IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

KREISLER DRUG NO. 3, INC.

)

)

Defendant.

)

CASE NO. 03-345-CV-W-JTM COMPLAINT JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the

Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to

provide appropriate relief to Cathy Foster, who was adversely affected by such practices. The

Equal Employment Opportunity Commission alleges that a male pharmacist at Kreisler Drug No.

3 discriminated against Ms. Foster and other female employees in the terms and conditions of

their employment because of their sex. The Commission also alleges that Defendant retaliated

against Ms. Foster for complaining about the discriminatory treatment and contacting the Equal

Employment Opportunity Commission by terminating her employment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and

(3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3)

("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a..

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Missouri.
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(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Kreisler Drug No. 3, Inc., has continuously been a Missouri corporation doing business in the State of Missouri and the City of Clinton, and has continuously had at least 15 employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Cathy Foster filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 1996, Defendant has engaged in the following unlawful employment practices at its facility in Clinton, Missouri, in violation of Sections 703 and 704 of Title VII, 42 U.S.C. §§ 2000e-2 and 3. (a) Defendant discriminated against Cathy Foster and other female employees in the terms and conditions of their employment. One of Defendant’s co-owners,
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a pharmacist, routinely harassed Foster and other female employees, scrutinized their work and attendance more harshly than he did male employees, and otherwise subjected female employees to less favorable terms and conditions of employment than male employees. (b) Defendant retaliated against Ms. Foster for complaining about the pharmacist’s treatment and for contacting the Commission to report Defendant’s employment discrimination. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Cathy Foster of equal employment opportunities and otherwise adversely affect her status as an employee , because of her sex and because of retaliation. 9. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Cathy Foster.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in and any other employment practice which discriminates on the basis of sex or which constitutes retaliation.
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B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Cathy Foster, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement of Cathy Foster.
D. Order Defendant to make whole , by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including , in amounts to be determined at trial.
E. Order Defendant to make whole Cathy Foster by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including pain and suffering, loss of enjoyment of life, damage to reputation, and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
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Respectfully submitted,

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney

/s/ Donna L. Harper DONNA L. HARPER Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office Robert A. Young Federal Bldg. 1222 Spruce, Room 8.100 St. Louis, MO 63103 (314) 539-6614 FAX: 314-539-7895 E-MAIL: bob.johnson@eeoc.gov
donna.harper@eeoc.gov

/s/ Andrea G. Baran

ANDREA G. BARAN

MO #46520

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Kansas City Area Office

Gateway Tower II

400 State Avenue

Suite 905

Kansas City, KS 66101

(913) 551-5848

FAX: (913) 551-6957

E-MAIL: andrea.baran@eeoc.gov

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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

CASE NO. 03-0345-CV-W-JTM

)

KREISLER DRUG NO. 3, INC.

)

)

Defendant.

)

CONSENT DECREE Plaintiff Equal Employment Opportunity Commission has instituted this action alleging that Defendant Kreisler Drug No. 3, Inc., violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 when it discriminated against Cathy Foster and other female employees in the terms and conditions of their employment because of their sex and then terminated Ms. Foster in retaliation for her complaints about the discriminatory treatment and her contacting the Equal Employment Opportunity Commission. Kreisler Drug No. 3, Inc. denies these allegations and states that it has complied with Title VII and other federal and state employment laws. For purposes of settlement and compromise only, the parties have advised the Court that they wish to resolve the instant controversy without the expense, delay and burden of further litigation; THEREFORE, it is the finding of this Court, made on the pleadings and on the record as a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to and the subject matter of this action, (ii) the requirements of Title VII will be carried out by the implementation of this Decree, (iii) this Decree is intended to and does resolve all matters in

controversy in this lawsuit among the parties, and (iv) the terms of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: I. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of settlement, shall not constitute an adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of Title VII or any executive order, law, rule or regulation dealing with or in connection with sex discrimination in employment.
II. Relief for Charging Party 2. Within fifteen (15) days after this Decree is approved by the Court, Defendant shall forward to Cathy Foster the following payments:
a. $24,000.00 in settlement of the claims for backpay and frontpay, less only any applicable deductions for the employee’s portion of FICA and applicable federal and state income tax withholdings;
b. $16,000.00 in settlement of the claims for compensatory and punitive damages.
3. Defendant shall forward to Cathy Foster, with the checks described above, an itemized statement of withholdings for each amount withheld, including for the employee share of FICA and the applicable federal and state income withholdings.
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III. Injunctive Relief 4. Defendant shall not discriminate or retaliate against any person because he or she has opposed any practices alleged in this action as unlawful under Title VII, has participated in an investigation conducted under Title VII with respect to this complaint, or because he or she has participated in this lawsuit or has benefitted in any way as a result of this Consent Decree. 5. Defendant shall not discriminate on the basis of sex in hiring, firing, work assignment, pay, evaluation, promotion or any other term or condition of employment. Defendant shall not retaliate against any employee who opposes any practice declared unlawful under Title VII; or files a charge; or gives testimony or assistance; or participates in any manner in any investigation, proceeding, or hearing under Title VII. 6. Within fifteen (15) days afer this Decree is approved by the Court, Defendant shall provide Cathy Foster with a letter of recommendation, attached as Exhibit A, signed by an owner of Defendant. If requested for information concerning Cathy Foster’s employment, Defendant will not provide any information that is inconsistent with the letter attached as Exhibit A. 7. Within thirty (30) days after this Decree is approved by the Court, Defendant shall provide training for its owners and all management and supervisory employees regarding federal employment discrimination laws and employees’ rights under these laws, including protections against unlawful retaliation. This training shall be presented by Larry Schumaker, and may be attended by a representative of the EEOC.
IV. Posting and Policies 8. Within thirty (30) days after this Decree is approved by the Court, Defendant shall implement an anti-discrimination policy prohibiting discrimination on the basis of sex in hiring,
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firing, work assignment, pay, evaluation, promotion or any other term or condition of employment; harassment or creation of a hostile work environment on the basis of sex; and retaliation against any employee who opposes any practice declared unlawful under Title VII, including filing a charge, giving testimony or assistance, or participating in any investigation, proceeding, or hearing under Title VII. Defendant shall implement procedures for the reporting of complaints of discrimination, including multiple avenues for reporting. Defendant shall discipline, up to and including termination, managers and supervisors who fail to adhere to the company’s antidiscrimination policy and shall include adherence to the company’s anti-discrimination policy in its evaluations of managers and supervisors.
9. Defendant shall post and cause to remain posted the posters required to be displayed in the workplace by Commission Regulations, 29 C.F.R. § 1601.30.
10. Defendant shall post and cause to remain posted copies of the notice attached hereto as Exhibit C in locations publicly visible to all employees for a period of eighteen (18) months starting from the date of entry of this Decree.
V. Reporting 11. Within thirty (30) days after this Decree is approved by the Court, Defendant shall forward to the Commission’s Regional Attorney in its St. Louis District Office a copy of the checks and statement of withholdings forwarded to Charging Party as described in paragraphs 2 and 3 above. 12. Within forty-five (45) days after this Decree is approved by the Court, Defendant shall forward to the Commission’s Regional Attorney in its St. Louis District Office a letter signed by its chief officer stating that it has complied with the requirements of paragraphs 6, 7, and 8 above, describing the manner and dates on which such compliance was effected.
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13. Within forty-five (45) days after this Decree is approved by the Court, Defendant shall prepare and submit to the Commission’s Regional Attorney in its St. Louis District Office a letter signed by its chief officer stating that the notices have been posted as required by paragraphs 9 and 10 above.
14. Every nine months for the term of this Decree, Defendant shall submit to the Commission’s Regional Attorney in its St. Louis District Office a report of all complaints of discriminatory treatment that were responded to during the previous nine months, including the name, address, phone number and job title of the person making the complaint, a brief description of the complaint, and a description of the company’s response to the complaint.
VI. Notice and Opportunity to Cure 15. If, during the term of this Decree, the Commission believes that Defendant is in violation of this Decree, the Commission shall notify Defendant in writing about the alleged violation, describing the nature of the alleged violation and the relevant portion of the Decree. 16. Within ten (10) days of receiving a notice described in paragraph 18, Defendant shall respond to the Commission in writing with Defendant’s position with respect to the alleged violation, including what steps, if any, Defendant has taken or will take to cure the alleged violation. If the Commission is satisfied that the alleged violation of the Decree has been corrected, it will take no further action against Defendant and will not bring the matter before the Court. 17. The Commission shall not be entitled to seek relief from the Court for any alleged violation of this Decree until it has provided Defendant with notice and an opportunity to cure the alleged violation as provided in paragraphs 15 and 16.
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VI. Term and Effect of Decree 18. By entering into this Decree the parties do not intend to resolve any charges of discrimination currently pending before the Commission other than the charge that created the procedural foundation for the complaint in this case. 19. This Decree shall be binding upon the parties hereto, their successors and assigns. 20. This Decree shall be for a period of eighteen (18) months and can be extended only for good cause shown. During the Decree’s term the Court shall retain jurisdiction of this cause for purposes of compliance. 21. Each party shall bear its own costs.

BY CONSENT:

FOR PLAINTIFF:

FOR DEFENDANT:

ERIC S. DREIBAND

General Counsel

_/s/ Larry M. Schumaker______________

Larry M. Schumaker MO Bar # 31975

_/s/ Robert G. Johnson________________

SCHUMAKER CENTER FOR

ROBERT G. JOHNSON

EMPLOYMENT LAW, P.C.

Regional Attorney

10401 Holmes Road

DONNA L. HARPER

Suite 480

Supervisory Trial Attorney

Kansas City, MO 64131

EQUAL EMPLOYMENT OPPORTUNITY

(816) 941-9994 (telephone)

COMMISSION

(816) 941-8244 (facsimile)

St. Louis District Office

larryschumaker@sbcglobal.net (e-mail)

1222 Spruce St., Room 8.100

St. Louis, MO 63103

(314) 539-7910 (telephone)

(314) 539-7895 (facsimile)

bob.johnson@eeoc.gov (e-mail)

donna.harper@eeoc.gov (e-mail)

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_/s/ Andrea G. Baran_______________________ ANDREA G. BARAN MO Bar # 46520 Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Kansas City Area Office 400 State Ave., Ste. 905 Kansas City, KS 66101 (913) 551-5848 (telephone) (913) 551-6957 (facsimile) andrea.baran@eeoc.gov (e-mail)

SO ORDERED:

/s/ John T. Maughmer
John T. Maughmer Chief United States Magistrate Judge

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EXHIBIT A

LETTER OF RECOMMENDATION (On Defendant’s Letterhead)

Kreisler Drug No. 3, Inc. employed Cathy Foster from April 1991 to September 2001. For the last five years of her employment with Kreisler, Ms. Foster was the store’s Sporting Goods Manager. During her employment with Kreisler Drug No. 3, Inc., Cathy Foster satisfactorily performed all of her job duties.

EXHIBIT C

NOTICE TO EMPLOYEES

In cooperation with the EEOC, this Notice is posted as part of a remedy agreed to pursuant to a Consent Decree entered in the case of Equal Employment Opportunity Commission (EEOC) v. Kreisler Drug No. 3, Inc., Case No. 03-0345CV-W-JTM, on file in the United States District Court for the Western District of Missouri, Western Division in Kansas City, Missouri. The agreed remedy as set forth in the Consent Decree includes monetary relief for a former employee, injunctive relief in the form of new policies and training, and reaffirmation of our commitment to not discriminate on the basis of sex in hiring, firing, work assignment, pay, promotion or other terms or conditions of employment and to not retaliate against any employee who reports discriminatory treatment.

State and Federal law prohibit discrimination against any employee because of race, national origin, color, religion, sex, disability or age (forty and over) with respect to hiring, promotion, firing, compensation, or other terms, conditions or privileges of employment. The law also prohibits retaliation against persons who complain of or oppose practices they believe are discriminatory on the basis of race, national origin, color, religion, sex, disability or age (forty and over), and it prohibits retaliation against persons who file charges with the EEOC, or who participate in or cooperate with an EEOC investigation.

Kreisler Drug No. 3, Inc. supports and will comply with these laws in all respects and will not take any action against employees because they have exercised their rights under the law. We will not tolerate discrimination in employment, nor will we tolerate retaliation against any employee for exercising rights under law.

Employees should feel free to report instances of discriminatory treatment to their supervisor or the store owners at any time. Kreisler Drug No. 3, Inc. has established policies and procedures to promptly investigate any such reports and to protect the person making the reports from retaliation. If the situation is not resolved to your satisfaction, or if you feel uncomfortable reporting a problem to your supervisor, we strongly encourage you to communicate your concern to Paul Hendricks or Jim Naber. In addition, employees are also free to make complaints about employment discrimination to the Office of the Regional Attorney, United States Equal Employment Opportunity Commission, Kansas City Area Office, 400 State Avenue, Suite 905, Kansas City, KS 66101 (Attention: Andrea G. Baran, Senior Trial Attorney) or by telephone to (913) 551-5848.

Please join us in supporting and promoting equal employment opportunity for all.

 
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CLOSED, EAPJ
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:03-cv-00345-JTM

Equal Employment Opportunity Commission v. Kreisler Drug No.3, Inc. Assigned to: Magistrate Judge John T. Maughmer Cause: 42:1983 Civil Rights Act

Date Filed: 04/22/2003 Date Terminated: 01/15/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea G. Baran US Equal Employment Opportunity Comm 400 State Ave. Suite 905 Kansas City, KS 66101 (913)551-5848 Fax: (913)551-6957 Email: andrea.baran@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donna Harper SEDEY HARPER PC 3030 Grand Ave. Suite 200 St. Louis, MO 63118 (314) 773-3566 Fax: (314) 773-3615 Email: dharper@sedeyharper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant Kreisler Drug No.3, Inc.

represented by Larry M. Schumaker Schumaker Center for Employment Law, P.C. 10401 Holmes Road Suite 480 Kansas City, MO 64131 (816) 941-9994 Fax: (816) 941-8244 Email: larryschumaker@sbcglobal.net ATTORNEY TO BE NOTICED

Date Filed 04/22/2003
04/22/2003 04/23/2003 04/28/2003 05/06/2003 06/26/2003 07/10/2003 07/15/2003
07/25/2003 07/29/2003

#

Docket Text

1 COMPLAINT against Kreisler Drug No.3, Inc. (Filing fee $ 0.00 receipt number -0-) Service due by 8/20/2003, filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission.(Baran, Andrea) Civil Cover Sheet added on 4/23/2003 (Henson, Tanya). (Entered: 04/22/2003)
NOTICE OF MAGISTRATE ASSIGNMENT was handed to filer. This is a docket entry only. No document is attached. Magistrate Return due by 5/12/2003 (Henson, Tanya) (Entered: 04/23/2003)
2 Notice of EAPJ was mailed to filer. (Henson, Tanya) (Entered: 04/23/2003)
3 Rule 16 Notice:proposed scheduling order due by 8/20/2003, rule 26 conference due by 8/6/2003. Signed by Judge John T. Maughmer on April 28, 2003. (Rowland, Bonnie) (Entered: 04/28/2003)
4 NOTICE of Magistrate Assignment Returned by Equal Employment Opportunity Commission (Baran, Andrea) Modified on 5/8/2003 to acknowledge consent of assignment (Kendall, Shelly). (Entered: 05/06/2003)
5 RETURN OF SERVICE of complaint executed by Equal Employment Opportunity Commission. Kreisler Drug No.3, Inc. Michael J. Abbott served on 6/21/2003, answer due 7/11/2003. (Henson, Tanya) (Entered: 07/03/2003)
6 NOTICE of appearance by Larry M. Schumaker on behalf of Kreisler Drug No.3, Inc. (Schumaker, Larry) (Entered: 07/10/2003)
7 Return of Service unexecuted by Equal Employment Opportunity Commission as to Kreisler Drug No.3, Inc.. Attempted to serve Michael Abbott, Registered Agent. Mr. Abbott does not represent dft. Contact Jim Naber, President of Kreisler Drug, for current Registered Agent. (Honeycutt, Cassaundra) (Entered: 07/15/2003)
8 ANSWER to Complaint filed by Larry M. Schumaker on behalf of Defendant Kreisler Drug No.3, Inc..(Schumaker, Larry) (Entered: 07/25/2003)
NOTICE OF MAGISTRATE ASSIGNMENT sent by FAX to Larry Schumaker, counsel for defendant. This is a docket entry only. No document is attached. Magistrate Return due by 8/18/2003 (Rowland, Bonnie) (Entered: 07/29/2003)

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08/01/2003 08/12/2003
08/13/2003 08/13/2003 08/13/2003 08/21/2003 08/21/2003 08/22/2003 08/28/2003
09/04/2003 12/04/2003 12/04/2003 01/15/2004 03/31/2004

9 ORDER setting a Telephone Conference for 8/12/2003 at 1:30 PM to discuss the settlement conference. Signed by Judge Robert E. Larsen on 8/1/2003. (Brown, Amy) (Entered: 08/01/2003)
10 Minute Entry for proceedings held before Judge Robert E. Larsen: TELEPHONE CONFERENCE held on 8/12/2003 re setting settlement conference. Counsel agree on Thursday, August 28, 2003, for settlement conference to be held. The Court will enter an order August 13, 2003. (Court Reporter Sue Anderson-Porter.) (Anderson-Porter, Sue) (Entered: 08/12/2003)
11 ORDER setting settlement conference for 9:30 a.m., 8/28/03. Signed by Judge Robert E. Larsen on 08/13/03. (Marullo, Carol) (Entered: 08/13/2003)
12 Joint PROPOSED SCHEDULING ORDER and Discovery Plan by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 08/13/2003)
13 NOTICE of Endorsement by Kreisler Drug No.3, Inc. (regarding Joint Proposed Scheduling Order and Discovery Plan) (Schumaker, Larry) (Entered: 08/13/2003)
14 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Larry M. Schumaker on behalf of Defendant Kreisler Drug No.3, Inc..(Schumaker, Larry) (Entered: 08/21/2003)
15 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Andrea G. Baran on behalf of Plaintiff Equal Employment Opportunity Commission.(Baran, Andrea) (Entered: 08/21/2003)
16 NOTICE of Magistrate Assignment Returned by Kreisler Drug No.3, Inc. (Schumaker, Larry) (Entered: 08/22/2003)
18 Minute Entry for proceedings held before Judge Robert E. Larsen: SETTLEMENT CONFERENCE held on 8/28/2003; settlement negotiations are continuing with a proposed agreement; counsel are to contact the Court within about two weeks whether the case is resolved. (Court Reporter Sue Anderson-Porter.) (Anderson-Porter, Sue). (Entered: 09/09/2003)
17 SCHEDULING AND TRIAL ORDER: Jury Trial set for 6/7/2004, 09:00 AM, in Courtroom 7E, Kansas City (JTM) before John Maughmer. Signed by Judge John T. Maughmer on 09/04/2003. (Lavenbarg, Francine) (Entered: 09/04/2003)
19 Joint MOTION for consent judgment filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission Suggestions in opposition/response due by 12/19/2003 (Baran, Andrea) (Entered: 12/04/2003)
20 NOTICE of Endorsement by Kreisler Drug No.3, Inc. re 19 Joint MOTION for consent judgment (Schumaker, Larry) (Entered: 12/04/2003)
21 CONSENT DECREE entered 19 motion for consent judgment. Signed by Judge John T. Maughmer on 01/15/2004. (Lavenbarg, Francine) (Entered: 01/15/2004)
22 ORDERED that the pretrial conference scheduled for Wednesday, May 26, 2004, is reset for Tuesday, May 25, 2004, at 11:00 a.m.. Signed by Judge John T. Maughmer on 03/31/2004. (Lavenbarg, Francine) (Entered: 03/31/2004)

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04/16/2004

23 ORDERED that the Order entered on March 31, 2004 (Doc. No. 22), rescheduling the pretrial conference is VACATED. Signed by Judge John T. Maughmer on 04/16/2004. (Lavenbarg, Francine) (Entered: 04/16/2004)

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