court's supplemental jurisdiction is invoked pursuant to 28 U.s.C § 1367.
This action is authorized and instituted pursuant to the Elliott-Larsen Civil Rights Act, M.CL. 37.2102 et seq.; M.5.A. 3.548(101) et seq. This is an action seeking declaratory and injunctive relief and money damages against Defendant Pascal Company, Inc., for purposeful discrimination, in violation of the foregoing statutes. 2. This court has jurisdiction pursuant to 28 U.S.C § 1367 and 28 U.s.C § 1343. Jurisdiction for declaratory relief is based on 28 U.s.C § § 2201 and 2202. 3. The unlawful and/ or discriminatory employment practices alleged below were and are being committed within the Western District of the State of Michigan. Venue is proper therein, pursuant to 28 U.s.C § 1391.
PARTIES 4. Intervening Plaintiff James B. Thorndill, (hereinafter "Intervening Plaintiff") is a
54 year old male, born on February 20, 1949, a citizen of the United States, a resident of the State of Michigan within the Western District of Michigan, and was at all relevant times an employee of Defendant Pascal Company, Inc. 5. Defendant Pascal Company, Inc. (hereinafter "Pascal") is a corporation conducting business in the State of Michigan, within the Western District of Michigan.
STATEMENT OF FACTS, CLAIMS AND VIOLATIONS
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6. Intervening Plaintiff James Thorndill became a member of Defendant Pascal Company's Sales Department effective June 15, 1992.
7. Intervening Plaintiff eventually was promoted to the position of National Sales Account Manager. In addition to Intervening Plaintiff's territory management responsibilities, Intervening Plaintiff successfully managed several corporate accounts for Defendant Pascal.
8. By calendar year 2001, Intervening Plaintiff had been employed by Defendant Pascal for 9 years and had accumulated over 20 years of sales experience.
9. On or about October 1,2001, Intervening Plaintiff's employment with Defendant Pascal was terminated, while younger sales representatives with less experience and less seniority were allowed to continue working at Defendant Pascal.
10. Intervening Plaintiff's termination was part of a pattern and/ or practice of agebased discriminatory hiring and firing practices that was condoned and/or tolerated by Defendant Pascal Company, Inc. and/ or management personnel within Defendant Pascal.
11. The following negative aged-based comments and/or references have been made by management personnel within Defendant Pascal Company: a. " .... Anyway, I am sure ready for 2002! It's starting up much better already! We did find a young man for the Chicago/Milwaukee territory.. . . a 24-year old pharmaceutical rep.... I just love the energy and enthusiasm of young people who want to work instead of oldies who want a free ride...."; b. "Old fu--.m,.Jew"; c. "Old g--damn sandscratcher";
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d. "Too old to carry their bags on the street"; e. "When you are too old to carry the bags, you just can't do it anymore"; f. "Older people don't work as hard"; g. "We need young guns"; h. "Older people drive the cost of insurance up"; i. "You are acting so old"; j. "You are the new way of doing business." [This comment was made to an
employee under 50 years of age after an employee over 50 years of age was terminated.] 19. The unlawful employment practices complained of above were intentional and/ or done with malice and/ or reckless indifference to the protected rights of Intervening Plaintiff. 20. Intervening Plaintiff James Thorndill, as a result of Defendant's aforementioned acts and/or omissions, has undergone mental and financial distress and hardship and/or loss of income and benefits. 21. The aforementioned actions of Defendant Pascal Company, Inc. complained of in the aforementioned paragraphs, have been to deprive the Intervening Plaintiff of wages, loss of income and other employment benefits, including but not limited to prospective retirement benefits, hospitalization and other insurance coverage, holiday and vacation pay, social security insurance, training opportunity and other promotional benefits and other fringe benefits of said employment, and have additionally subjected the Intervening Plaintiff to humiliation and/ or embarrassment, considerable mental and financial distress, and hardship.
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STATE LAW CLAIMS (SUPPLEMENTAL JURISDICTION) COUNT I
DISCRIMINATION ELLIOTT-LARSEN CIVIL RIGHTS ACT 22. Intervening Plaintiff realleges and reaffirms the aforementioned paragraphs with the same force and effect as if set forth herein. 23. The aforementioned acts by Defendant Pascal Company, Inc., through its employees, agents, managers and/ or assigns, constitute discrimination against the Intervening Plaintiff regarding the terms and conditions of his employment on the basis of his age, and on that basis were performed intentionally and in a discriminatory manner as compared to other similarly situated younger employees. By said acts, Defendants have violated Michigan Common and/ or Statutory Law, including specifically the Elliott-Larsen Civil Rights Act, M.C.L. 37.2102 et seq.; M.5.A. 3.548(101) et seq.
DAMAGES 19. Intervening Plaintiff realleges and reaffirms the aforementioned paragraphs with
the same force and effect as if set forth herein. 20. The effects of the actions and inactions of Defendants complained of in the
foregoing paragraphs have been to deprive the Intervening Plaintiff of wages, past and prospective, income and other employment benefits, including but not limited to prospective retirement benefits, holiday and vacation pay, training opportunity and other promotional and fringe benefits of said employment, and have additionally subjected the Intervening Plaintiff to mental and financial
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distress and anxiety, loss of job satisfaction, loss of self-esteem, humiliation and
embarrassment, and/ or other damages known or unknown.
WHEREFORE, the Intervening Plaintiff James B. Thorndill seeks all appropriate
damages arising out of law, equity and fact for each or all of the above causes of
action, where applicable, and hereby requests the trier of fact, be it judge or jury,
to award to the Intervening Plaintiff all applicable damages, including but not
limited to compensatory and/ or exemplary and all other relief arising out of law,
equity, and fact also including but not limited to:
a. Placement of Intervening Plaintiff James Thorndill in the position he would have been performing, absent Defendant Anderson Pattern's discriminatory action and/ or inaction, with all accruals and all appropriate injunctive relief and any other relief that this Court and/ or finder of fact deems proper, just and equitable;
b. Compensatory damages in the form of past and future losses, including but not limited to training opportunities, promotional benefits, applicable seniority, raises and/or other conditions of employment, and for mental and emotional distress related to said actions; in the amount of $750,000.00 (SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS), or other amount as the jury and/ or trier of fact deems appropriate, equitable and just under the circumstances;
c. Exemplary damages against Defendants in the amount of $750,000.00 (SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS), or other amount as the jury and/ or trier of fact deems appropriate, equitable and just under the circumstances;
d. Such other relief as may be applicable according to statutory and common law, including interest, costs and attorney fees.

Dated: August 21, 2003

~~dd/ James B. Thorndill

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DREW, COOPER & ANDING Attorneys for Intervening Plaintiff

Dated: August 21, 2003

Step n . rew (P2'!3

Ann M.

er (P36977)

125 Ottawa Ave. NW, Suite 300

Grand Rapids, Michigan 49503

(616) 454-8300

JURY DEMAND
Intervening Plaintiff James B. Thorndill demands a jury on all claims set forth above.

Dated: August 21, 2003

*wLw James B. Thorndill

Dated: August 21, 2003

DREW, COOPER & ANDING Attorneys for Intervening Plaintiff
By:~J Stephen R. Drew (P24323) Ann M. Cooper (P36977) 125 Ottawa Ave. NW, Suite 300 Grand Rapids, Michigan 49503 (616) 454-8300

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 United States District Court for the Western District of Michigan - Dock... https://ecf.miwd.uscourts.gov/cgi-bin/DktRpt.pl?742274534453771-L_...

United States District Court Western District of Michigan (Southern Division (1)) CIVIL DOCKET FOR CASE #: 1:03-cv-00442-RAE

CLOSED, VFM

Equal Employment Opportunity Commission v. Pascal, Co. Inc. Assigned to: Senior Judge Richard Alan Enslen Cause: 28:451 Employment Discrimination

Date Filed: 07/03/2003 Date Terminated: 06/21/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

plaintiff
Equal Employment Opportunity Commission

represented by Adele Rapport U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226-6701 Email: adele.rapport@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Omar Weaver U.S. Equal Employment Opportunity Commission (MI) Patrick V. McNamara Bldg. 477 Michigan Ave., Rm. 865 Detroit, MI 48226 (313) 226-3407 Email: omar.weaver@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

intervenor-plaintiff
James B. Thorndill TERMINATED: 05/14/2004

represented by Stephen R. Drew Drew Cooper & Anding 125 Ottawa Ave., NW, Ste. 300 Grand Rapids, MI 49503 (616) 454-8300 Fax: (616) 454-0036 Email: sdrew@dcadvocate.com TERMINATED: 05/14/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. defendant Pascal, Co. Inc.
mediator Facilitative Mediator TERMINATED: 12/05/2003
counter-claimant Pascal, Co. Inc. TERMINATED: 05/14/2004 V. counter-defendant James B. Thorndill TERMINATED: 05/14/2004

represented by Robert Neil Stein Robert N. Stein Co., LPA 1450 Rockefeller Bldg. 614 Superior Ave., NW Cleveland, OH 44113 (216) 781-8040 Email: robertnsteinesq@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jon G. March Miller Johnson PLC (Grand Rapids) 250 Monroe Ave., NW, Ste. 800 P.O. Box 306 Grand Rapids, MI 49501-0306 (616) 831-1729 Fax: (616) 988-1729 Email: marchj@millerjohnson.com TERMINATED: 12/05/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/03/2003 07/03/2003 07/03/2003 08/04/2003

#

Docket Text

1 COMPLAINT and jury demand against Pascal, Co. Inc. filed by Equal Employment Opportunity Commission (rlw, ) (Entered: 07/09/2003)
2 NOTICE REGARDING PUBLIC ACCESS directed to Adele Rapport (rlw, ) (Entered: 07/09/2003)
SUMMONS ISSUED as to Pascal, Co. Inc. (rlw, ) (Entered: 07/09/2003)
3 PROPOSED STIPULATION and ORDER for leave to plead to the Complaint by 9/2/03 by defendant Pascal, Co. Inc. (mrs, ) (Entered: 08/07/2003)

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08/07/2003 08/08/2003 08/08/2003 08/21/2003 08/21/2003 08/21/2003 08/21/2003 08/25/2003 09/02/2003 09/12/2003 09/12/2003 09/15/2003 09/19/2003 09/19/2003 09/22/2003
09/30/2003

4 NOTICE REGARDING PUBLIC ACCESS directed to atty Stein (mrs, ) (Entered: 08/07/2003)
5 STIPULATION AND ORDER granting 3; defendant shall answer or otherwise plead by 9/2/2003; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/08/2003)
Copy of Order on Stipulation and Proposed Order5 sent via U.S. Mail to R. Stein (rlw, ) (Entered: 08/08/2003)
6 NOTICE of motion to intervene (mrs, ) (Entered: 08/25/2003)
7 MOTION to intervene as plaintiff by movant James B. Thorndill ; (mrs, ) Additional attachment(s) added on 8/25/2003 (mrs, ). Modified on 9/5/2003 (mrs, ). (Entered: 08/25/2003)
8 BRIEF in support of 7 motion to intervene as plaintiff filed by James B. Thorndill (mrs, ) (Entered: 08/25/2003)
9 PROOF OF SERVICE by movant-plaintiff James B. Thorndill re 6, 7, 8 (mrs, ) Modified on 9/5/2003 (ldm) (Entered: 08/25/2003)
10 NOTICE REGARDING PUBLIC ACCESS directed to atty Drew (mrs, ) (Entered: 08/25/2003)
11 ANSWER to complaint with Affirmative Defenses, Jury Demand, Consent to Electronic Service, and Proof of Service by Pascal, Co. Inc. (mrs, ) (Entered: 09/04/2003)
12 ATTORNEY SUBSTITUTION adding attorney Omar Weaver for Equal Employment Opportunity Commission in the place of Dale Price (mrs, ) Modified on 9/15/2003 (mrs, ). (Entered: 09/15/2003)
13 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission re 12 (mrs, ) (Entered: 09/15/2003)
14 NOTICE REGARDING PUBLIC ACCESS directed to atty Weaver (mrs, ) (Entered: 09/15/2003)
15 ORDER granting 7 motion of James B. Thorndill to intervene; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 09/19/2003)
17 INTERVENOR COMPLAINT with jury demand filed by James B. Thorndill (rlw, ) (Entered: 09/23/2003)
16 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 10/30/2003 at 09:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 10/27/2003; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 09/22/2003)
18 ANSWER to intervenor complaint of Defendant, Pascal Company, Inc., COUNTERCLAIM against James B. Thorndill by Pascal, Co. Inc. (Stein, Robert) (Entered: 09/30/2003)

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10/21/2003 10/21/2003
10/24/2003 10/24/2003 10/27/2003 10/27/2003 10/30/2003 11/12/2003
12/05/2003
12/11/2003 12/12/2003 12/17/2003 12/19/2003 12/26/2003

19 PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission for first set of interrogatories, requests for documents and requests for admissions (mrs, ) (Entered: 10/21/2003)
20 PROOF OF SERVICE by plaintiff Equal Employment Opportunity Commission (AMENDED) for first set of interrogatories, request for documents and request for admissions served upon atty Stein 10/15/03; and first set of interrogatories, requests for documents and request for admissions served upon atty Drew 10/16/03 (mrs, ) (Entered: 10/21/2003)
23 ANSWER to counterclaim with Affirmative Defenses and Reliance on Jury Demand by James B. Thorndill (mrs, ) (Entered: 10/28/2003)
24 PROOF OF SERVICE by intervenor-plaintiff James B. Thorndill re 23 (mrs, ) (Entered: 10/28/2003)
21 JOINT STATUS REPORT submitted for filing by plaintiff Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 10/27/2003)
22 RESPONSE TO ANSWER TO COMPLAINT re 18 Reply to Counter Claim, Affirmative Defenses and Jury Demand filed by plaintiff Equal Employment Opportunity Commission (Weaver, Omar) (Entered: 10/27/2003)
25 MINUTES of Rule 16 Scheduling Conference (by phone) held by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cr) (Entered: 10/30/2003)
26 CASE MANAGEMENT ORDER: jury trial set for 3/2005 civil trial session at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; settlement conference set for 1/29/2004 at 10:00 AM at 654 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 2/22/2005 at 03:30 PM at 174 Federal Building, Kalamazoo, MI before Judge Richard Alan Enslen; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 11/12/2003)
27 ORDER referring case to VOLUNTARY FACILITATIVE MEDIATION: Facilitative Mediator rep by Jon G. March added; plaintiff VFM fee to be submitted by 12/15/2003; defendant VFM fee to be submitted by 12/15/2003; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, sas) (Entered: 12/05/2003)
28 ORDER regarding settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 12/11/2003)
29 CERTIFICATE OF SERVICE by defendant Pascal, Co. Inc. of Answers to Discovery Propounded by Plaintiff EEOC (Stein, Robert) (Entered: 12/12/2003)
30 PROOF OF SERVICE by intervenor-plaintiff James B. Thorndill for disclosures pursuant to FRCP 26(a)(1) (mrs, ) (Entered: 12/19/2003)
31 CERTIFICATE OF SERVICE by defendant Pascal, Co. Inc. of Fed R. 26(A) DISCLOSURES (Stein, Robert) (Entered: 12/19/2003)
32 CERTIFICATE OF SERVICE by plaintiff Equal Employment Opportunity Commission for Rule 26 (a)(1) Disclosures (acr, ) (Entered: 12/26/2003)

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01/12/2004 01/13/2004 01/16/2004 01/16/2004 01/29/2004 02/09/2004 03/25/2004 04/21/2004 04/28/2004 05/12/2004 05/14/2004
06/17/2004
06/21/2004

VFM FEE RECEIVED in the amount of $25.00, check number 4271 for payment of Defendant Pascal, Co. Inc.'s VFM fee (Related document(s),27) (ADR Administrator, mjs) (Entered: 01/12/2004)
VFM FEE RECEIVED in the amount of $12.50, check number 27246 for payment of Intervenor-Plaintiff James B. Thorndill's VFM fee (ADR Administrator, mjs) (Entered: 01/13/2004)
33 PROPOSED STIPULATION and ORDER to reschedule facilitative mediation by plaintiff Equal Employment Opportunity Commission, defendant Pascal, Co. Inc., intervenor-plaintiff James B. Thorndill (mrs, ) (Entered: 01/22/2004)
34 PROOF OF SERVICE by intervenor-plaintiff James B. Thorndill re 33 (mrs, ) (Entered: 01/22/2004)
35 MINUTES of settlement conference held before Magistrate Judge Ellen S. Carmody (Tape #C-G04-#8) (Magistrate Judge Ellen S. Carmody, cr) (Entered: 01/29/2004)
VFM FEE RECEIVED in the amount of $12.50, check number 114 for payment of Plaintiff Equal Employment Opportunity Commission's portion of the VFM fee (Related document(s),27) (ADR Administrator, mjs) (Entered: 02/09/2004)
36 ORDER granting STIPULATION 33 to reschedule facilitative mediation; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 03/25/2004)
37 PROPOSED STIPULATION and ORDER that Exhibit B Attached to Consent Decree Will be Placed on the Record by defendant Pascal Co., Inc, by Intervening Plaintiff James Thordill and by plaintiff Equal Employment Opportunity Commission (bd, ) (Entered: 04/21/2004)
38 ORDER granting STIPULATION 37 that Exhibit B attached to the consent decree will be placed on the record but will not be part of the Court's electronic file; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 04/28/2004)
39 PROPOSED STIPULATION and ORDER of Dismissal by intervenor-plaintiff James B. Thorndill (Drew, Stephen) (Entered: 05/12/2004)
40 ORDER OF DISMISSAL granting STIPULATION 39, the Complaint in Intervention and all claims of Intervening Plaintiff James Thorndill against Defendant are DISMISSED WITH PREJUDICE and without costs; signed by Judge Richard Alan Enslen (Judge Richard Alan Enslen, blb) (Entered: 05/14/2004)
41 PROPOSED CONSENT DECREE by plaintiff Equal Employment Opportunity Commission, defendant Pascal, Co. Inc. (Attachments: # 1 Exhibit A# (2) Exhibit B - per Order, document no. 38, Exhibit B will be placed on the record but will not be part of the Court's electronic file) (rlw, ) Modified on 6/18/2004 (mbb, ). (Entered: 06/17/2004)
42 ORDER granting consent decree 41, case is DISMISSED WITH PREJUDICE and without costs, court reserves jurisdiction to enforce this Consent Decree; signed by Judge Richard Alan Enslen (Attachments: # 1 Exhibit A) (Judge

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Richard Alan Enslen, blb) Additional attachment(s) added on 6/22/2004 (acr, ). (Entered: 06/21/2004)

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 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

Case No. 1:03 CV 0442 Hon. Richard Alan Enslen

PASCAL COMPANY, INC.,
Defendant.
--------------------------~'
ADELE RAPPORT (P44833) STANLEY H. PITTS (P33519) OMAR WEAVER (P58861) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Attorneys for Plaintiff 477 Michigan Ave., Room 865 Detroit, MI. 48226 (313) 226-3407
ROBERT N. STEIN Attorney for Defendant I450 Rockefeller Building 614 Superior Avenue, N.W. Cleveland, Ohio 44113

CONSENT DECREE ____This matter is before the Court for entry of this judgement by consent of the parties in order to effectuate a compromise and settlement of this claim. After careful review and consideration, the Court believes that entry of this judgement is in the interest ofjustice. I. Plaintiff, the United States Equal Employment Opportunity Commission ("the
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,, .

Commission"), commenced the above entitled action in the United States District Court

for the Western District of Michigan, Souther Division, on July 3, 2003, alleging that the

Defendant Pascal Company, Inc., ("Pascal"), engaged in discriminatory employment

practices in violation of the Age Discrimination in Employment Act ("ADEN') when it

terminated the employment ofJames Thorndill ("Thorndill") because ofhis age.

2.

Defendant Pascal denies all allegations in the Complaint, including any allegation that it

terminated Thorndill because of his age.

3.

As a result of settlement discussions, the Commission and Pascal have resolved their

differences and have agreed that this action should be settled by entry of this Consent

Decree. It is the intent of the parties that this Consent Decree be a final and binding

settlement in full disposition of any and all claims alleged against Pascal or which might

have been alleged against Pascal in the Complaint filed on behalf ofThomdill.

STIPULATED FACTS

4.

The Commission is the agency of the United States government authorized by the ADEA

to investigate allegations of unlawful employment discrimination based on age, to bring

civil actions to prohibit unlawful practices, and to seek relief for individuals affected by

such practices.

5.

Pursuant to the ADEA, the parties acknowledge the jurisdiction of the United States

District Court of the Western District of Michigan (Southern Division) over the subject

matter and of the parties to this case for purposes of entering this Consent Decree and, if

necessary, enforcing this Decree.

6. Venue is appropriate in the Western District of Michigan (Southern Division). For

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purposes of this Decree and any proceedings related to this Decree only, Pascal agrees that all statutory conditions precedent to the institution of this lawsuit and the Complaiht against Pascal have been fulfilled.

FINDINGS

7.

Having examined the terms and provisions ofthe Consent Decree and based on the

pleadings, records, and stipulations of the parties, the Court finds the following:

A. The Court has jurisdiction over the subject matter of the action and the parties to

this action.

B.

The tenns and provisions of this Consent Decree are fair, reasonable, and just.

The rights of Pascal, the Commission, and those for whom the Commission seeks

relief are protected adequately by this Decree.

C.

This Consent Decree conforms with the Federal Rules of Civil Procedure and the

ADEA, and is not in derogation of the rights and privileges of any person. The

entry of this Consent Decree will further the objectives of the ADEA and will be

in the best interest of the parties and those for whom the Commission seeks relief.

NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED as

follows:

NON-ADMISSION

8.

This Decree, being entered with the consent of the Commission and Pascal, shall not

constitute an adjudication or finding on the merits of the case and shall not be construed as an admission by Pascal of a violation ofthe ADEA. Similarly, the entryofthis Decree shall not be construed as an admission by the Commission that any claim asserted by it in

3

this action was not valid or that any defense asserted by Pascal was valid.

NON-DISCRIMINATION

9.

Pascal, its officers, agents, employees, successors, assigns and all persons in active

concert or participation with them or any of them shall comply with the provisions of the

Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., with regard to

discrimination on the basis of age.

NON-RETALIATION
10. Pascal shall not take any action against any person which constitutes intimidation, retaliation, harassment or interference with the exercise of such person's rights under federal law because of the filing of charges ofdiscrimination with the Commission, which forms the basis for the present case, or because such person gave testimony or assistance or participated in any manner in any investigation or proceeding in connection with this case under the ADEA.

TRAINING
11. Pascal agrees to provide mandatory training on the ADEA to all managers, and supervisory personnel who participate in personnel decisions. In addition , the training shall focus on the general prohibitions of the ADEA, including the prohibition against discrimination against an employee with respect to any terms, conditions, opportunities or privileges of employment on the basis of age. The training shall also include the ADEA's requirement that reductions in force be implemented without targeting older employees for termination on the basis ofage. The training shall be completed within three (3) months after the execution ofthis Decree. Upon completion of the training, Pascal shall

4

certify to the Commission the specific training which was undertaken and the dates ofthe training and shall provide the Commission with a roster of all employees who attended such training.
POSTING OF NOTICE 12. Pascal agrees that it shall post a copy of the Notice attached as Exhibit A in a conspicuous
location where employee notices are posted. The notice shall be posted for three (3) years from the date this Decree is entered by the Court. Should the posted notice become defaced, marred or otherwise made unreadable, Pascal agrees to post a readable copy of the notice as soon as practical thereafter.
MONETARY COMPENSATION 13. Pascal agrees to pay James Thomdill damages as specifically described in Exhibit B
attached hereto.
DURATION 14. The injunctive provisions of this judgement shall remain in full force and effect for three
{3) years and shall expire at the third anniversary of the entry of this Decree. DISPUTE RESOLUTION AND COMPLIANCE
15. The Court shall retain jurisdiction and will have all available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of either party, the Court may schedule a hearing for the putpose of reviewing compliance with this Decree. The parties shall engage in a good faith effort to resolve any dispute as to compliance prior to seeking review by the Court, and shall be required to give notice to each other ten (1 0) days before moving for such review. All parties may conduct expedited discovery under the
5

Federal Rules ofCivil Procedure for purposes of detennining compliance with this Decree or defending against a claim of non-compliance, with fifteen (15) business days notice for depositions, entry to premises and access to documents and, with fifteen (15) business days for responses to written discovery.
MISCELLANEOUS
16. All parties shall bear their own costs and expenses of litigation, including attorney fees. 17. This Consent Decree constitutes the entry of final judgment, within the meaning of Rule
54 ofthe Federal Rules ofCivil Procedure, on all claims asserted in or which might have been asserted in this action. This court retains jurisdiction over this matter, however, for the purpose of entering appropriate orders interpreting and enforcing this judgment. 18. If any provision(s) of this Consent Decree is found to be unlawful, only the specific provision(s) in question shall be affected and the other provisions will remain in full force and effect.
19. The terms of this Consent Decree are and shall be binding upon the present and future owners, officers, directors, employees, creditors, agents, trustees, administrators, successors, representatives, and assigns of Pascal.
20. The Commission reserves all rights to proceed with respect to matters like and related to these matters but not covered by the terms of this Decree and to secure relief on behalf of
aggriev~ persons not covered by the tenns of this Decree.
21. This Consent Decree constitutes the entire agreement and commitments ofthe parties. Any modifications to this Decree must be mutually agreed upon and memorialized in a
writing signed by J>ascal and the Commission.
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22. When this Consent Decree requires or permits the submission by Pascal of any documents to the Commission, if not otherwise indicated in the Decree, they shall be mailed by certified mail to Adele Rapport, Regional Attorney, EEOC, Detroit District Office, 477 Michigan Avenue, Room 865, Patrick V. McNamara Building, Detroit, Michigan 48226.
23. Both parties request that this Court approve this Consent Decree and, pursuant to Fed. R. Civ. P. 4l(a)(2), dismiss this case with prejudice, assign the costs of this action incurred by each of the respective parties to each such party, and reserve jurisdiction only as necessary to enforce this Consent Decree.

EQUAL EMPLOYMENT COMMISSION

OPPORTUNITY

ERIC S. DREIBAND General Counsel

JAMES L.LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS

PASCAL COMPANY INC.

~ By ~(~ 60

NMINPAScHALL

Title

STANLEY H. PITTS (P33519) Supervisory Trial Attorney

7

OMAR WEAVER (P58861) Trial attorney Detroit District Office 477 Michigan Ave., Room 865 Detroit, MI 48226
IT IS SO ORDERED:
June 21, 2004
Date

/s/ Richard Alan Enslen
United States Disttict Judge

8

EXHIBIT A

NOTICE
This Notice is being posted to inform you of your rights guaranteed by federal law under the Age Discrimination in Employment Act ("ADEA''), Title Vll of the Civil Rights Act of 1964 (''Title VIr'), the Americans with Disabilities Act ("ADA"), and the Equal Pay Act ('•EPA"). These laws prohibit workplace discrimination based on age, race, religion, sex, national origin and disability. This Notice is posted in connection with a Consent Decree entered by the United States District Court for the Western District of Michigan in EEOC v.Pascal Company. Inc., (Case No. 1:03 CV 0442), as a resolution to a lawsuit filed by the U.S. Equal Employment Opportunity Commission.

The United States Equal Employment Opportunity Commission is the federal agency which investigates charges ofunlawful employment discrimination and, if necessary, files lawsuits in federal court to enforce the anti-discrimination provisions ofthe ADEA, Title Vll, ADA and EPA. Any employee who believes that he/she is the victim of discrimination or retaliation has the legal right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission.

Pascal supports and will comply with these federal laws in all respects. Pascal will not

take any action against any employees because they have exercised their rights under these laws

by complaining about acts ofdiscrimination to the U.S. Equal Employment Opportunity

Commission.

~J(?~c_co

PASCLCOMPANY, INC.

.

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