IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,
V.

CIVIL ACTION NO.

LOWE’S HOME CENTERS, INC.,

COMPLAINT JURY TRIAL DEMAND

Defendant.

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 199 ~ to correct unlawful employment practices that discriminate on the basis of sex and to provide appropriate relief to Linda Whitmore who was adversely affected by such practices. As articulated with greater particularity in Paragraph 7 below, the Commission alleges that Ms. Whitmore was discriminated against based on her gender (female), when Defendant Employer failed to promote her to an available Assistant Store Manager position in April 2003, despite her qualifications. In addition, the Commission alleges that Ms. Whitmore was subjected to unwelcome gender-based derogatory treatment and harassment from her initial Supervisor, John Buzzaro, which created a hostile work environment for her as a female and about which she complained. Finally, as a resuIt of being denied promotion while less qualified similarly-situated males were promoted, and because of the hostile work environment, Ms. WbStmo~’e was constructively discharged on July 7, 2003, because she couId no longer tolerate the discrimination. As a result of the discriminatory

conduct, Ms. Whitmore suffered backpay losses and emotional distress damages. 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 § 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(t) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the District of Delaware.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of Title VII, 42 U.S.C. § 2000(e)-5(f)(1) and (3). 4. At all relevant times, Defendant Lowe’s Homes Centers, Inc., (hereinafter referred to as "Defendant Employer"), has continuously been and is now doing business in the State of Delaware, in the City of Lewes, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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).
2

STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, a charge of discrimination was filed with the Commission, alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least 2003, Defendant Employer has engaged in unlawful employment ¯ practices at its Lewes, Delaware facility in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2(a)(1), by discriminating against Ms. Whitmore on the basis of her gender as follows: (a) On May 20, 2002, Ms. Whitmore was hired by Defendant as a Department Manager at its Lewes, Delaware facility. Upon her hire, Ms. Whitmore states that she was advised by Store Manager Steve Webster that due to her years of prior Store Manager experience with the K-Mart Corporation, she would have to "pay her dues" for six months as a Department Manager, and thereafter would be immediately placed into an Assistant Store Manager position. At all relevant times throughout her employment with Defendant, Ms. Whitmore had satisfactory performance. (b) Upon her hire, Ms. Whitmore was placed into a Department Manager position in the Hardware/Tools Department under the supervision of Zone Manager, John Buzzaro. Buzzaro subjected Ms. Whitmore to gender-based harassment in the form of threatening and intimidating physical conduct, including but not limited to, making growling noises at her, following her aromld the store, jumping out from behind posts in front of her, and threatening to jump on her. Upon information and belief, Mr. Buzzaro subjected other female employees to such gender-based harassment, but not male employees. On November 15, 2002, Ms.. Whitmore complained about this conduct to Store Manager, Joe Donovan, and District Manager Clay Bain. Although Donovan
3

transferred Ms. Whitmore to the Electrical Department on November 21, 2002, Buzzaro was then placed in charge of that department by Donovan, and he remained Ms. Whitmore’s supervisor. Thereafter, he continued the harassment.
(c) On December 2, 2002, Ms. Whitmore applied for a posted position for the Assistant Manager Training Program (ASM), and was deemed qualified by Defendant Employer’s Human ’Resources Department. Thereafter, Ms. Whitmore comple{ed the written application materials and was interviewed on December 16, 2002. Upon information and belief, Ms. Whitmore was the only female employee who was interviewed for the ASM position, along with three male employees from the Lewes store.
(d) In late January 2003, Ms. Whitmore was advised that she was not selected for an ASM position and was advised by Joe Donovan that within two (2) weeks she would be provided with information that would explain why she was not selected, and would include what areas she could improve upon to be considered in the future. Thereafter, Ms. Whitmore inquired of Donovan as to why she was not selected, and he advised her that the interviews were "thrown out" and no selections would be made. He further advised Ms. Whitmore that Defendant would no longer conduct interviews when making selections for Assistant Store Managers. Upon information and belief, Defendant did not select any candidates for ASM positions at that time.
(e) On March 10, 2003, Ms. Whitmore again applied for a posted opening for an Assistant Store Manager position and was again deemed qualified by Defendant’s Human Resources Department. Ms. Whitmore again submitted all required written application materials. Despite Defendant’s earlier assertions, it did again, conduct interview of the applicants, and Ms. Whitmore, and other male applicants, were interviewed. Upon knowledge and belief, Ms. Whitmore was the
4

only female interviewed; five male candidates were also interviewed by Defendant. (f) In early April 2003, Ms. Whitmore was advised by Defendant that she was not selected
for an ASM position, and she learned that four of the five males who were interviewed were selected. She was further advised by co-worker William Thompson, who was selected for an ASM positions, that the interview questions and "right" answers had been given to him, and to Eric Miller, another male ASM selectee, by Store Manager Joe Donovan.
(g) On May 26, 2003, Ms. Whitmore complained to Defendant Employer via its 800 Confidential Alertline that she believed there was gender bias in the selection process for ASM positions.
0a) On June 20, 2003, Ms. Whitmore met with Christine West, Defendant’s Area Human Resource Manager, along with Ken Boyell, District Manager, to discuss her complaint of gender bias. During the meeting, Defendant’s officials denied that there was any gender bias in the ASM selection process, but could not articulate any reason why Ms. Whitmore was not selected for an ASM position. ¯
(i) On June 26, 2003, Ms. Whitmore received a performance appraisal from Donovan, which contained negative comments about Ms. Whitmore’s supervision of employees. She refused to sign it. The following day, Donovan threatened to transfer Ms. Whitmore again, and she requested a copy of her personnel file. However, Defendant refused to permit Ms. Whitmore to view her personnel file.
(j) On July 7, 2003, Ms. Whitmore was constructively discharged from her employment as she could no longer tolerate the sex discrimination in Respondent’s workplace.
The effect of the practices complained of in paragraphs 7(a) through (j) above has been to
5

deprive Ms. Whitmore of equal employment opportunities and otherwise affect her status as an employee because of her sex, in violation of Title VII.
8. The acts complained of in paragraph 7 above were intentional. 9. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected fights ofLinda Whitmore.
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, fi:om engaging in unlawful employment discrimination, or any employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Linda Whitmore by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices. ¯ D. Order Defendant Employer to make whole Ms. Whitmore byproviding compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to backpay, frontpay, and out-of-pocket losses in amounts to be determined at trial. E. Order Defendant Employer to make whole Ms. Whitmore by providing compensation

for past and future nonpecuniary losses resulting from the unlawful practices complained of in ¯ paragraph 7 above, including pain and suffering, humiliation, embarrassment, and the loss of life’s pleasures, in amounts to be determined at trial.
F. Order Defendant Employer to payMs. Whitmore punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
Grant such further relief as the Court deems necessary and proper in the ~ublic interest.
H. Award the Commission its costs of this action.
7

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Eric S. Dreiband General Counsei James L. Lee Deputy General Counsel Gwendolyn Yotmg Reams Associate General Counsel Washington, D.C.
EQUAL EMPLOYMF_~T OPPORTUNITY
~c~’C M_MISSION Regiona ttomey
Superv~Sry Trial Atomey ,
Trial Attorney U.S. EEOC, Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 19106 (215) 440-2841 (direct) (215) 440-2828(fax)

Dated:

COLM F. CONNOLLY United States Attorney
Chief, Civil Division Assistant United States Attorney 1007 Orange Street Suite 700 Post Office Box 2046 Wilmington, Delaware 19899-2046 (302) 573-6277

AO 440 (Rev. 10f93) Summons in a Civil Action
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
V.
LOWE’S HOME CENTERS~ INC.

DIST~CT OF

DELAWARE

SUMMONS IN A CML CASE
CASE NUMBER:

TO: (Name and addm~ ~ defenda~
KENNETH BOYELL District Manager Lowers 1450 N. DuPont Highway Dover, DE 19704
YOU ARE HEREBY SUMMONED and ~quired ~ sere upon PLAIN~FF’S ATTORNEY ~ame and ~dress)
STEPHANIE F..MARINO Trial Attorney EEOC - Philadelphia District Office 21S. 5th Street, Suite 400 Philadelphia, PA 19106

an answer to the complaint which is herewith served upon you, within 20

days after service of

this summons upon you, exclusive of.the day of service. If you fail to do so, judgment by default will be taken against you for

the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of

time after service.

PETER T. DALLEO

CLERK

DATE

¯ (BY) DEPUTY CLERK

 
 CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?121577278018809-L_35...

CLOSED, MEDIATION
U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:05-cv-00373-JJF

Equal Employment Opportunity Commission v. Lowe's Home Centers Inc. Assigned to: Honorable Joseph J. Farnan, Jr. Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 06/08/2005 Date Terminated: 10/03/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Douglas Edward McCann U.S. Attorney's Office The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 Fax: (302) 573-6220 Email: douglas.mccann@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephanie Marino U.S. Equal Employment Opportunity Commission 21 South 5th Street Suite 400 Philadelphia, PA 19106 (215)440-2841 Fax: (215)440-2848 Email: stephanie.marino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith A. O'Boyle U.S. Equal Employment Opportunity Commission 21 South 5th Street Suite 400 Philadelphia, PA 19106 (215) 440-2669 Fax: (215) 440-2674 Email: judith.oboyle@eeoc.gov ATTORNEY TO BE NOTICED

Rudolph Contreras

1 of 7

5/31/2007 3:59 PM

CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?121577278018809-L_35...

V. Defendant Lowe's Home Centers Inc.

U.S. Attorney's Office The Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 ext. 154 Fax: (302) 573-6220 Email: rudolph.contreras@usdoj.gov TERMINATED: 04/26/2006 ATTORNEY TO BE NOTICED
represented by David Phillip Primack Drinker Biddle 1100 North Market Street Suite 1000 Wilmington, DE 19801-1254 (302) 467-4200 Email: david.primack@dbr.com ATTORNEY TO BE NOTICED

Date Filed 06/08/2005
06/08/2005 06/15/2005 07/11/2005 07/13/2005 07/13/2005 07/13/2005

#

Docket Text

1 COMPLAINT filed with Jury Demand against Lowe's Home Centers Inc. Magistrate Consent Notice to Pltf. - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Acknowledgement of Consent Form)(mwm, ) (Entered: 06/08/2005)
Summons Issued as to Lowe's Home Centers Inc. on 6/8/2005. (mwm, ) (Entered: 06/08/2005)
Case assigned to Judge Joseph J. Farnan, Jr. Please include the initials of the Judge (JJF) after the case number on all documents filed. (rjb, ) (Entered: 06/15/2005)
2 Return of Service Executed by Equal Employment Opportunity Commission. Lowe's Home Centers Inc. served on 6/24/2005, answer due 7/14/2005. (afb, ) (Entered: 07/12/2005)
3 ANSWER to Complaint by Lowe's Home Centers Inc..(Primack, David) (Entered: 07/13/2005)
4 STATEMENT Of Corporate Ownership Of Defendant by Lowe's Home Centers Inc.. (Primack, David) (Entered: 07/13/2005)
5 MOTION for Pro Hac Vice Appearance of Attorney Gregory W. Homer and Thomas J. Barton - filed by Lowe's Home Centers Inc.. (Primack, David) (Entered: 07/13/2005)

2 of 7

5/31/2007 3:59 PM

CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?121577278018809-L_35...

07/13/2005
07/13/2005 07/13/2005 07/14/2005
07/27/2005 07/28/2005 11/07/2005 11/07/2005 11/18/2005 11/21/2005
11/21/2005 11/21/2005 11/21/2005 11/21/2005

6 CERTIFICATE OF SERVICE of Defendant's Answer to the Complaint, Corporate Ownership Statement and Motion for Admission Pro Hac Vice of Gregory W. Homer and Thomas J. Barton by Lowe's Home Centers Inc. (Primack, David) (Entered: 07/13/2005)
7 MOTION and Order for Admission Pro Hac Vice - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/13/2005)
SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney Gregory W. Homer and Thomas J. Barton filed by Lowe's Home Centers Inc. Signed by Judge Joseph J. Farnan, Jr. on 07/13/05. (afb, ) (Entered: 07/15/2005)
SO ORDERED, re 7 MOTION and Order for Admission Pro Hac Vice of Judith A. O. Boyle and Stephanie Marino filed by Equal Employment Opportunity Commission . Signed by Judge Joseph J. Farnan, Jr. on 07/14/05. (afb, ) (Entered: 07/15/2005)
8 MOTION to Allow EEOC Attorneys to Appear Without Local Counsel - filed by Equal Employment Opportunity Commission. (Contreras, Rudolph) (Entered: 07/27/2005)
9 ORDER granting 8 Motion to Allow EEOC Attorneys, Judith A. O'Boyle and Stephanie Marino to appear without local cnsl . Signed by Judge Joseph J. Farnan, Jr. on 07/28/05. (afb, ) (Entered: 07/29/2005)
10 Letter to Cnsl. from the Court requesting cnsl. to confer and submit to the Court a Proposed Pretrial Scheduling Order by 11/21/05. (Attachments: # 1 Proposed Scheduling Order)(afb, ) (Entered: 11/07/2005)
Set Deadlines: Notice of Compliance deadline set for 11/21/2005 per D.I. 10. (afb, ) (Entered: 11/07/2005)
11 Letter to The Honorable Joseph J. Farnan, Jr. from David P. Primack, Esq. regarding EEOC v. Lowe's Home Center. (Attachments: # 1 Text of Proposed Order)(Primack, David) (Entered: 11/18/2005)
12 RULE 16 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Pre-Discovery Disclosures ddl. 12/01/05; Joinder of Parties due by 12/1/2005. Amended Pleadings due by 2/1/2006. Written Discovery due by 2/24/2006,Fact Discovery due by 07/31/06, rpts. from retained experts are due from the pltf. by 08/31/06; from the deft. by 09/29/06; Dispositive Motions due by 10/31/2005.. Signed by Judge Joseph J. Farnan, Jr. on 11/21/05. (afb, ) Modified on 11/21/2005 (afb, ). (Entered: 11/21/2005)
CASE REFERRED to Mediation. (cab, ) (Entered: 11/21/2005)
13 Order Setting Teleconference: Telephone Conference set for 1/3/2006 09:00 AM before Honorable Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 11/21/2005. (cab, ) (Entered: 11/21/2005)
Set Discovery ddl. due by 7/31/2006 per D.I. 12. (afb, ) (Entered: 11/21/2005)
CORRECTING ENTRY: clerk updated docket entry D.I. 12 to reflect Fact Discovery ddl. of 07/31/06. (afb, ) (Entered: 11/21/2005)

3 of 7

5/31/2007 3:59 PM

CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?121577278018809-L_35...

11/30/2005
11/30/2005 12/01/2005
12/01/2005 12/01/2005 12/01/2005 01/03/2006 01/26/2006
01/26/2006
01/26/2006 02/02/2006
02/09/2006 02/09/2006

14 STIPULATION To amend dispositive motion deadline to read "October 31, 2006" re 12 Scheduling Order,, by Equal Employment Opportunity Commission. (Attachments: # 1 Letter to Judge Farnan re: Stipulation)(Marino, Stephanie) (Entered: 11/30/2005)
15 Notice of Service re: INITIAL DISCLOSURES pursuant to Rule 26 by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 2/10/2006 (afb, ). (Entered: 11/30/2005)
16 ORDER, Setting Hearings Pretrial Conference set for 1/11/2007 at 01:00 PM in Courtroom 4B before Honorable Joseph J. Farnan, Jr.; Trial will be scheduled at the Pretrial Cnf. to commence within 120 days of the pretrial cnf.; Signed by Judge Joseph J. Farnan, Jr. on 12/01/05. (afb, ) (Entered: 12/01/2005)
17 NOTICE OF SERVICE of Initial Disclosures by Lowe's Home Centers Inc..(Primack, David) (Entered: 12/01/2005)
SO ORDERED, re 14 Stipulation to Amend Dispositive Motion ddl. from 10/31/05 to 10/31/06 filed by Equal Employment Opportunity Commission, . Signed by Judge Joseph J. Farnan, Jr. on 12/01/05. (afb, ) (Entered: 12/01/2005)
Set/Reset Scheduling Order Deadlines: Dispositive Motions due by 10/31/2006 per D.I. 14. (afb, ) (Entered: 12/01/2005)
18 ORDER Setting Mediation Conferences: Mediation Conference set for 6/26/2006 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 1/3/2006. (cab, ) (Entered: 01/03/2006)
19 Notice of Service re:First INTERROGATORIES Propounded to Defendant Lowe's Home Center's Inc. by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 1/27/2006 (afb, ). (Entered: 01/26/2006)
20 Notice of Service re: REQUEST for Production of Documents directed to Defendant Lowe's Home Center's, Inc. by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 1/27/2006 (afb, ). (Entered: 01/26/2006)
CORRECTING ENTRY: Clerk updated docket entries (D.I. 19 and 20) to reflect Notice of Service. (afb, ) (Entered: 01/27/2006)
21 CERTIFICATE OF SERVICE of Defendant Lowe's Home Centers, Inc.'s First Request for Production of Documents and First Set of Interrogatories Directed to Plaintiff Equal Employment Opportunity Commission by Lowe's Home Centers Inc. (Primack, David) (Entered: 02/02/2006)
22 Notice of Service re: Second INTERROGATORIES Propounded to Defendant Lowe's by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 2/10/2006 (afb, ). (Entered: 02/09/2006)
23 Notice of Service re: REQUEST for Production of Documents directed to Defendant Lowe's by Equal Employment Opportunity Commission.(Marino, Stephanie) Modified on 2/10/2006 (afb, ). (Entered: 02/09/2006)

4 of 7

5/31/2007 3:59 PM

CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?121577278018809-L_35...

02/10/2006 03/20/2006 03/20/2006 03/22/2006 03/22/2006 03/22/2006 04/12/2006
04/13/2006 04/20/2006 04/26/2006 05/01/2006 05/01/2006 06/01/2006

CORRECTING ENTRY: Clerk updated docket text of D.I. 15, 22 and 23 to reflect Notice of Services filed. (afb, ) (Entered: 02/10/2006)
24 NOTICE OF SERVICE of Responses and Objections to Defendant's First Set of Interrogatories by Equal Employment Opportunity Commission.(Marino, Stephanie) (Entered: 03/20/2006)
25 NOTICE OF SERVICE of Responses and Objections to Defendant's First Request for Production of Documents by Equal Employment Opportunity Commission.(Marino, Stephanie) (Entered: 03/20/2006)
26 NOTICE OF SERVICE of Defendant Lowe's Home Centers, Inc.'s Responses and Objections to Plaintiff's First Set of Interrogatories and Privilege Log by Lowe's Home Centers Inc..(Primack, David) (Entered: 03/22/2006)
27 NOTICE to Take Deposition of Linda Whitmore on Friday, April 28, 2006 at 10:00 a.m. by Lowe's Home Centers Inc..(Primack, David) (Entered: 03/22/2006)
28 NOTICE to Take Deposition of Linda Whitmore on Friday, April 28, 2006 at 10:00 a.m. (Revised Notice of Deposition - Videotape) by Lowe's Home Centers Inc..(Primack, David) (Entered: 03/22/2006)
29 MOTION for Extension of Time to Rule 37 Motion to Allow Enlargement of Time To Take Deposition of Linda Whitmore - filed by Lowe's Home Centers Inc.. (Attachments: # 1 Exhibit Certification of Counsel# 2 Text of Proposed Order Order# 3 Exhibit Certificate of Service)(Primack, David) (Entered: 04/12/2006)
30 RESPONSE to Motion re 29 MOTION for Extension of Time to Rule 37 Motion to Allow Enlargement of Time To Take Deposition of Linda Whitmore filed by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service# 2 Text of Proposed Order)(Marino, Stephanie) (Entered: 04/13/2006)
31 ORDER that Defendant is permitted to depose Linda Whitmore, for up to fourteen (14) hours over a two-day period. Signed by Judge Joseph J. Farnan, Jr. on 04/20/06. (afb, ) (Entered: 04/20/2006)
32 NOTICE OF SUBSTITUTION OF COUNSEL re Equal Employment Opportunity Commission: Entry of appearance of attorney Douglas Edward McCann. Attorney Rudolph Contreras terminated. (McCann, Douglas) (Entered: 04/26/2006)
33 NOTICE OF SERVICE of Supplemental Initial Disclosures pursuant to Rule 26. re 15 Initial Disclosures by Equal Employment Opportunity Commission. Related document: 15 Initial Disclosures filed by Equal Employment Opportunity Commission,.(Marino, Stephanie) (Entered: 05/01/2006)
34 NOTICE OF SERVICE of Supplemental Document Production re 25 Notice of Service by Equal Employment Opportunity Commission. Related document: 25 Notice of Service filed by Equal Employment Opportunity Commission,.(Marino, Stephanie) (Entered: 05/01/2006)
35 NOTICE to Take Deposition of Donovan, Lawrence, Thomson, Hinch, Buzzurro, Anderson, West & Boyell on 6/29/06, 7/6/06, 7/11/06, 7/14/06 & 7/20/06 by Equal Employment Opportunity Commission. (Attachments: # 1 Deposition

5 of 7

5/31/2007 3:59 PM

CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?121577278018809-L_35...

06/01/2006 06/29/2006 07/05/2006 07/06/2006
07/06/2006 07/06/2006 07/17/2006
07/18/2006 08/29/2006 08/29/2006 08/29/2006 09/28/2006 10/03/2006
10/03/2006

Notice)(Marino, Stephanie) (Entered: 06/01/2006)
36 NOTICE OF SERVICE of Supplemental Rule 26 Disclosures and Supplemental Answers to Defendant's Interrogatories by Equal Employment Opportunity Commission.(Marino, Stephanie) (Entered: 06/01/2006)
37 First MOTION for Extension of Time to Complete Discovery (Stipulation of Counsel) - filed by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Marino, Stephanie) (Entered: 06/29/2006)
38 STIPULATION of Dismissal of Plaintiff's claims brought under U.S.C. sections 2000e et seq. by Lowe's Home Centers Inc.. (Primack, David) (Entered: 07/05/2006)
SO ORDERED, re 38 Stipulation of Voluntary Dismissal of all of Pltf.'s claims brought under U.S.C. 2000e et seq. alleging gender based harassment or hostile work environment, including without limitation all claims related to and arising out of the allegations of paragraph 7(b) of the Complaint, shall be dismissed forthwith with prejudice, without costs. Signed by Judge Joseph J. Farnan, Jr. on 07/06/06. (afb, ) (Entered: 07/07/2006)
CASE CLOSED per D.I. 38. (afb, ) (Entered: 07/10/2006)
CORRECTING ENTRY: Case was closed in error. Case is reopened. (afb, ) (Entered: 07/13/2006)
39 ORDER, Pretrial Conference reset for 2/1/2007 09:30 AM in Courtroom 4B before Honorable Joseph J. Farnan, Jr. Signed by Judge Joseph J. Farnan, Jr. on 7/17/06. (maw, ) Additional attachment(s) added on 7/18/2006 (maw, ). (Entered: 07/18/2006)
40 ORDER: Fact Discovery due by 9/30/2006. Dispositive Motions due by 11/30/2006. Signed by Judge Joseph J. Farnan, Jr. on 7/18/06. (maw, ) (Entered: 07/19/2006)
41 First MOTION to Intervene - filed by Equal Employment Opportunity Commission. (Martin, Jeffrey) (Entered: 08/29/2006)
42 PROPOSED ORDER Order on Intervening Party's Motion for Intervention by Equal Employment Opportunity Commission. (Martin, Jeffrey) (Entered: 08/29/2006)
43 CERTIFICATE OF SERVICE of Certificate of service on Motion to Intervene by Equal Employment Opportunity Commission (Martin, Jeffrey) (Entered: 08/29/2006)
44 STIPULATION of Dismissal (Voluntary) pursuant to F.R.C.P. 41(a)(1) by Equal Employment Opportunity Commission. (Marino, Stephanie) (Entered: 09/28/2006)
45 Stipulation of Voluntary Dismissal by Equal Employment Opportunity Commission, Lowe's Home Centers Inc. Each party shall bear its own attorney's fees and costs. Signed by Judge Joseph J. Farnan, Jr.(dab, ) Modified on 10/3/2006 (dab, ). (Entered: 10/03/2006)
CORRECTING ENTRY: Text added to DI #45 (dab, ) (Entered: 10/03/2006)

6 of 7

5/31/2007 3:59 PM

CM/ECF LIVE - U.S. District Court:ded - Docket Report

https://ecf.ded.uscourts.gov/cgi-bin/DktRpt.pl?121577278018809-L_35...

10/23/2006 11/02/2006

46 Letter to Judge Farnan from both counsel regarding Stipulation of Voluntary Dismissal - re 45 Notice of Voluntary Dismissal. (Martin, Jeffrey) (Entered: 10/23/2006)
47 ORDER GRANTING re 41 First MOTION to Intervene filed by Equal Employment Opportunity Commission and that Intervening Party is granted leave to file Complaint in Intervention. ORDER, Setting Deadlines: Notice of Compliance deadline set for 11/22/2006. Signed by Judge Joseph J. Farnan, Jr. on 11/2/06. (dab, ) (Entered: 11/03/2006)

PACER Service Center

Transaction Receipt

05/31/2007 16:58:42

PACER Login:

hs0328

Client Code:

eeoc

Description:

Docket Report

Search Criteria:

1:05-cv-00373-JJF Start date: 1/1/1970 End date: 5/31/2007

Billable Pages:

4

Cost:

0.32

7 of 7

5/31/2007 3:59 PM