,. , ,

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Drc - 8 (005 /'t)

EQUAL EMPLOYMENT OPPORTUNITY )

"~Ui~Wlulfr

COMMISSION,

)

)

CIVIL ACTION NO.

Plaintiff,

)

)

JUDGE FILIP

v.

)

COMPLAlNT

) )

05C 6910

AUTONATlON, INC.

)

JURY TRIAL DEMAND

)

Defendant.

)

)

NATURF; OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §

2000e eI seq. ("Title VIl"), and Title I of the Civil Rights Act ofl991, 42 U.S.C. § 1981a, to

correct unlawtul employment practices on the basis or race, religion and national origin, and to

provide appropriate relief to Halit Macit ("Macit") a class of employees who were adversely

atTected by such practices. PlaintifflJ.S. Equal Employment Opportunity Commission (the

"EEOC" or "Commission") alleges that Defendant AutoNation, Inc. ("Defendant" or

"AutoNation") discriminated against Macil by subjecting him to harassment because of his

religion and national origin, and a class of employees by subjecting them to harassment because

of their race, non~white, and threatening them with termination if they complained about the

harassment.

,JURISDICTION AND VENUE

1. Jurisdiction of this court is invoked pursuantto 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. § 20000-5(f)(1) and (3), and Section 102 of the Civil Rights Act of) 991,42 U.S.c. §1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction ofthe United States Districl Court for the Northern District of Illinois, Easlern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity 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 Sections 706(i)(1) and (3) of Title
VII, 42 U.S.C. §§ 2000e-5(f)(l) and (3). 4. At all relevant limes, Defendant was continuously been doing business in the
Stale of Illinois and lhe City of ElmhLLrst, and has continuously had at least fifteen (15) employees.
5. At all relevant times. Defendant has continuously been an employer engaged in an industry atIecling commerce within the meaning of Seclions 701(b), (g) and (h) of TitIe VII, 42 U.S.c. § 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Madt filed a charge with the Commission alleging violations of Title VII by Defendant. An conditions precedent to lhe institution of this lawsuil have been fulfilled. 7. Since at least 2002, Defendant engaged in unlawful employment practices in
violation of Section 703(a). 42 U.S.C. !i 2000e-2(a). Such unlawful employment practices
2

include: 1) subjecting Macit to harassment because of his religion, Muslim; 2) subjecting Macit to harassment because of his national origin, Turkey; and 3) subjecting a class of affected employees to harassment because of their race, non-white, and threatening them with termination if they complained about the harassment.
S, The result of thc practices complained ofin paragraph seven (7) above has been to deprive Macit and a class of affected employees of equal employment opportunities and otherwise adversely affect their status as emp]oyces because of their race, religion and/or national origin.
9. The unlawful employment practices complained of in paragraph seven (7) were intentional.
10. The unlawful employment practices complained of in paragraph seven (7) above were done with malice or with reckless indifference to the federally protected rights of Macit and a class of atlected employees.
PRAYRR FOR RELIEF
WHEREFORE, the Commission respectfully requests that this Court: A. Granl a pemlanent injunction enjoining Defendant, 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 race, religion and/or national origin; B. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against any employee for participating in protected activity; C. Order Defendant to institute and carry out policies, practices, and programs which
3

eradicate the effects of its past and present unlawful employment practices;

D. Order Defendant to makc whole Macit and a class of affected employees by

providing compensation for past and future pccuniary losses resulting from the unlawful

employmcnt practices described above, in amounts to be determined at trial;

E. Order Defendant to make whole Macit and a class of affected employees by

providing compensation for past and future non-pecuniary losses, including emotional pain,

suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to bc determined

at trial; F.

Order Defendant to pay Macit and a class or affectcd employees punitive danlages

for its malicious andlor reckless conduct described above, in amounts to be determined at trial;

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

interest; and II. Award the Commission its costs in this action.

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.

4

Respectfully submitted,
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

.1' ~ &~L~

Diane L Smason Supervisory Trial Attorney

14C~ e-Q~

Aaron R. DeCamp Trial AUorney

~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7582

5

 
 F I LED

IN mE UNITED STATES DISTRICT COURT

MAR 0 8 Z006

FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

MICHAEL W. DOBBINS CLERK, U.S. DISTRICT COURT

EQUALEMWLOYMENTOPPORTUMITY )

COMMISSION,

)

)

Plaintiff,

)

CASE NO. 05 C 6910

)

v.

)

FIRST AMENDED COMWLAINT

)

AUTONATION, INC. AND ELMHURST AUTO MALL, INC. D/B/A ELMHURST KIA
Defendants.

)

)

JURy TRIAL DEMAND

)

)

)

)

)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S .C. §

2000e et llil. ("Title VII"), and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a, to

correct unlawful employment practices on the basis of race, religion and national origin, and to

provide appropriate relief to Halit Macit ("Macit") a class ofemployees who were adversely

affected by such practices. PlaintiffU.S. Equal Employment Opportunity Commission ("EEOC"

or "Commission") alleges that Defendants AutoNation, Inc. ("AutoNation) and Elmhurst Auto

Mall, Inc. d/b/a Elmhurst Kia ("Elmhurst Kia") discriminated against Macit by subjecting him to

harassment because of his religion and national origin, and a class of employees by subjecting

them to harassment because of their race, non-white, and threatening them with termination if

they complained about the harassment.

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(1)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(1)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §198Ia. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity 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 Sections 706(1)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(I) and (3). 4. At all relevant times, AutoNation was continuously been doing business in the State of Illinois and the City of Elmhurst, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Elmhurst Kia was continuously been doing business in the State of Illinois and the City of Elmhurst, and has continuously had at least fifteen (15) employees. 6. At all relevant times, AutoNation 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

t..... _ _ v...... I .V-V-V'II -VU'V

_____ .•. __ _

7. At all relevant times, Elmhurst Kia 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).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Macit filed a charge with the Commission alleging violations of Title VII by AutoNation. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least 2002, AutoNation engaged in unlawful employment practices in violation of Section 703(a), 42 U.S.c. § 2000e-2(a). Such unlawful employment practices include: 1) subjecting Macit to harassment because of his religion, Muslim; 2) subjecting Macit to harassment because of his national origin, Turkey; and 3) subjecting a class of affected employees to harassment because of their race, non-white, and threatening them with termination if they complained about the harassment. 10. Since at least 2002, Elmhurst Kia engaged in unlawful employment practices in violation of Section 703(a), 42 U.S.C. § 2000e-2(a). Such unlawful employment practices include: 1) subjecting Macit to harassment because of his religion, Muslim; 2) subjecting Macit to harassment because of his national origin, Turkey; and 3) subjecting a class of affected employees to harassment because of their race, non-white, and threatening them with termination if they complained about the harassment. 11. The result of the practices complained of in paragraphs nine (9) and ten (10) above has been to deprive Macit and a class of affected employees of equal employment
3

opportunities and otherwise adversely affect their status as employees because of their race, religion and/or national origin.
12. The unlawful employment practices complained of in paragraphs nine (9) and ten (10) were intentional.
13. The unlawful employment practices complained of in paragraphs nine (9) and ten (10) above were done with malice or with reckless indifference to the federally protected rights of Macit and a class of affected employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining AutoNation, 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 ofrace, religion and/or national origin; B. Grant a permanent injunction enjoining Elmhurst Kia, 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 ofrace, religion and/or national origin; C. Grant a permanent injunction enjoining AutoNation, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against any employee for participating in protected activity; D. Grant a permanent injunction enjoining Elmhurst Kia, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against any employee for participating in protected activity; E. Order AutoNation to institute and carry out policies, practices, and programs
4

which eradicate the effects of its past and present unlawful employment practices; F. Order Elmhurst Kia to institute and carry out policies, practices, and programs
which eradicate the effects of its past and present unlawful employment practices; G. Order AutoNation to make whole Macit and a class of affected employees by
providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial;
H. Order Elmhurst Kia to make whole Macit and a class of affected employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial;
I. Order AutoNation to make whole Macit and a class of affected employees by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial;
J. Order Elmhurst Kia to make whole Macit and a class of affected employees by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, loss of enj oyment of life and humiliation, in amounts to be determined at trial;
K. Order AutoNation to pay Macit and a class of affected employees punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial;
L. Order Elmhurst Kia to pay Macit and a class of affected employees punitive damages for its malicious andlor reckless conduct described above, in amounts to be determined
5

at trial; G. Grant such further relief as the Court deems necessary and proper in the public
interest; and H. Award the Commission its costs in this action.
JURy TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
js/ John C. Hendrickson_(with consent}_ John C. Hendrickson Regional Attorney
js/ Diane I. Smason_(with consent}_ _
Diane I. Smason Supervisory Trial Attorney
jsl Aaron R. DeCamp_ _ _ _ _ __ Aaron R. DeCamp Trial Attorney
6

r"'_ -
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7582
7

 
 Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge or Magistrate Judge
CASE NUMBER
CASE TITLE

Mark Filip 05 C 6910

Sitting Judge if Other than Assigned Judge
DATE
E.E.O.C. vs. Autonation, Inc., et al.

4/6/2006

DOCKET ENTRY TEXT
For the reasons stated below, the motion to dismiss (D.E. 21) of Defendant, Autonation, Inc., is respectfully denied.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
The motion to dismiss of Defendant, Autonation, Inc. (“Defendant”) is respectfully denied. A complaint should not be dismissed for failure to state a claim under Rule 12(b)(6) unless it is clear that the plaintiff would not be entitled to legal relief under any set of facts that could be proven consistent with the allegations of the complaint. See, e.g., Conley v. Gibson, 355 U.S. 41, 45-46 (1957). In evaluating a motion to dismiss, the court must accept as true all facts alleged in the complaint and make all reasonable inferences in favor of the plaintiff. See, e.g., Singer v. Pierce & Assocs., P.C., 383 F.3d 596, 597 (7th Cir. 2004); Higgs v. Carver, 286 F.3d 437, 439 (7th Cir. 2002).
Accepting as true all facts alleged in the complaint, the plaintiff has stated a claim upon which relief can be granted. Defendant contends as a matter of fact that it has never had fifteen employees and therefore is not an employer for purposes of Title VII. (D.E. 23 at 4.) However, in evaluating the motion to dismiss, the Court must accept the allegations of the complaint as true. The complaint specifically alleges that Defendant “has continuously had at least fifteen (15) employees.” (D.E. 17, Ex. A ¶ 4.) Therefore the complaint sufficiently alleges a Title VII allegation. Moreover, any disputed factual issue in this regard does not go to the subject matter jurisdiction of the court, but rather relates to whether the EEOC ultimately can prove its case as a matter of fact. See Arbaugh v. Y & H Corp, Inc., 126 S. Ct. 1235, 1245 (U.S. Feb. 22, 2006). Such subjects are not resolved via Rule 12(b)(6), at least where there are averments consistent with a conclusion in favor of the plaintiff. (Again, in this instance, the EEOC specifically alleges that Defendant has always employed the requisite number of employees.)
The affidavit submitted by Defendant is support of its motion is outside the pleadings and cannot be considered on a motion to dismiss. (D.E. 23, Ex. C.) A motion to dismiss is not the vehicle for resolving factual disputes. See, e.g., Walker v. Nat’l Recovery, Inc., 200 F.3d 500, 503-04 (7th Cir. 1999); Johnson v. Revenue Mgm’t Corp., 169 F.3d 1057, 1059 (7th Cir. 1999) (“[A] claim may fail on the facts, but assessing

05C6910 E.E.O.C. vs. Autonation, Inc., et al.

Page 1 of 2

STATEMENT
factual support for a suit is not the office of Rule 12(b)(6).”). Materials outside of the pleadings, such as affidavits submitted to prove or disprove the veracity of allegations, are not considered in connection with a Rule 12(b)(6) motion. See, e.g., Albany Bank & Trust Co. v. Exxon Mobil Corp. 310 F.3d 969, 971 (7th Cir. 2002); 2-12 Moore’s Federal Practice § 12.34[2] (2006).
Defendant’s principal objection appears to be that it never employed fifteen employees. (D.E. 23 at 4.) That may (or may not) be true, but the EEOC has specifically alleged that Defendant has always had at least fifteen employees for purposes of Title VII, and that allegation must be credited at this stage. Defendant cites EEOC v. K&J Mgm’t, Inc., No. 99 C 8116, 2000 WL 34248366 (N.D. Ill. June 8, 2000), in support of its contention that the claims against Defendant can properly be resolved via Rule 12(b)(6). K&J Mgm’t, however, involved a materially different scenario, as the plaintiff-intervenors in that case conceded that the defendant did not employ fifteen people. Id., 2000 WL 34248366, at *6. To the extent K&J Mgm’t could be read to suggest that the EEOC must meet some heightened pleading standard beyond that already satisfied by the EEOC, that position cannot be squared with the Seventh Circuit’s present teaching. See, e.g., Higgs, 286 F.3d at 439 (collecting authorities, including Kirksey v. R.J. Reynolds Tobacco Co., 168 F.3d 1039, 1041 (7th Cir. 1999)).
Defendant also appears to argue that the complaint does not, in Defendant’s view, sufficiently allege that Defendant employed Mr. Halit Macit or any of the putative class members referenced in the complaint. (D.E. 23 at 5.) However, the EEOC is entitled to the benefit of any set of reasonable inferences and/or hypothesized facts at this stage of the litigation, so long as they are not inconsistent with the allegations in the complaint. See, e.g., Conley, 355 U.S. at 45-46; Higgs, 286 F.3d at 439. The EEOC certainly has not “pleaded itself out of court” by offering averments that establish that Defendant did not employ Mr. Macit or the other putative class members; for purposes of Rule 12(b)(6), that is enough.
Finally, the Court notes that it has discretion to convert a Rule 12(b)(6) motion into a motion for summary judgment where the putative motion to dismiss relies on proffered factual materials outside the pleadings. See Fed. R. Civ. P. 12(b)(6), Advisory Committee Notes concerning 1946 Amendment. In the instant case, the Court declines to so convert the motion. Employer/employee issues under Title VII often involve detail-intensive factual development and review, and the page-and-a-half affidavit submitted in connection with the mislabeled Rule 12(b)(6) motion does not suggest that the factual record has been fully presented. Moreover, converting the 12(b)(6) motion into a Rule 56 motion likely would simply meet with a Rule 56(f) request by the EEOC, which has not had any discovery to date. Accordingly, Defendant’s Rule 12(b)(6) motion is respectfully denied, and Defendant is directed to answer the operative complaint within twenty days of this order.

05C6910 E.E.O.C. vs. Autonation, Inc., et al.

Page 2 of 2

 
 Case 1:05-cv-06910 Document 93 Filed 06/18/2007 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plainti ff,

)

)

and

)

)

HALIT MACIT

)

)

Intervener

)

v.

)

)

AUTONATION CORPORATE

)

MANAGEMENT, LLC AND

)

ELMHURST AUTO MALL, INC. d/b/a )

ELMHURST KIA,

)

)

Defendants.

)

Case No. 05 C 6910
Judge Mark Filip Magistrate Judge Jeffrey Cole

CONSENT DECREE

THE LITIGATION

I. Plaintiff Equal Employment Opportunity Commission ("EEOC") filed this action

alleging that Defendants AutoNation Corporate Management, LLC ("AutoNation") and Elmhurst

Auto Mall, Inc., d/b/a Elmhurst Kia ("Elmhurst Kia") (collectively "Defendants"), violated Title

VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e et seq. ("Title VII"), and

Title I of the Civil Rights Act of 1991, 42 U.S.c. § 1981a, by subjecting Charging Party Halit

Macit to harassment because of his national origin, Turkey, and religion, Muslim.

2. Defendants filed an answer in which they denied the allegations in the Complaint.

3. In the interest of resolving this matter, and as a result of having engaged in

comprehensive settlement negotiations, the parties have agreed that this action should be finally

resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally

resolves any and all issues and claims arising out of the Complaint filed by EEOC and the

Case 1:05-cv-06910 Document 93 Filed 06/18/2007 Page 2 of 8
underlying EEOC charge filed by Macit. Nothing in this Decree shall be deemed to constitute an admission by any party with respect to the claims or defenses of the other.
FINDINGS 4. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court finds the following:
a. This Court has jurisdiction over the subject matter of this action and over the parties.
b. The terms of this Decree are adequate, fair, reasonable, equitable, and just. The rights of EEOC, Defendants, the Plaintiff-Intervener and the public interest are adequately protected by this Decree.
c. This Decree conforms with the Federal Rules of Civil Procedure, Title VII, and is not in derogation of the rights or privileges of any person. The entry of this Decree will further the objectives of Title VII and will be in the best interests of the parties and the pUblic.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: INJUNCTIVE RELIEF
5. Defendants, their officers, agents, employees, successors, assigns and all persons acting in concert with them shall not: (a) engage in any employment practice that discriminates on the basis of national origin; (b) engage in any employment practice that discriminates on thc basis of religion; (c) engage in or be a party to any action, policy or practice that is intended to or is known to them to have the effect of harassing employees on the basis of national origin or religion; and/or (d) create, facilitate or tolerate the existence of a work environment that is hostile to employees based upon national origin or religion.
2
345()h(l. I

Case 1:05-cv-06910 Document 93 Filed 06/18/2007 Page 3 of 8
6. Defendants, their officers, agents, employees, successors, assigns and all persons acting in concert with them shall not engage in any form of retaliation against any person because such person has opposed any practice made unlawful under Title VII, filed a Charge of Discrimination under Title VII, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree.
MONETARY RELIEF 7. Defendants shall pay monetary damages totaling $53,750.00 to Halit Macit. 8. Payment to Macit shall be in a manner and on terms separately agreed to by Defendants, Macit and his counsel, Chris Langone and Mark Lavery. EEOC has had no role in negotiating, is not a party to, and has not approved the terms of the agreement entered into by Macit, who has been counseled by Langone and Lavery with respect thereto.
POSTING OF NOTICE 9. Within ten (\0) business days following entry of this Decree, AutoNation shall post copies of the Notice (attached hereto as Exhibit A) to this Decree at AutoNation's Chicago Market Office. AutoNation shall post this Notice on the bulletin boards usually used by AutoNation for communicating with its human resources personnel. The Notice shall remain posted for two years from the date of entry of this Decree. AutoNation shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. AutoNation shall certify to EEOC in writing within ten (10) business days after entry of the Dccree that the Notice has been properly posted. AutoNation shall permit a representative of EEOC to enter AutoNation's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
3
34.'i()66,1

Case 1:05-cv-06910 Document 93 Filed 06/18/2007 Page 4 of 8
TRAINING 10. During each year covered by this Decree, all employees at AutoNation's Chicago Market Office shall participate in a training session conducted by a trainer paid for by AutoNation and provided by Franczek Sullivan P.c. regarding national origin and religious harassment, retaliation, and AutoNation's policies regarding the proper method to handle such complaints of discrimination. The first training shall take place within ninety (90) days of entry of this Decree. II. AutoNation shall submit all proposed training materials to EEOC at least fifteen (IS) business days prior to the proposed date(s) of the training. EEOC shall have five (S) business days from the date of receipt of the information described above to accept or reject the proposed training session. In the event EEOC does not approve AutoNation's designated materials, AutoNation shall have five (S) business days to propose modifications or amendments to the training materials. EEOC shall have five (S) business days from the date of receipt of the information described above to accept or reject the materials. If the parties cannot through this process agree on the training, then they may seek the Court's assistance under '\lIS. 12. AutoNation shall certify to EEOC in writing within five (S) business days after the training has occurred that the training has taken place and that the required personnel have attended. Such certification shall include: (i) the date, location and duration of the training; and (ii) a copy of the registry of attendance, which shall include the name and position of each person in attendance. 13. AutoNation shall also provide EEOC with any and all copIes of pamphlets. brochures, outlines or other written material(s) provided to the participants of the training session(s).
4
345()66,1

Case 1:05-cv-06910 Document 93 Filed 06/18/2007 Page 5 of 8
14. Prior to the trainings, the trainer shall be allowed to familiarize himseltlherself with the allegations of this case by means of communicating with counsel for either party or reviewing documents provided by counsel of either party.
DISPUTE RESOLUTION 15. In the event that either party to this Decree believes that the other party has failed to comply with any provision(s) of the Decree, the complaining party shall notify the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfy the complaining party that the alleged noncomplying party has complied. If the alleged non-complying party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 16. All provisions of this Decree shall be in effect in AutoNation's Chicago Market (and the Court will retain jurisdiction of this matter to enforce this Decree) for a period of two years trom the date of entry of this Decree provided, however, that if at the end of that period any disputes under '1115 above remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS 17. Each party to this Decree shall bear its own expenses, attorney's fees and costs. 18. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns and successors of AutoNation. 19. If any provision(s) of the Decree are found to be unlawful, only such provision(s) shall be severed, and the remainder of the Decree shall remain in full force and effect.
5

Case 1:05-cv-06910 Document 93 Filed 06/18/2007 Page 6 of 8
20. When this Decree requires a certification by AutoNation of any tact(s), such certification shall be made under oath or penalty of peIjury by an officer or management employee of AutoNation.
21. The terms of this Decree shall be binding upon the present and future directors, officers, managers, agents, successors and assigns of AutoNation. AutoNation, and any successor(s) of AutoNation, shall provide a copy of this Decree to any organization or person who proposes to acquire or merge with AutoNation, or any successor of AutoNation, prior to the effectiveness of any such acquisition or merger. This paragraph shall not be deemed to limit any remedies available in the event of any finding by the Court regarding a violation of this Decree.
22. When this Decree requires the submission by AutoNation of reports, certifications, notices, or other materials to EEOC, they shall be mailed to: AutoNation Title VII Settlement, c/o Aaron DeCamp, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by EEOC of materials to AutoNation, they shall be mailed to Michael A. Warner, Jr., Franczek Sullivan P.c., 300 South Wacker Drive, Chicago, Illinois 60606. For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, DC 20507 RONALD COOPER General Counsel JAMES LEE Deputy General Counsel For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 W. Madison Street, Suite 2800 Chicago, IL 60661 (312) 353-8558
6
.14506/l I

Case 1:05-cv-06910 Document 93

ohn Hendrickson

ARDC #1187589

Attorney for Plaintiff

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Chicago District Office

500 West Madison Street, Suite 2800

Chicago, IL 60661

Telephone: (312) 353-8551

Fax: (312) 353-8555

-Mail: ·ohn.h nd ·ckson

ov

Filed 06/18/2007 Page 7 of 8

~/

lAfe0 ~ Q~7

~n R. DeCamp

~

ARDC #6282725

.~

Attorney for Plaintiff

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Chicago District Office

500 West Madison Street, Suite 2800

Chicago, IL 60661

Telephone: (312) 353-7582

Fax: (312) 353-8555

E-Mail: aaron.decamp@eeoc.gov

l
Diane I. Smason ARDC #6626130 Attorney for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Chicago District Office 500 West Madison Street, Suite 2800 Chicago, IL 60661 Telephone: (312) 353-7526 Fax: (312) 353-8555 E-Mail: diane.smason@eeoc.gov

ENTER:
The Honorable Judge Jeffery Cole United States Magistrate Judge

7
345066 I

Case 1:05-cv-06910 Document 93 Filed 06/18/2007 Page 8 of 8

EXHIBIT A

NOTICE TO AUTONATION HUMAN RESOURCES EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. AutoNation Corporate Management, LLC and Elmhurst Auto Mall (d/b/a Elmhurst Kia), No. 05 C 6910, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against AutoNation Corporate Management, LLC ("AutoNation") and Elmhurst Kia.

In its suit, EEOC alleged that a Turkish and Muslim employee of Elmhurst Kia, a dealership formerly owned by AutoNation until the dealership was sold in 2003, was subjected to a hostile work environment based upon his national origin and religion. AutoNation and Elmhurst Kia filed an Answer in which they denied the allegations.

To resolve the case, AutoNation, Elmhurst Kia and EEOC have entered into a Consent Decree which provides, among other things, that:

1) AutoNation will pay monetary relief totaling $53,750.00 to the former Elmhurst Kia employee;

2) AutoNation shall not discriminate against employees on the basis of national origin or religion or subject employees to harassment based on national origin or religion;

3) AutoNation shall not retaliate against any person because (s)he opposed any practice made unlawful by Title VII, filed a Title VII charge of discrimination, participated in any Title VII proceeding, or asserted any rights under the Consent Decree; and

4) AutoNation will provide mandatory training to the employees of AutoNation Corporate Management, LLC in its Chicago Market Office regarding national origin and religious harassment, retaliation, and AutoNation's policies regarding such discrimination.

EEOC enforces the federal laws against discrimination in employment on the basis of race, color, religion, national origin, sex, age of disability. If you believe you have been discriminated against or if AutoNation is not complying with this Decree, you may contact EEOC at (312) 353-2713. EEOC charges no fees and has a TTD number.

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE

This Notice must remain posted for two years from the date below and must not be

altered, defaced or covered by any other material. Any questions about this Notice or

compliance with its terms may be directed to: AutoNation Title VII Settlement, c/o Aaron

DeCamp, EEOC, 500 W. Madison Street, Suite 2800, Chicago, IL 60661.

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Date

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COLE, PROTO, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-06910

Equal Employment Opportunity Commission v. Autonation Inc Assigned to: Honorable Mark Filip Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 12/08/2005 Date Terminated: 06/18/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Aaron R. DeCamp Equal Employment Opportunity Commission 500 W. Madison Street 2800 Chicago, IL 60661 (312)353-7582 Email: aaron.decamp@eeoc.gov ATTORNEY TO BE NOTICED

Diane Ilene Smason United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: diane.smason@eeoc.gov ATTORNEY TO BE NOTICED

V. Defendant

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Autonation Inc TERMINATED: 01/09/2007
Defendant Elmhurst Auto Mall d/b/a Elmhurst Kia

represented by David P. Radelet Franczek Sullivan P.C. 300 South Wacker Drive Suite 3400 Chicago, IL 60606-6785 (312) 986-0300 Email: dpr@franczek.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa M. Spiegler Franczek Sullivan P.C. 300 South Wacker Drive Suite 3400 Chicago, IL 60606-6785 (312) 986-0300 Email: lms@franczek.com TERMINATED: 08/04/2006
Michael A. Warner, Jr. Franczek Sullivan P.C. 300 South Wacker Drive Suite 3400 Chicago, IL 60606-6785 (312) 986-0300 Email: maw@franczek.com ATTORNEY TO BE NOTICED
Thomas J Posey Franczek Sullivan P.C. 300 South Wacker Drive Suite 3400 Chicago, IL 60606-6785 (312) 986-0300 Fax: (312) 986-9192 Email: tjp@franczek.com ATTORNEY TO BE NOTICED
represented by Michael A. Warner, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David P. Radelet (See above for address) ATTORNEY TO BE NOTICED
Lisa M. Spiegler

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Defendant AutoNation Corporate Management, LLC
Intervenor Plaintiff Halit Macit

(See above for address) TERMINATED: 08/04/2006
Thomas J Posey (See above for address) ATTORNEY TO BE NOTICED
represented by David P. Radelet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael A. Warner, Jr. (See above for address) ATTORNEY TO BE NOTICED
Thomas J Posey (See above for address) ATTORNEY TO BE NOTICED

Date Filed 12/08/2005 12/08/2005 12/08/2005 12/08/2005 12/08/2005 12/13/2005

#

Docket Text

1 COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(gcy, ) (Entered: 12/09/2005)
2 CIVIL Cover Sheet. (gcy, ) (Entered: 12/09/2005)
3 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by John C. Hendrickson. (gcy, ) (Entered: 12/09/2005)
4 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Diane Ilene Smason. (gcy, ) (Entered: 12/09/2005)
5 ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Aaron R. DeCamp. (gcy, ) (Entered: 12/09/2005)
6 MINUTE entry before Judge Mark Filip : Status hearing set for 1/24/2006 at 09:30 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report within two days prior to status. (See Judges web page for status report) Mailed notice (tbk, ) (Entered: 12/13/2005)

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01/20/2006 01/27/2006 01/27/2006 01/27/2006 01/30/2006 02/01/2006
02/10/2006 03/01/2006 03/01/2006 03/01/2006 03/03/2006
03/03/2006 03/08/2006

7 MINUTE entry before Judge Mark Filip : Status hearing reset for 2/1/2006 at 09:30 AM. Telephoned notice (tbk, ) (Entered: 01/20/2006)
8 ATTORNEY Appearance for Defendant Autonation Inc by David P. Radelet (Radelet, David) (Entered: 01/27/2006)
9 ATTORNEY Appearance for Defendant Autonation Inc by Lisa M. Spiegler (Spiegler, Lisa) (Entered: 01/27/2006)
10 ATTORNEY Appearance for Defendant Autonation Inc by Thomas J Posey (Posey, Thomas) (Entered: 01/27/2006)
11 STATUS Report and Notice of Filing by Equal Employment Opportunity Commission (DeCamp, Aaron) (Entered: 01/30/2006)
12 MINUTE entry before Judge Mark Filip : Status hearing held on 2/1/2006. Defendant's time to file responsive pleading is extended to and including 3/1/06. Rule 26 disclosures to be exchanged by 3/15/06. Initial written discovery requests to be issued by 3/22/06. Status hearing set for 5/1/2006 at 09:30 AM. No notice (tbk, ) (Entered: 02/01/2006)
13 WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Autonation Inc waiver sent on 12/8/2005, answer due 2/6/2006. (DeCamp, Aaron) (Entered: 02/10/2006)
14 MOTION by Defendant Autonation Inc to dismiss (Posey, Thomas) (Entered: 03/01/2006)
15 NOTICE of Motion by Thomas J Posey for presentment of motion to dismiss14 before Honorable Mark Filip on 3/8/2006 at 09:30 AM. (Posey, Thomas) (Entered: 03/01/2006)
16 MEMORANDUM by Autonation Inc in Support of motion to dismiss14 (Attachments: # 1 Exhibit Exhibits)(Posey, Thomas) (Entered: 03/01/2006)
17 MOTION by Plaintiff Equal Employment Opportunity Commission to amend/correct complaint1 and To File First Amended Complaint, Instanter (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(DeCamp, Aaron) (Entered: 03/03/2006)
18 NOTICE of Motion by Aaron R. DeCamp for presentment of motion to amend/correct, motion for relief17 before Honorable Mark Filip on 3/8/2006 at 09:30 AM. (DeCamp, Aaron) (Entered: 03/03/2006)
19 MINUTE entry before Judge Mark Filip: MOTION by Plaintiff Equal Employment Opportunity Commission to amend and to file First Amended Complaint, Instanter17 is granted. MOTION by Defendant Autonation Inc to dismiss14 is dismissed as moot. Defendant Elmhurst Kia is given to and including 3/24/06 within which to respond to First Amended Complaint. Time for Rule 26 disclosures to be exchanged is extended to and including 4/10/06. Time for Initial written discovery requests to be issued is extended to 4/17/06. Status hearing date of 5/1/06 is stricken and reset to 5/31/06 at 9:30a.m. Mailed notice (jmm, ) (Entered: 03/09/2006)

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03/08/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/27/2006
03/28/2006 03/28/2006 04/06/2006 04/26/2006 06/19/2006
06/19/2006 06/20/2006 06/20/2006 06/20/2006

29 AMENDED complaint by Equal Employment Opportunity Commission against Elmhurst Auto Mall d/b/a Elmhurst Kia, Autonation Inc (gma, ) (Entered: 04/26/2006)
20 ANSWER to Complaint and Affirmative Defenses to First Amended Complaint by Elmhurst Auto Mall d/b/a Elmhurst Kia(Posey, Thomas) (Entered: 03/24/2006)
21 MOTION by Defendant Autonation Inc to dismiss (Posey, Thomas) (Entered: 03/24/2006)
22 NOTICE of Motion by Thomas J Posey for presentment of motion to dismiss21 before Honorable Mark Filip on 4/3/2006 at 10:45 AM. (Posey, Thomas) (Entered: 03/24/2006)
23 MEMORANDUM by Autonation Inc in Support of motion to dismiss21 (Attachments: # 1 Exhibit A - C)(Posey, Thomas) (Entered: 03/24/2006)
24 ATTORNEY Appearance for Defendant Elmhurst Auto Mall d/b/a Elmhurst Kia by Thomas J Posey (Posey, Thomas) (Entered: 03/24/2006)
25 MINUTE entry before Judge Mark Filip : Plaintiff given to and including 4/17/06 within which to file a response to defendant AutoNation's Motion to dismiss21. Defendant AutoNation given until 4/24/06 in which to file a reply brief. Ruling on motion to dismiss21 will be by mail. Status hearing date of 5/31/06 is stricken. Telephoned notice (tbk, ) (Entered: 03/27/2006)
26 ATTORNEY Appearance for Defendant Elmhurst Auto Mall d/b/a Elmhurst Kia by Lisa M. Spiegler (Spiegler, Lisa) (Entered: 03/28/2006)
27 ATTORNEY Appearance for Defendant Elmhurst Auto Mall d/b/a Elmhurst Kia by David P. Radelet (Radelet, David) (Entered: 03/28/2006)
28 MINUTE entry before Judge Mark Filip: For the reasons stated below, the motion to dismiss (D.E. 21) of defendant, Autonation, Inc. is respectfully denied. Mailed notice (jmm, ) (Entered: 04/07/2006)
30 Defendant's Affirmative Defenses and ANSWER to amended complaint by Autonation Inc(Posey, Thomas) (Entered: 04/26/2006)
31 MOTION by Plaintiff Equal Employment Opportunity Commission to compel discovery responses (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(DeCamp, Aaron) (Entered: 06/19/2006)
32 NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel, 31 before Honorable Mark Filip on 6/22/2006 at 09:30 AM. (DeCamp, Aaron) (Entered: 06/19/2006)
33 NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel, 31 before Honorable Jeffrey Cole on 6/27/2006 at 08:30 AM. (DeCamp, Aaron) (Entered: 06/20/2006)
34 MOTION to intervene (Lavery, Mark) (Entered: 06/20/2006)
35 NOTICE of Motion by Mark T. Lavery for presentment of motion to intervene34 before Honorable Mark Filip on 6/27/2006 at 09:30 AM. (Lavery, Mark)

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06/20/2006
06/26/2006 06/26/2006 06/27/2006 06/27/2006
06/30/2006 06/30/2006 07/11/2006 07/18/2006 07/18/2006 07/31/2006 07/31/2006 08/02/2006

(Entered: 06/20/2006)
36 EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Jeffrey Cole for discovery motion-EEOC's motion to compel defendants to respond to EEOC's discovery requests. Signed by Judge Executive Committee on 6/20/06. (mjc, ) (Entered: 06/22/2006)
37 MOTION by Defendant Elmhurst Auto Mall d/b/a Elmhurst Kia to compel discovery (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Posey, Thomas) (Entered: 06/26/2006)
38 NOTICE of Motion by Thomas J Posey for presentment of motion to compel37 before Honorable Jeffrey Cole on 6/29/2006 at 08:30 AM. (Posey, Thomas) (Entered: 06/26/2006)
39 MINUTE entry before Judge Mark Filip : Motion of Halit Macit for leave to intervene 34 as Plaintiff-Intervenor in the above-entitled case is Granted. Mailed notice (mjc, ) (Entered: 06/28/2006)
40 MINUTE entry before Judge Jeffrey Cole : Hearing on motion held on 6/27/2006. Plaintiff's motion to compel discovery responses 31 is granted in part as stated in open court. The defendants are given to and including 7/11/2006 to respond to those unresolved portions of the EEOC's motion, and the EEOC shall reply by 7/18/2006. Ruling will be by mail unless otherwise notified. Defendant, Elmhurst Auto Mall's oral motion to withdraw its motion to compel discovery is granted. The motion to compel discovery 37 is withdrawn as stated in open court. Mailed notice by judge's staff. (srb,) (Entered: 06/29/2006)
41 Defendant Elmhurst Kia's Rule 7.1 Disclosure Statement by Elmhurst Auto Mall d/b/a Elmhurst Kia (Posey, Thomas) (Entered: 06/30/2006)
42 Defendant AutoNation, Inc.'s Rule 7.1 Disclosure Statement by Autonation Inc (Posey, Thomas) (Entered: 06/30/2006)
43 RESPONSE by Defendants Elmhurst Auto Mall d/b/a Elmhurst Kia, Autonation Inc to EEOC's Motion to Compel (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Posey, Thomas) (Entered: 07/11/2006)
44 REPLY in Support of its Motion to Compel (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(DeCamp, Aaron) (Entered: 07/18/2006)
45 NOTICE by Equal Employment Opportunity Commission re reply to response to motion44 (DeCamp, Aaron) (Entered: 07/18/2006)
46 MOTION by Intervenor Plaintiff Halit Macit for extension of time (Lavery, Mark) (Entered: 07/31/2006)
47 NOTICE of Motion by Mark T. Lavery for presentment of motion for extension of time46 before Honorable Mark Filip on 8/10/2006 at 09:30 AM. (Lavery, Mark) (Entered: 07/31/2006)
48 MINUTE entry before Judge Mark Filip : MOTION by Intervenor Plaintiff Halit Macit for extension of time46to file his answers to defendant, Elmhurst Auto Mall, Inc.'s First Set of Interrogatories and Document Requests, to and including

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08/03/2006 08/03/2006 08/04/2006
08/04/2006 10/20/2006 10/26/2006 11/17/2006 11/17/2006 11/20/2006 11/20/2006 11/20/2006 11/22/2006

August 30, 2006, is Granted. Telephoned notice (tbk, ) (Entered: 08/02/2006)
49 MOTION by Defendants Elmhurst Auto Mall d/b/a Elmhurst Kia, Autonation Inc for leave to file Substitution of Attorney and Additional Appearance (Attachments: # 1 Exhibit A)(Posey, Thomas) (Entered: 08/03/2006)
50 NOTICE of Motion by Thomas J Posey for presentment of motion for leave to file49 before Honorable Mark Filip on 8/9/2006 at 09:30 AM. (Posey, Thomas) (Entered: 08/03/2006)
51 MINUTE entry before Judge Samuel Der-Yeghiayan : Defendants' motion for leave to file substitution of attorney and additional appearances 49 is granted. Lisa Spiegler is given leave to withdraw her appearance as counsel for defendants. Michael Warner, Jr. is given leave to substitute and file his appearance as additional counsel for defendants. Noticed motion hearing date of 08/09/06 at 9:30 a.m. is stricken. Attorney Michael A. Warner, Jr for Elmhurst Auto Mall d/b/a Elmhurst Kia and Autonation Inc added. Attorney Lisa M. Spiegler terminated. Mailed notice (eav, ) (Entered: 08/07/2006)
52 ATTORNEY Appearance for Defendants Elmhurst Auto Mall d/b/a Elmhurst Kia, Autonation Inc by Michael A. Warner, Jr (eav, ) (Entered: 08/07/2006)
53 MINUTE entry before Judge Mark Filip : Status hearing set for 10/26/2006 at 09:30 AM. Mailed notice (tbk, ) (Entered: 10/20/2006)
54 MINUTE entry before Judge Mark Filip : Status hearing held on 10/26/2006. Status hearing set for 11/28/2006 at 09:30 AM. No notice (tbk, ) (Entered: 10/26/2006)
55 MOTION by Plaintiff Equal Employment Opportunity Commission to compel (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(DeCamp, Aaron) (Entered: 11/17/2006)
56 NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel55 before Honorable Mark Filip on 11/22/2006 at 09:30 AM. (DeCamp, Aaron) (Entered: 11/17/2006)
57 NOTICE of Motion by Aaron R. DeCamp for presentment of motion to compel55 before Honorable Jeffrey Cole on 11/22/2006 at 08:30 AM. (DeCamp, Aaron) (Entered: 11/20/2006)
58 RESPONSE by Defendants Elmhurst Auto Mall d/b/a Elmhurst Kia, Autonation Inc to motion to compel55 To Production of Documents and Corporate Agents Pursuant to Rule 30(b)(6) (Attachments: # 1 Exhibit A)(Posey, Thomas) (Entered: 11/20/2006)
59 MINUTE entry before Judge Mark Filip :Executive Committee Order of 6/20/2006 is enlarged to include the referral of Motion to Compel 55. Mailed notice (gej, ) (Entered: 11/21/2006)
67 MINUTE entry before Judge Jeffrey Cole: Motion hearing held on 11/22/2006. Plaintiff's Motion to compel production of documents 55 is granted in part and denied in part as stated in open court. Defendants are ordered to comply with outstanding discovery request and document production by the close of business on 12/6/2006. Mailed notice by judge's staff. (srb,) (Entered: 01/09/2007)

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11/28/2006 12/12/2006 12/12/2006 12/13/2006 12/13/2006 12/28/2006 12/28/2006 01/09/2007
01/09/2007 01/23/2007 01/23/2007 01/23/2007 01/23/2007 01/23/2007 02/09/2007

60 MINUTE entry before Judge Mark Filip : Status hearing held on 11/28/2006. Discovery to be completed on or before 2/26/07. Status hearing set for 1/9/2007 at 09:30 AM. Mailed notice (tbk, ) (Entered: 11/28/2006)
61 MOTION by Defendants Elmhurst Auto Mall d/b/a Elmhurst Kia, Autonation Inc for protective order For Entry of Agreed Protective Order (Attachments: # 1 Exhibit A)(Posey, Thomas) (Entered: 12/12/2006)
62 NOTICE of Motion by Thomas J Posey for presentment of motion for protective order61 before Honorable Mark Filip on 12/19/2006 at 09:30 AM. (Posey, Thomas) (Entered: 12/12/2006)
63 MINUTE entry before Judge Mark Filip : Defendants' Motion for entry of Agreed Protective Order 61 is granted. Enter Agreed Protective Order. Mailed notice (gej, ) (Entered: 12/15/2006)
64 AGREED PROTECTIVE Order Signed by Judge Mark Filip on 12/13/2006.(gej, ) (Entered: 12/15/2006)
65 MOTION by Plaintiff Equal Employment Opportunity Commission for leave to file Second Amended Complaint, Instanter (Attachments: # 1 Exhibit a# 2 Exhibit B# 3 Exhibit C)(DeCamp, Aaron) (Entered: 12/28/2006)
66 NOTICE of Motion by Aaron R. DeCamp for presentment of motion for leave to file65 before Honorable Mark Filip on 1/9/2007 at 09:30 AM. (DeCamp, Aaron) (Entered: 12/28/2006)
68 MINUTE entry before Judge Mark Filip :Status hearing held. Plaintiff's motion for leave to file Second Amended Complaint, instanter, and Motion to Dismiss without prejudice Autonation, Inc. as a party defendant 65 is Granted. Status hearing continued to 2/9/2007 at 09:30 AM.Mailed notice (gej, ) (Entered: 01/10/2007)
69 MINUTE entry before Judge Jeffrey Cole :All matters relating to the referral of this action being resolved, the case is returned to the assigned judge. Terminating case referral.Mailed notice (gej, ) (Entered: 01/10/2007)
70 ATTORNEY Appearance for AutoNation Corporate Management, LLC (Posey, Thomas) (Entered: 01/23/2007)
71 ATTORNEY Appearance for Defendant AutoNation Corporate Management, LLC by Michael A. Warner, Jr (Warner, Michael) (Entered: 01/23/2007)
72 ATTORNEY Appearance for Defendant AutoNation Corporate Management, LLC by David P. Radelet (Radelet, David) (Entered: 01/23/2007)
73 Defendant's ANSWER to Complaint (Second Amended Complaint) by Elmhurst Auto Mall d/b/a Elmhurst Kia(Posey, Thomas) (Entered: 01/23/2007)
74 Defendant's ANSWER to Complaint (Second Amended Complaint) by AutoNation Corporate Management, LLC(Posey, Thomas) (Entered: 01/23/2007)
75 MINUTE entry before Judge Mark Filip :Status hearing held on 2/9/2007.Status hearing set for 3/7/2007 at 09:30 AM.Mailed notice (tbk, ) (Entered: 02/09/2007)

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02/26/2007 03/07/2007 03/07/2007 03/26/2007
04/18/2007 04/25/2007 04/27/2007 05/04/2007 05/04/2007 05/08/2007

76 TRANSCRIPT of proceedings for the following dates: 11/22/2006; Before the Honorable Jeffrey Cole. (smm) (Entered: 02/27/2007)
77 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Jeffrey Cole for the purpose of holding proceedings related to: settlement conference.(tbk, )Mailed notice. (Entered: 03/07/2007)
78 MINUTE entry before Judge Mark Filip :Status hearing held on 3/7/2007.Status hearing set for 4/18/2007 at 09:30 AM.Mailed notice (tbk, ) (Entered: 03/07/2007)
79 MINUTE entry before Judge Jeffrey Cole: Status hearing held on 3/26/2007. A settlement conference is set for 4/25/2007 at 3:00 P.M. The parties are directed to refer to Judge Cole's "Instructions for Settlement Conference", found on "www.ilnd.uscourts.gov" and comply with its directives before appearing at the settlement conference. Parties with authority to settle must be present at the conference. As provided in the instructions, plaintiff's counsel shall deliver copies of the settlement letters to chambers by no later than four(4) calendar days before the conference. Non-compliance with the 4-day Rule makes it difficult and often impossible for the conference to proceed effectively. Failure to comply with the 4-day Rule may necessitate cancellation of the conference. Mailed notice by judge's staff. (srb,) (Entered: 03/26/2007)
80 MINUTE entry before Judge Mark Filip :Status hearing held on 4/18/2007.Status hearing set for 4/27/2007 at 11:30 AM.Mailed notice (tbk, ) (Entered: 04/18/2007)
82 MINUTE entry before Judge Jeffrey Cole :Settlement conference held and continued to 5/10/2007 at 3:00 P.M. Mr. Michael Marrone is ordered to appear on behalf of the defendant. The parties are urged to continue their discussions between now and the date of the resumed conference. Mailed notice by judge's staff. (srb,) (Entered: 05/03/2007)
81 MINUTE entry before Judge Mark Filip :Status hearing held on 4/27/2007. Discovery to be completed on or before 5/29/07.Status hearing set for 5/22/2007 at 11:15 AM.Mailed notice (tbk, ) (Entered: 04/27/2007)
83 MOTION by Defendants AutoNation Corporate Management, LLC, Elmhurst Auto Mall d/b/a Elmhurst Kia to amend/correct the Settlement Conference Scheduling Order (Attachments: # 1 Exhibit A)(Posey, Thomas) (Entered: 05/04/2007)
84 NOTICE of Motion by Thomas J Posey for presentment of motion to amend/correct83 before Honorable Jeffrey Cole on 5/9/2007 at 08:30 AM. (Posey, Thomas) (Entered: 05/04/2007)
85 MINUTE entry before Judge Jeffrey Cole : Motion hearing held on 5/8/2007. Defendants' motion to modify or amend settlement conference scheduling order 83 is granted in part and denied in part as stated during the extended colloquy in open court. Defendants' request for relief in part (a) of the motion is denied, in part (b) is granted and in part (c) is denied. Settlement conference set for 5/10/2007 at 3:00 p.m. to stand. Defendants' in house counsel may participate by phone. Mr. Warner is to make the phone call ordered in open court and report on the record

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05/09/2007 05/09/2007 05/10/2007
05/22/2007
06/07/2007 06/14/2007 06/18/2007 06/18/2007

at the settlement conference on 5/10/2007. Mailed notice by judge's staff. (srb,) (Entered: 05/08/2007)
86 MOTION by Plaintiff Equal Employment Opportunity Commission for order to show cause why Louis Poretta should not be held in contempt of court (Attachments: # 1 Exhibit 1)(DeCamp, Aaron) (Entered: 05/09/2007)
87 NOTICE of Motion by Aaron R. DeCamp for presentment of motion for order to show cause86 before Honorable Mark Filip on 5/22/2007 at 09:30 AM. (DeCamp, Aaron) (Entered: 05/09/2007)
89 MINUTE entry before Judge Jeffrey Cole :Settlement conference held on 5/10/2007. The parties were unable to settle at this time. All matters relating to the referral of this action being resolved, the case is returned to the assigned judge. Case no longer referred to Magistrate Judge Jeffrey Cole. Terminating case referral. Mailed notice by judge's staff. (srb,) (Entered: 05/30/2007)
88 MINUTE entry before Judge Mark Filip : Status hearing held. MOTION by Plaintiff Equal Employment Opportunity Commission for order to show cause86 why Louis Poretta should not be held in contempt of court is withdrawn on plaintiff's oral motion.Mailed notice (tbk, ) (Entered: 05/22/2007)
90 MINUTE entry before Judge Mark Filip :Status hearing set for 6/14/2007 at 09:30 AM.Mailed notice (tbk, ) (Entered: 06/07/2007)
91 MINUTE entry before Judge Mark Filip :Status hearing held on 6/14/2007.Status hearing set for 6/19/2007 at 09:30 AM.Mailed notice (tbk, ) (Entered: 06/14/2007)
92 MINUTE entry before Judge Mark Filip : Enter Consent Decree. Status hearing date of 06/19/07 is stricken. Civil case terminated. (ar, ) (Entered: 06/20/2007)
93 CONSENT Decree, signed by Judge Mark Filip on 6/18/2007 (Exhibit) 92.(ar, ) Modified on 6/20/2007 (ar, ). (Entered: 06/20/2007)

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Description: Docket Report Search Criteria: 1:05-cv-06910

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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

AUTONATION, INC.,

)

AUTONATION CORPORATE

)

MANAGEMENT, LLC, AND

)

ELMHURST AUTO MALL, INC. D/B/A

)

ELMHURST KIA

)

)

Defendants.

)

__________________________________________)

CASE NO. 05 C 6910 SECOND AMENDED COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e et seq. (“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U.S.C. § 1981a, to

correct unlawful employment practices on the basis of race, religion and national origin, and to

provide appropriate relief to Halit Macit (“Macit”) and a class of employees who were adversely

affected by such practices. Plaintiff U.S. Equal Employment Opportunity Commission (“EEOC”

or “Commission”) alleges that Defendants AutoNation Corporate Management, LLC and

Elmhurst Auto Mall, Inc. d/b/a Elmhurst Kia (“Elmhurst Kia”) discriminated against Macit by

subjecting him to harassment because of his religion and national origin, and a class of

employees by subjecting them to harassment because of their race, non-white, and threatening

them with termination if they complained about the harassment.

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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), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity 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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3). 4. At all relevant times, AutoNation Corporate Management, LLC was continuously doing business in the State of Illinois and the City of Elmhurst, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Elmhurst Kia was continuously doing business in the State of Illinois and the City of Elmhurst, and has continuously had at least fifteen (15) employees. 6. At all relevant times, AutoNation Corporate Management, LLC 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). 7. At all relevant times, Elmhurst Kia has continuously been an employer engaged in
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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).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Macit filed a charge with the Commission alleging violations of Title VII by AutoNation, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least 2002, AutoNation Corporate Management, LLC engaged in unlawful employment practices in violation of Section 703(a), 42 U.S.C. § 2000e-2(a). Such unlawful employment practices include: 1) subjecting Macit to harassment because of his religion, Muslim; 2) subjecting Macit to harassment because of his national origin, Turkey; and 3) subjecting a class of affected employees to harassment because of their race, non-white, and threatening them with termination if they complained about the harassment. 10. Since at least 2002, Elmhurst Kia engaged in unlawful employment practices in violation of Section 703(a), 42 U.S.C. § 2000e-2(a). Such unlawful employment practices include: 1) subjecting Macit to harassment because of his religion, Muslim; 2) subjecting Macit to harassment because of his national origin, Turkey; and 3) subjecting a class of affected employees to harassment because of their race, non-white, and threatening them with termination if they complained about the harassment. 11. The result of the practices complained of in paragraphs nine (9) and ten (10) above has been to deprive Macit and a class of affected employees of equal employment opportunities and otherwise adversely affect their status as employees because of their race, religion and/or national origin.
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12. The unlawful employment practices complained of in paragraphs nine (9) and ten (10) were intentional.
13. The unlawful employment practices complained of in paragraphs nine (9) and ten (10) above were done with malice or with reckless indifference to the federally protected rights of Macit and a class of affected employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining AutoNation Corporate Management, LLC, 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 race, religion and/or national origin; B. Grant a permanent injunction enjoining Elmhurst Kia, 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 race, religion and/or national origin; C. Grant a permanent injunction enjoining AutoNation Corporate Management, LLC, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against any employee for participating in protected activity; D. Grant a permanent injunction enjoining Elmhurst Kia, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against any employee for participating in protected activity; E. Order AutoNation Corporate Management, LLC to institute and carry out policies, practices, and programs which eradicate the effects of its past and present unlawful
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employment practices; F. Order Elmhurst Kia to institute and carry out policies, practices, and programs
which eradicate the effects of its past and present unlawful employment practices; G. Order AutoNation Corporate Management, LLC to make whole Macit and a class
of affected employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial;
H. Order Elmhurst Kia to make whole Macit and a class of affected employees by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, in amounts to be determined at trial;
I. Order AutoNation Corporate Management, LLC to make whole Macit and a class of affected employees by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial;
J. Order Elmhurst Kia to make whole Macit and a class of affected employees by providing compensation for past and future non-pecuniary losses, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial;
K. Order AutoNation Corporate Management, LLC to pay Macit and a class of affected employees punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined at trial;
L. Order Elmhurst Kia to pay Macit and a class of affected employees punitive damages for its malicious and/or reckless conduct described above, in amounts to be determined
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at trial; G. Grant such further relief as the Court deems necessary and proper in the public
interest; and H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted, JAMES LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 “L” Street, N.W. Washington, D.C. 20507 _/s/ John C. Hendrickson_(with consent)__ John C. Hendrickson Regional Attorney
_/s/ Diane I. Smason_(with consent)_____ Diane I. Smason Supervisory Trial Attorney
_/s/ Aaron R. DeCamp_______________ Aaron R. DeCamp Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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500 West Madison Street Suite 2800 Chicago, Illinois 60661 (312) 353-7582
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