IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

CLERK'S OFFICE U.S. 018T. COURT, AT ROANOKE, VA FILED
JUN 3 0 2005

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
OLVER INCORPORATED, and ADECCO USA, INC.,
Defendants,

)

)

/1 )
)

Civil Action No. l' CsC!.-Jzot;'

)

)

)

COMPLAINT

)

)

)

JURY TRIAL DEMAND

)

)

)

)

)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and national origin, and to provide appropriate relief to Shannica Allen Dickerson who was adversely affected by such practices. The Commission alleges that Defendants, Olver Incorporated and Adecco USA, Inc., discriminated against Ms. Dickerson by discharging her based on her race and national origin, as alleged with greater particularity in paragraph 8, below.

JURISDICTION AND VENUE 1, Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981A(a)(l).

2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the Western District of Virginia, Roanoke Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) and (3),42 U.S.c., Section 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant Olver Incorporated ("Olver") has continuously been a Virginia corporation doing business in the State of Virginia, and the County of Montgomery, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Adecco USA, Inc. d/b/a Adecco Employment Services ("Adecco"), has continuously been a Delaware corporation doing business in the State of Virginia, and the County of Montgomery, and has continuously had at least fifteen employees. 6. At all relevant times, Defendant Employers Olver and Adecco have continuously been employers engaged in an industry affecting commerce within the meaning of Section 70l(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Shannica Allen Dickerson filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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8. Since at least March 2004, Defendant Employers Olver and Adecco have engaged in unlawful employment practices at their Blacksburg, Virginia facilities, in violation of Section 703(a) and (k) of Title VII, 42 US.c. Section 2000e-2. These practices include discharging Ms. Dickerson from her position with Olver Incorporated, through Adecco USA, Inc. d/b/a Adecco Employment Services, based on Ms. Dickerson's race (Black), and national origin (Virgin Islands). The Commission alleges that on or about March 16,2005, Defendants discharged Ms. Dickerson based on her race, national origin, and interrelated accent/dialect.
9. The effect of the practices complained of in paragraph 8 above has been to deprive Shannica Allen Dickerson of equal employment opportunities and otherwise adversely affect his status as an employee based on his national origin.
10. The unlawful employment practices complained of in paragraph 8 above were intentional.
11. The unlawful employment practices complained of in paragraph 8 above were done with malice or with reckless indifference to the federally protected rights of Ms. Dickerson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employers Olver and Adecco, their officers, successors, assigns and all persons in active concert or participation with them, from engaging in any employment practices which discriminate on the basis ofrace and national ongm. B. Order Defendant Employers Olver and Adecco to institute and carry out policies, practices, and programs which provide equal employment opportunities for all employees
-3-

without regard to race and national origin, which eliminate all forms of discrimination on the basis of race and national origin, and which eradicate the effects of Defendants' past and present unlawful employment practices.
C. Order Defendant Employers Olver and Adecco to make whole Shannica Allen Dickerson by providing appropriate back pay, with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement of Shannica Allen Dickerson or front pay in lieu thereof.
D. Order Defendant Employers Olver and Adecco to make whole Shannica Allen Dickerson by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 8 above, in amounts to be determined at trial.
E. Order Defendant Employers Olver and Adecco to make whole Shannica Allen Dickerson by providing compensation for non-pecuniary losses reSUlting from the unlawful practices complained of in paragraph 8 above, including past and future emotional pain and suffering, humiliation, embarrassment, anxiety, inconvenience, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order Defendant Employers Olver and Adecco to pay Shannica Allen Dickerson punitive damages for their malicious and reckless conduct described in paragraph 8 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
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JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in the complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
..·GERALD S. KIEL Regional Attorney
\
/
Senior'Trial Attorney Virginia Bar No. 35609 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Richmond Area Office 830 East Main Street, Suite 600 Richmond, Virginia 23219 (804)771-2214
-5-

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Richmond Area Office

830 East Main Street, Suite 600

Richmond, VA 23219 (804) 771-2200
TTY (804) 771-2227 FAX (804) 771-2222 EEOC Web Site: www.eeoc.gov

John F. Corcoran, Clerk of Court United States District Court Western District of Virginia The PoffFederal Building 210 Franklin Road, S.W. Room 308 Roanoke, Virginia 24011

June 29, 2005

CLERK'S OFFICi u.s. DiiT. COURT
AT~VA
FLED
JUN 302005
B~ Y. "..~~ ClER

RE: EEOC v. Olver Incorporated and Adecco USA, Inc.

Dear Mr. Corcoran:

Enclosed for filing please find a Civil Cover Sheet and originals and three copies per Defendant of the Complaint and Summons in the above-styled civil action.

Kindly return the copies of the Summons and Complaint prepared for service to Yvonne Williams, Paralegal, in the enclosed self-addressed stamped envelope as I intend to arrange for a private process server to serve the Complaint.

Please call me at the number listed below if you have any questions. Thank you for your assistance in this matter.
L./, Sinc,er~ly, /,//$l
/iJt~ "'1 tK(jf
StaCe}V1'urner Caldwell Senior Trial Attorney VSB# 35609 (804)771-2214

~JS 44 (Rev. 3/99)

CIVIL COVER SHEET

The JS-44 civil cover s~eet and the information contai!led herein neither replace n~r ~upplement the filing an~ service o~ pleadings or other l?apers as required

by law, except as use of the Clerk 0

Frovlded by local rules Court for the purpose

of of

court. ThIs form, initiating the civil

approved by the JudICIal Conference of docket sheet. (SEE INSTRUCTIONS

the UnIted States III September ON THE REVERSE OF THE

F1O9R7~.41.IS)

required

for

the

I. (a) PLAINTIFFS
Equal Employment Opportunity Commission

DEFENDANTS Olver Incorporated and Adecco USA, Inc.

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOL YEO.

(c) Attorney's (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Stacey Turner Caldwell, Esq.
EEOC Richmond Area Office 830 East Main Street, Suite 600 Richmond, VA 23219 (804) 771-2214

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

Iill U.S. Government

03 Federal Question

III. CITIZENSHIP OF PRINCIPAL P ARTIES(place an "X" in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

o Citizen of This State 0 1 01 Incorporated or Principal Place

4 04

Plaintiff

(U.S. Government Not a Party)

of Business In This State

02 U.S. Government Defendant

04 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another

o 0 2 02 Incorporated and Principal Place 5 05
of Business In Another State

Citizen or Subject of a 0 3 03
Earei~n...CountIY

Foreign Nation

o 6 06

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT

TORTS

F O R F E I T U R E I P E N A LI T

BANKRUPTCY

OTHER STATUTES

0 110 Insurance 0 120 Marine 0 130 Miller Act

PERSONAL INJURY 0 310 Airplane 0 315 Airplane Product

PERSONAL INJURY 0 362 Personal Injury-
Med. Malpractice

o 6 I 0 Agriculture o 620 Other Food & Drug o 625 Drug Related Seizure

o 422 Appeal 28 USC 158 o 423 Withdrawal

0 140 Negotiable Instrument

0 150 Recovery of Overpayment 0

& Enforcement of Judgment

0 151 Medicare Act

0

0 152 Recovery of Defaulted

Student Loans

0

(Excl. Veterans)

0

Liability 320 Assault, Libel &
Slander 330 Federal Employers'
Liability 340 Marine 345 Marine Product

0 365 Personal Injury Product Liability
0 368 Asbestos Personal Injury Product Liability
PERSONAL PROPERTY
o 370 Other Fraud

of Property 21 USC 881
o 630 Liquor Laws o 640 R.R. & Truck o 650 Airline Regs. o 660 Occupational
SafetylHealth
o 690 Other

28 USC 157
PROPERTY RIGHTS
o 820 Copyrights
0830 Patent
o 840 Trademark

0 153 Recovery of Overpayment

Liability

of Veteran's Benefits 0 350 Motor Vehicle

0 371 Truth in Lending 0 380 Other Personal

LABOR

SOCIAL SECURITY

0 160 Stockholders' Suits

0 355 Motor Vehicle

Property Damage

0 190 Other Contract

Product Liability 0 385 Property Damage

0 195 Contract Product Liability 0 360 Other Personal Injury

Product Liability

o o 710 Fair Labor Standards

861 HIA (1395tl)

Act

o 862 Black Lung (923)

o o 720 LaborlMgmt. Relations 863 DIWCIDIWW (405(g»

REAL PROPERTY

CIVIL RIGHTS

o PRISONER PETITIONS o o 730 LaborlMgmt.Reporting

864 SSID Title XVI 865 RSI (405(g»

0 210 Land Condemnation 0 220 Foreclosure

0 441 Voting X 442 Employment

0 510 Motions to Vacate Sentence

& Disclosure Act
o 740 Railway Labor Act

FEDERAL TAX SUITS

0 230 Rent Lease & Ejectment 0 240 Torts to Land 0 245 Tort Product Liability 0 290 All Other Real Property

0 443 Housing! Accommodations
0 444 Welfare 0 440 Other Civil Rights

Habeas Corpus: 0 530 General 0 535 Death Penalty 0 540 Mandamus & Other 0 550 Civil Rights

o 790 Other Labor Litigation
o 791 Empl. Ret. Inc.
Security Act

0870 Taxes (U.S. Plaintiff or Defendant)
0871 IRS-Third Party 26 USC 7609

0 555 Prison Condition

o 400 State Reapportionment o 410 Antitrust o 430 Banks and Banking o 450 CommercelICC Rates/etc. o 460 Deportation o 470 Racketeer Influenced and
Corrupt Organizations
o 8I0 Selective Service o 850 Securities/Commodities/
Exchange
o 875 Customer Challenge
12 USC 3410
o 891 Agricultural Acts o 892 Economic Stabilization Act o 893 Environmental Matters o 894 Energy Allocation Act o 895 Freedom of
Information Act
o 900 Appeal of Fee Determ.
Under Equal Access to
Justice
o 950 Constitutionality of
State Statutes
o 890 Other Statutory Actions

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

Iill

Original 0 2 Removed from

Proceeding

State Court

03

Remanded from Appellate Court

o Reinstated
4 or
Reopened

o Transferred from 5 another district (specify)

o 6 M~ltidistrict
LitIgation

Appeal to District
o Judge from
7 Magistrate
Judgment

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

Defendants discharged Charging Party based on her race and national origin, in violation of Title VII of the Civil Rights Act of 1964, as amended.

VII. REQUESTED IN

o CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

UNDER F.R.C.P. 23

(See VIII. RELATED CASE(S) instructions):

IF ANY

JUDGE

DEMANDS

CHECK YES only if demanded in complaint:

JURY DEMAND:

X Yes 0 No

DOCKET NUMBER

, . W l W FORREOFCFIECEIUSPE OTN~ L#Y~ AMOUNT __"------ APPLY~

/flU :JUDGE

VA BAR #35609 MAG. JUDGE _ _ _ _ _ _ _ _ __

 
 IN THE UNITED STATES DISTRICT COURT FOR WESTERN THE DISTRICT OF VIRGINIA
ROANOKE DIVISION

CLERK'S OFFIC~ U.S. DI3T. COURT AT ROANOKE. VA FILED

NOV 062006

BY.JOHN F CO.~l,:"l1l1"1.I~

OEPI C! ER

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EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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Plaintiff,

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v.

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OLVER INCORPORATED,

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Defendant.

)

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Civil Action No.: 7:0SCV00417 CONSENT DECREE

The Equal Employment Opportunity Commission (the "Commission") instituted this action pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964. as amended, 42 U.S,C. Section 2000e-5(f)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. The Commission's complaint alleged that Defendant Olver Incorporated (the "Defendant") discharged Shannica Allen Dickenson from her job as a temp to hire front-desk receptionist because of her race (Black), national origin (Virgin Islands), and interrelated accent/dialect.
The Commission and the Defendant hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court.
The parties have advised this Court that they desire to resolve the allegations in the Complaint without the burden, expense, and delay of further litigation.
It is therefore the finding of this Court, made on the pleadings and the record as a whole, that: (1) the Court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent

Decree; and (3) this Decree resolves all matters in controversy between the parties as provided in

paragraphs I through 16 below.

It is therefore ORDERED, ADJUDGED AND DECREED as follows:

1. Defendant shall not discriminate against any person on the basis of race, national

origin, including interrelated accent/dialect, or any other protected category within the meanillg

of Title VII.

2. Defendant shall not discriminate or retaliate against any person because of

opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964 or

because of the filing of a charge, the giving of testimony or assistance, or the participation in any

investigation, proceeding or hearing under that statute.

3.

Defendant shall pay Shannica Allen Dickenson the sum of fifteen thousand

dollars (S 15,000) including back pay with interest and compensatory damages, in settlement of

the claims raised in this action. Defendant shall make payment by issuing a check payable to

Shannica Allen Dickenson. Payment shall be made within fifteen (IS) days after the Court

approves this Consent Decree, and Defendant shall mail the check to Shannica Allen Dickenson

at an address provided by the Commission. Within five (5) days after the check has been sent to

Ms. Dickenson, Defendant shall mail to Lynette A. Barnes, Regional Attorney, Equal

Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a

copy ofthe check and proof of its delivery to Shannica Allen Dickenson.

4. Within fifteen (IS) days of the entry of this Decree by the Court, Defendant shall

eliminate from its employment records regarding Shannica Allen Dickenson any and all

documents, entries, or references of any kind relating to the allegations of discrimination in the

2

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underlying charge of discrimination or the instant lawsuit. Defendant shall report compliance with this provision to the EEOC by mailing such certification to Lynette Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, within five (5) days after the referenced documents have been eliminated.
5. Within fifteen (IS) days of the entry of this Decree by the Court, Defendant shall revise its terminating paperwork on Shannica Allen Dickenson to indicate that she resigned her employment. Within fifteen (15) days of the entry of this Decree by the Court, Defendant shall also provide Shannica Allen Dickenson with a neutral employment reference letter providing only dates of employment and position held. Defendant shall report compliance with these provisions to the EEOC by mailing such certification to Lynette Barnes, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, within five (5) days after the termination records have been revised and Shannica Allen Dickenson has been provided with the referenced letter. Defendant will respond to any phone inquiries concerning Ms. Dickenson's employment with the same neutral information, providing only dates of employment and position held.
6. Within ninety (90) days of the entry ofthis Decree by the Court, Defendant shall revise the language of its "Policy Statement on Equal Employment Opportunity and Nondiscrimination" to include at least the following: an explanation of the requirements of the federal equal employment opportunity laws, including Title VII and its prohibition against race and national origin discrimination; procedures for reporting discrimination, including alternative contact persons and numbers; and a procedure for the thorough and immediate investigation of employee complaints of discrimination. Defendant shall adopt and implement the formal,
3

v,Titten revised anti-discrimination policy and distribute a copy to each current employee within the aforementioned 90 day time period. Within fifteen (15) days after the distribution of the revised policy, Defendant shall certify to the Commission that the adoption, implementation, revision and distribution of the anti-discrimination policy was undertaken, the dates of compliance and shall provide the Commission with a copy of the distributed policy. During the term of this Decree, Defendant shall distribute the policy to all new employees and review it with them at the time of hire.
7. During the term of this Decree, Defendant shall post a copy of the revised policy described in paragraph 6, supra, in all of its facilities in a place where it is visible to employees. If the policy becomes defaced or unreadable, Defendant shall replace it by posting another copy of the policy. Within fifteen (15) days after the Consent Decree is entered, Defendant will post the revised policy. Within five (5) days of the posting of the revised policy, Defendant shall certify to the Commission compliance with the requirements of this paragraph.
8. During the term of this Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against discrimination on the bases of race and national origin, including interrelated accent/dialect. Each training program shall also include an explanation of Defendant's revised policy referenced in paragraph 6, above, and an explanation of the rights and responsibilities of employees and managers under the policy.
The first training program shall be completed within six (6) months after entry of the Decree by the Court. Subsequent training programs shall be conducted annually thereafter,
4

during the term of this Decree. At least fifteen (15) days prior to each program, Defendant shall provide the Commission with an agenda for the training program. Within fifteen (15) days after completion of each training program, Defendant shall certifY to the Commission the specific training which was undertaken, the date of each training program, and shall provide the Commission with a roster of all employees in attendance at each training program.
9. Beginning ,-"ithin thirty (30) days after the entry ofthis Decree by the Court, and continuing throughout the term of this Decree, Defendant shall conspicuously post the attached Employee Notice, marked Exhibit A, hereby made a part of this Decree, in a place in each of its facilities where it is visible to all employees. If the Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice. Within forty-five (45) days after entry of this Decree, Defendant shall notifY the Commission that the Notice has been posted pursuant to this provision.
10. During the term of this Decree, Defendant shall provide the Commission with reports at six (6) month intervals, with the first being due four (4) months after approval by the Court of this Decree. The reports '>vill include the following information:
A. the identities of all individuals who have complained to any of Defendant's o\~l1ers, managers, or supervisors, of race or national origin discrimination in violation of Title VII of the Civil Rights Act of 1964, including by way of identification each person's name, address, telephone number, position, and social security number; B. for each individual identified in 1O.A. above, explain the outcome
5

of the individual's complaint of discrimination and any ensuing investigation or action to address the complaint. Describe whether the individual's employment status has changed in any respect (for example, including but not limited to, termination, firing, demotion, promotion, or to part-time from full-time) since the complaint was made; and C. for each individual whose employment status has changed as identified in 10.8. above, a detailed statement explaining why the individual's employment status has changed. In the event there is no activity to report pursuant to this paragraph, Defendant shall send EEOC a "negative" report indicating no activity. II. The Commission may review compliance with this Decree. As part of such review, the Commission may inspect Defendant's facilities, interview employees and examine and copy documents. 12. If anytime during the term of this Decree, the Commission believes that Defendant is in violation of the Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have ten (I 0) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period of ten (10) days or such additional period as may be agreed upon by them, in which to engage in negotiation regarding such allegations before the Commission exercises any remedy provided by law. 13. The term of this Decree shall be for two (2) years from its entry by the Court. 14. All reports or other documents sent to the Commission by Defendant pursuant to this Decree shall be sent to: Lynette A. Barnes, Regional Attorney, Equal Employment
6
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Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202. 15. Each party shall bear its own costs and attorney's fees, and neither party shall be
considered to have prevailed in this litigation, as no part of the resolution of this case shall be considered to be an admission of wrongdoing by any party.
16. This case is dismissed with prejudice and removed from the docket of this Court, except that this Court shall retain jurisdiction of this cause during the term of the Decree for purposes of monitoring compliance with this Decree and entry of such further orders as may be necessary or appropriate.

Date I •

J e, U.S. District Court Western District of Virginia

7

The parties jointly request that the Court approve and enter the Consent Decree: EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, Plaintiff RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDQLYN YOUNG REAMS Associate Genefal. ounsel
Regio I Attorney Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, N.C. 28202
Senior Trial Attorney, VSB # 35609 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Richmond Local Office 830 East Main Street, Suite 600 Richmond, Virginia 23219 (804)771-2214 (804) 771-2222 facsimile
8

MARK MITCHELL LAWSON, ESQ., VSB # 15903 R. LUCAS HOBBS, ESQ., VSB # 42861 Elliott, Lawson & Minor P.C. P.O. Box 8400 Bristol, VA 24203-8400
9

EMPLOYEE NOTICE
1. This notice is being posted pursuant to an agreement between the U.S. Equal Employment Opportunity Commission and Olver Incorporated.
2. Federal law requires that employers not discriminate against any employee or applicant for employment because of the individual's race, color, religion, sex, national origin, age (40 or older) or disability. Title VII specifically prohibits discrimination based on race and national origin.
3. Olver Incorporated will comply with such federal law in all respects. Furthermore, Olver Incorporated will not take any actions against employees because they have exercised their rights, reported an alleged violation under the law or given testimony, assistance or participation in any investigation, proceeding or hearing conducted by the U. S. Equal Employment Opportunity Commission.
An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may contact their local U. S. Equal Employment Opportunity Commission field office for the purpose of filing a charge of employment discrimination. To locate the nearest field office, contact:
Equal Employment Opportunity Commission 1801 L Street, N.W.
Washington, DC 20507 TEL: 1-800-669-4000 TTY: 1-800-669-6820
This Notice will remain posted for at least two (2) years by agreement with the U.S. Equal Employment Opportunity Commission. DO NOT REMOVE THIS NOTICE ill<TIL: _ _ _ _ _ _ _ _ _-'. 2008.
Exh.A
.---------------

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Stacey Turner Caldwell (804) 771-2214 stacey.caldwel1@eeoc.gov

Richmond Local Office

830 East Main Street, Suite 600
Richmond, VA 23219 (804) 771-2200
TTY (804) 771-2227 FAX (804) 771-2222 EEOC Web Site: www.eeoc.gov

John F. Corcoran, Clerk of Court United States District Court Western District ofVirginia The PoffFederal Building 210 Franklin Road, S.W. Room 308 Roanoke, Virginia 24011

November 2, 2006

0LSI!K'8 It0Tf'II'!IOCMI OU,K8E. D. Iw8'I.'_ COURr I'I.EI)
NOV 032006
JOHN F. OOIIiCORAH, CI.!fII(
BY:
DEPUTY CLERK

RE: EEOC v. Olver Incorporated Civil Action No. 7:05cv00417

Dear Mr. Corcoran:

Enclosed for the Court's consideration for entry, please find a Consent Decree executed by counsel for both parties to the above-styled litigation.

If you have any questions or concerns, please caIl me at the number listed above.

~'cL S~urner Caldwell Senior Trial Attorney

Enclosure cc: R. Lucas Hobbs, Esq.

- - - - - - ......

 
 Case 7:05-cv-00417-SGW-PMS Document 50 Filed 07/24/06 Page 1 of 7 Pageid#: 877

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

JUL 242006

JOHN BY:

~ F.zC,O/R'ClO-R~ vANn, CLrERK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
OLVER INCORPORATED, and ADECCO USA, INC.,
Defendants.

)

)

Civil Action No. 7:0SCV00417

)

)

)

MEMORANDUM OPINION

)

)

)

)

By: Samuel G. Wilson

)

United States District Judge

)

The Equal Employment Opportunity Commission ("EEOC") brings this action under

Title VII' on behalf of Shannica Allen Dickenson. The EEOC claims that Olver Incorporated

("Olver") and Adecco USA, Inc. CAdecco") discriminated against Dickenson because she is

black and because she is from the Virgin Islands. The matter is before the court on the

defendants' motions for summary judgment.' Viewing the evidence in the light most favorable

to the EEOC and allowing the EEOC the benefit of all rational inferences supported by their

forecast evidence, the court finds that the EEOC has failed to demonstrate a genuine issue of

material fact as to whether Adecco took an adverse employment action against Dickenson and

grants Adecco's motion for summary judgment. However, the court finds that the EEOC has

demonstrated genuine issues of material fact regarding the claim against Olver and denies

Olver's motion for summary judgment.

I.

'42 U.S.c. §§ 2000e et seq.
'The EEOC has also filed a motion for partial summary judgment on the issue of Olver and Adecco's joint liability. Because the court finds that Adecco is entitled to summary judgment, the court will deny that motion.

Case 7:05-cv-00417-SGW-PMS Document 50 Filed 07/24/06 Page 2 of 7 Pageid#: 878
The following is a rendition of the events surrounding Dickenson's employment at Olver
drav.'ll from undisputed facts, all evidence forecast by the EEOC, and any evidence forecast by
Olver and Adecco which the EEOC has not forecast evidence capable of contradicting or
impeaching.' In March 2004, Olver placed an ad in a local newspaper seeking a receptionist
Olver typically relied on Adecco to supply them with administrative and clerical personnel;
however, after unsuccessful efforts through Adecco, Olver decided on a direct search, Dickenson
visited Olver on March 8 to inquire about the job, Robin Weyer, Olver's administrative staff
supervisor and senior secretary, and Jim Foreman, Olver's former financial controller,
interviewed Dickenson and ultimately hired her as a receptionist. Olver referred Dickenson to
Adecco to fill out the necessary paperwork for placement at Olver, including payToll documents,
During Dickenson's initial visit, Adecco gave Dickenson a handbook detailing, among other
things, the proper procedures for calling in sick and for reporting workplace harassment or
discrimination,
Dickenson began work as Olver's receptionist on March 10,2004. Several of
Dickenson's coworkers, including Weyer, Foreman, Olver president Bob Sallach, Olver engineer
3"[On summary judgment,] the court should give credence to the evidence favoring the nonmovant as well as that evidence supporting the moving party that is uncontradicted and unimpeached, at least to the extent that that evidence comes from disinterested witnesses." See Reeves v, Sanderson Plumbing Products, 530 U.s. 133 (2000) (internal quotes omitted). Moreover, "[i]n general, the chance that an unimpeached witness, even an interested one, will be disbelieved is not enough to defeat a motion for summary jUdgment." Wilson v. City of Des Moines, Iowa, 293 F.3d 447, 454 (7th Cir. 2002) (emphasis added). See also Mesnick v. General Elec. Co., 950 F,2d 816, 822 (1st CiLI991), cert, denied, 504 U,S, 985 (1992), ("[N]or would [the plaintiff] automatically be entitled to a trial simply in the hope that the jury might disbelieve consistent, plausible, and otherwise unimpeached testimony from four other witnesses, even if (dubitante) they were technically 'interested' parties."').
Moreover, as a former Olver employees, Splitt's and Foreman's interests in Olver are diminished, if not eliminated,
2

Case 7:05-cv-00417-SGW-PMS Document 50 Filed 07/24/06 Page 3 of 7 Pageid#: 879
Shawn Veltman, and former Olver secretary Amy Splitt observed performance issues from day one, including trouble operating the phone system, dropped or lost calls, mispronunciation of employees' names, misidentification of the company as "Oliver" when speaking 'kith clients, incorrect grammar when speaking ",ith clients, inaccurately relaying phone messages, and speech that was difficult to understand due to accent. For example, Sallach was out of the office when Dickenson started work, and when he attempted to call into the office over the course of Dickenson's first two days, Dickenson dropped or misdirected his calls several times. Sallach also noted Dickenson's difficulty pronouncing "Olver" during those calls, and Dickenson attempted to relay a phone message but gave Sallach the wrong name and phone number. Dickenson does not deny that she may have dropped "some" calls, mispronounced coworkers' names, and mispronounced the company's name; she also concedes that she "probably could have" used incorrect grammar.
Reflecting on her short time at Olver, Dickenson claims to have had strained relations with Olver engineer Shawn Veltman. On one occasion, Veltman refused to acknowledge Dickenson when entering the office, despite multiple greetings. According to former secretary Splitt, Veltman told Sallach, "We can't have a Jamaican representing the company on the phone."· Veltman emailed Foreman early in the morning of Dickenson's third day, complaining about incorrect grammar and dropped calls, and he implored Foreman to "find someone that can speak proper English." Foreman responded essentially by saying that Dickenson needed more
4In his deposition, Veltman denies having ever made the comment. Also, Splitt claims that she learned of the comment through Weyer, but Weyer denies having ever heard Veltman make the comment. Because this matter is before the court on a motion for summary judgment, the court must view the evidence in the light most favorable to the EEOC, as the non-movant, and must disregard Veltman's and Weyer's testimony for the time being.
3

Case 7:05-cv-00417-SGW-PMS Document 50 Filed 07/24/06 Page 4 of 7 Pageid#: 880
time to learn and that she was the most qualified candidate he had interviewed. That same day, Sallach called Foreman to discuss his difficulty getting through on the phone, as well as Dickenson's difficulty pronouncing "Olver" and the inaccurate phone message. Foreman construed his conversation with Sallach as an order to terminate Dickenson. Therefore, on March 16, 2004, after Dickenson had spent only four and a half days on the job, Foreman had Weyer take Dickenson aside and tell her that Olver was terminating her employment. Weyer gave no specific reason for Dickenson's termination;' however, Weyer prepared a memo to file citing a "language barrier" as the reason for Dickenson's termination. When asked about Dickenson's termination, Splitt says that Dickenson just needed more time to learn her job; that Dickenson was steadily improving; and that Dickenson's Caucasian predecessor, who Olver also fired for reasons unknown to Splitt, "messed up even after having been there for a year." Soon after Dickenson's exit, Olver hired a white replacement. Olver terminated her, though, after only a short time on the job, citing her poor performance.
After her termination, Dickenson returned to Adecco only to find that Adecco had entered "Reason for termination: accent/dialect" in her employment file. Adecco offered to search for a new placement for Dickenson, but Dickenson rejected the offer and eventually found employment elsewhere. Reflecting on her experience with Adecco, Dickenson says that she has no reason to believe that anyone at Adecco played a role in her termination at Olver and that no one at Adecco ever said or did anything discriminatory to her.
II.
'In her deposition, Weyer testifies that she told Dickenson that the reason for her termination was her failure to properly operate the phone system and to correctly pronounce names; however, for purposes of summary judgment, the court will disregard Weyer's testimony.
4

Case 7:05-cv-00417-SGW-PMS Document 50 Filed 07/24/06 Page 5 of 7 Pageid#: 881
Even assuming Adecco was Dickenson's "employer" for purposes of Title VII: as part of its prima facie case, the EEOC must demonstrate that Adecco took an adverse employment action against Dickenson. McDonnell Douglas Com. v. Green, 411 U.S. 792, 802-05 (1973); Warch v. Ohio Cas. Ins. Co., 435 F.3d 510,514-18 (4th Cir. 2006) (ADEA case)7; White v. BFI Waste Servs.. LLC, 375 F.3d 288,295 (4th Cir.2004). Viewing the evidence in the light most favorable to the EEOC and allowing all reasonable inferences from the EEOC's forecast evidence, the court finds that the EEOC has failed to demonstrate a genuine issue of material fact that Adecco took an adverse employment action against Dickenson. See Fed. R. Civ. P. 56; Warch, 435 F.3d at 513 (setting out summary judgment standard) (citing Celotex Com. v. Catrett, 477 U.S. 317, 322-23 (1986) (holding also that a failure of proof on an essential element "necessarily renders all other facts immaterial"); Anderson v. Liberty Lobby. Inc., 477 U.S. 242, 255 (1986». The EEOC has failed to forecast evidence from which a finder of fact could conclude either that Adecco played a role in Dickenson's discharge or that Adecco shared control over employees placed with Olver to the point of rendering Adecco jointly liable for Olver's employment decisions. Accordingly, the court finds that Adecco is entitled to summary judgment.
6Compare Amarnare v. Merrill Lynch. Pierce. Fenner & Smith. Inc., 611 F.Supp. 344, 349 (SD.N.Y.1984) (assuming that employee who brought Title VII complaint against company to which she was assigned by temporary agency was employee of temporary agency), aff'd sub nom. Aharnare v. Marrill Lynch, 770 F.2d 157 (2d Cir.1985), with Williams v. Caruso, 966 F.Supp. 287, 295-96 (D.DeI.1997) (holding that employment agency was not plaintiffs employer because it did not playa role in the manner and means by which plaintiff worked).
7Warch involved a claim under the Age Discrimination in Employment Act, 29 U.S.c. § 621 et seq. However, with very few exceptions, the standards and analysis under Title VII and the ADEA are interchangeable. See Thurston v. TWA, 469 U.S. 111,121 (1985); E.E.O.C. v. Seafarers Intern. Union, 394 F.3d 197, 203 (4th Cir. 2005).
5

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The EEOC simply has failed to forecast a single piece of evidence from which the finder of fact could conclude that Adecco played or even could have played a role in Dickenson's discharge from Olver. Indeed, Dickenson even testified that she has no reason to believe that Adecco played a direct role in her termination. As for the EEOC's joint liability argument, the EEOC relies on the undisputed facts that Adecco placed temporary employees with Olver, administered payroll for those employees, and served as the party to whom those employees could call in sick or report discrimination. However, a finder of fact considering these acts, v.ithout more, could not reasonably infer that Adecco exercised the sort of day-to-day control over Dickenson necessary to render Adecco jointly responsible for Dickenson's termination. See Watson v. Adecco Employment Servs.. Inc., 252 F.Supp.2d 1347, 1356 (M.D.Fla.2003); Williams v. Caruso, 966 F.Supp. 287,296 (DDeLl997); Astrowskv v. First Portland Mortgage Com., 887 F.Supp. 332, 333 (D.Me.l995).
III. The EEOC has forecast evidence with the potential to demonstrate disparate expectations and treatment of individuals similarly situated to Dickenson. Viewing this evidence in the light most favorable to the EEOC, as the court must at this juncture, the court finds that there is at least a possibility that a reasonable trier of fact could find that race and/or national origin played a role in Dickenson's termination. Accordingly, the court denies Olver's motion for summary judgment.
IV. For the foregoing reasons, the court grants Adecco' s motion for summary judgment and denies Olver's motion for summary judgment.
6

Case 7:05-cv-00417-SGW-PMS Document 50 Filed 07/24/06 Page 7 of 7 Pageid#: 883 ENTER: This 2i1hday of July, 2006.
7

 
 U.S. District Court Western District of Virginia (Roanoke) CIVIL DOCKET FOR CASE #: 7:05−cv−00417−sgw−pms

CLOSED

Equal Employment Opportunity Commission v. Olver Incorporated et al Assigned to: Judge Samuel G. Wilson Referred to: Magistrate Judge Pamela Meade Sargent Cause: 28:1343 Violation of Civil Rights
Plaintiff

Date Filed: 06/30/2005 Date Terminated: 11/06/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Gerald S. Kiel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THIRD FLOOR 10 S. HOWARD STREET BALTIMORE , MD 21201 410−962−4220 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stacey Turner Caldwell UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SUITE 600 830 EAST MAIN STREET RICHMOND , VA 23219 804−771−2214 Fax: 804−771−2222 Email: stacey.caldwell@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tracey Hudson Spicer EQUAL EMPLOYMENT OPPORTUNITY COMMISSION WASHINGTON FIELD OFFICE 1801 L STREET NW SUITE 100 WASHINGTON , DC 20507 202−419−0711 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Olver Incorporated

represented by Mark Mitchell Lawson ELLIOTT LAWSON &MINOR PC SUITE 300 110 PIEDMONT AVENUE BRISTOL , VA 24201−4159 276−466−8400 Fax: 276−466−8161 Email: mlawson@elliottlawson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Lucas Hobbs ELLIOTT LAWSON &MINOR PC SUITE 300

Defendant
Adecco USA, Inc. TERMINATED: 07/24/2006

110 PIEDMONT AVENUE BRISTOL , VA 24201−4159 276−466−8400 Fax: 276−466−8161 Email: lhobbs@elliottlawson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Thomas Richard Bagby WOODS ROGERS PLC PO BOX 14125 ROANOKE , VA 24038−4125 540−983−7766 Fax: 540−983−7711 Email: bagby@woodsrogers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Hope Cothran WOODS ROGERS PLC PO BOX 14125 ROANOKE , VA 24038−4125 983−7525 Fax: 983−7714 Email: hcothran@woodsrogers.com ATTORNEY TO BE NOTICED

Date Filed 06/30/2005
07/01/2005 09/26/2005
10/11/2005 10/11/2005
10/12/2005 10/13/2005
10/14/2005 10/14/2005 10/18/2005 10/18/2005 10/31/2005

#

Docket Text

1 COMPLAINT against Olver Incorporated, Adecco USA, Inc. filed by Equal Employment Opportunity Commission. 100 Day Notice due by 10/8/2005; 120 Day Service due by 10/28/2005. (Attachments: # 1 Cover Letter and Civil Cover Sheet)(rkc ) (Entered: 07/01/2005)

2 Summons Issued as to Olver Incorporated, Adecco USA, Inc. (rkc )

3 RETURN of service of Summons in a Civil Case on 9/22/2005 upon Nanette L. Rider, Managing Agent for CT Corporation System (mec) (Entered: 09/27/2005)

4 ANSWER to Complaint by Adecco USA, Inc..(Bagby, Thomas)

5 Positive Corporate Disclosure Statement by Adecco USA, Inc. identifying Adecco, SA as Corporate Parent. (Bagby, Thomas) Modified on 11/1/2005 − Changed text to reflect Positive Disclosure (rkc )

6 100 Day Notice Letter. (tob, )

7 SUMMONS Returned Executed by Equal Employment Opportunity Commission. Olver Incorporated served on 9/26/2005, answer due 10/17/2005. (rkc )

8 ANSWER to Complaint by Olver Incorporated.(Lawson, Mark)

9 Negative Corporate Disclosure Statement by Olver Incorporated. (Lawson, Mark)

10 Scheduling Letter to counsel. (rkc )

11 Magistrate's Notice to counsel. (rkc )

12 SCHEDULING ORDER: Jury Trial set for May 2−4, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson.. Signed by Judge Samuel G. Wilson on 10/31/2005. (rkc ) (Entered: 11/01/2005)

11/01/2005 12/08/2005 12/12/2005 01/19/2006 01/19/2006 02/01/2006
02/01/2006 02/01/2006 02/01/2006 02/06/2006 02/06/2006 02/08/2006 02/09/2006 02/13/2006
02/28/2006 02/28/2006 02/28/2006 03/07/2006 03/08/2006 03/21/2006
04/17/2006 04/18/2006 05/04/2006

13 Notice of Correction: Redocketed 12 Scheduling Order. (rkc)
14 Negative Corporate Disclosure Statement by Olver Incorporated. (Lawson, Mark)
15 NOTICE of Appearance by Robert Lucas Hobbs on behalf of Olver Incorporated (Hobbs, Robert)
16 Notice of Correction : Deleted original doc entry #16 (Return of Service) to allow for refiling with redactions. (rkc )
17 RETURN of service of subpoena on January 12, 2006 upon Tom Wilkinson (Hobbs, Robert)
18 AFFIDAVIT of Service for Subpoena Duces Tecum served on Carnival Cruise Lines on January 18, 2006, filed by Olver Incorporated. (Hobbs, Robert)
19 Joint MOTION to Continue The Trial Date by Adecco USA, Inc.. (Cothran, Elizabeth)
20 NOTICE to Take Deposition of Shannica Allen Dickerson by Olver Incorporated.(Hobbs, Robert)
21 NOTICE to Take Deposition of plaintiff by Olver Incorporated.(Hobbs, Robert)
22 RETURN of service of Subpoena on January 30, 2006 upon Salem Health &Rehab Center (Hobbs, Robert)
23 RETURN of service of Subpoena on January 19, 2006 upon City Trust Mortgage (Hobbs, Robert)
24 ORDER granting 19 Motion to Continue. Signed by Judge Pamela Meade Sargent on 2/8/06. (Bordwine, Robin)
25 NOTICE of Hearing: Jury Trial RESET for June 27−29, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson. (rkc )
26 AFFIDAVIT of Service for Subpoena Duces Tecum served on Generation Solutions on February 7, 2006, filed by Olver Incorporated. (Hobbs, Robert)
27 RETURN of service of subpoena on February 13, 2006 upon Royal Caribbean (Attachments: # 1)(Hobbs, Robert)
28 NOTICE to Take Deposition of Equal Employment Opportunity Commission by Olver Incorporated.(Hobbs, Robert)
29 NOTICE to Take Deposition of EEOC by Adecco USA, Inc..(Cothran, Elizabeth)
30 NOTICE to Take Deposition of Kathleen P. Harmon by Adecco USA, Inc..(Cothran, Elizabeth)
31 NOTICE to Take Deposition of Kathleen P. Harmon by Olver Incorporated.(Hobbs, Robert)
32 Minute Entry for proceedings held before Judge Pamela Meade Sargent : Telephone Conference held on 3/21/2006 with counsel regarding possible need to reschedule discovery deposition of witness from 3/22/06. Counsel ordered that witness shall make himself available 3/22/06 or 3/28/06. (Sargent, Pamela)
33 NOTICE by Adecco USA, Inc. of Hearing (Cothran, Elizabeth)
34 NOTICE by Olver Incorporated of Hearing (Hobbs, Robert)
35 MOTION for Summary Judgment by Olver Incorporated. (Hobbs, Robert)

05/04/2006 05/04/2006 05/04/2006 05/04/2006 05/05/2006 05/08/2006
05/17/2006 05/18/2006 05/18/2006
05/18/2006 05/23/2006

36 Brief / Memorandum in Support re 35 MOTION for Summary Judgment filed by Olver Incorporated. (Attachments: # 1 Dickenson Excerpt# 2 Weyer Excerpt# 3 Harmon Excerpt# 4 Veltman Excerpt# 5 Foreman Excerpt# 6 Schultz Excerpt# 7 Splitt Excerpt# 8 Sallach Excerpt# 9 Blaylock Excerpt and Exhibit)(Hobbs, Robert)
37 MOTION for Summary Judgment by Adecco USA, Inc.. (Bagby, Thomas) Additional attachment(s) added on 5/5/2006 (rkc, ).
38 Brief / Memorandum in Support re 37 MOTION for Summary Judgment filed by Adecco USA, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5)(Bagby, Thomas) Additional attachment(s) added on 5/5/2006 (rkc, ).
39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability by Equal Employment Opportunity Commission. Responses due by 5/18/2006 (Caldwell, Stacey)
40 Notice of Correction : Deleted doc #40 (filed as CROSS MOTION for Partial Summary Judgment Memo in Support by Equal Employment Opportunity Commission). Corrected and complete document will be refiled by counsel on 5/8/06. (rkc )
41 Brief / Memorandum in Support re 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Index of Exhibits# 2 Exhibit Exh 1− Pt 1− Allen Excerpt# 3 Exhibit Exh 1− Pt 2− Allen Excerpt# 4 Exhibit Exh 1− Pt 3− Allen Excerpt# 5 Exhibit Exh 2− Adecco Handbook Excerpt# 6 Exhibit Exh 3− Commitment Sheet# 7 Exhibit Exh 4− Anti−Harassment Bulletin# 8 Exhibit Exh 5− Pt 1− Weyer Excerpt# 9 Exhibit Exh 5− Pt 2− Weyer Excerpt# 10 Exhibit Exh 6− Weyer Memo# 11 Exhibit Exh 7− Splitt Excerpt# 12 Exhibit Exh 8− Smith Excerpt# 13 Exhibit Exh 9− Pt 1− EEOC Guidance# 14 Exhibit Exh 9− Pt 2− EEOC Guidance# 15 Exhibit Exh 10− Blaylock Excerpt# 16 Exhibit Exh 11− Sallach Excerpt# 17 Exhibit Exh 12− Foreman Excerpt)(Caldwell, Stacey)
42 AMENDED NOTICE of Hearing on 35 MOTION for Summary Judgment, 37 MOTION for Summary Judgment, 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability:Hearing on 5/25/2006 RESET at 09:00 AM Roanoke before Judge Samuel G. Wilson.(rkc ) (Entered: 05/18/2006)
43 Brief / Memorandum in Opposition re 39 Cross MOTION for Partial Summary Judgment on Issue of Joint Liability filed by Adecco USA, Inc.. (Attachments: # 1 Declaration of Richard Seamans)(Bagby, Thomas)
44 Brief / Memorandum in Opposition re 37 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Index to Exhibits# 2 Exhibit Exh 13− Allen Pt 2# 3 Exhibit Exh 14 A− Weyer Pt 2 A# 4 Exhibit Exh 14 B− Weyer Pt 2 B# 5 Exhibit Exh 14 C− Weyer Pt 2 C# 6 Exhibit Exh 14 D− Weyer Pt 2 D# 7 Exhibit Exh 14 E− Weyer Pt 2 E# 8 Exhibit Exh 15− Smith Pt 2# 9 Exhibit Exh 16− Sallach Pt 2# 10 Exhibit Exh 17− Foreman Pt 2# 11 Exhibit Exh 18− Veltman Excerpt# 12 Exhibit Exh 19− Veltman Email# 13 Exhibit Exh 20− Splitt Pt 2# 14 Exhibit Exh 21− Adecco Cmptr Printout# 15 Exhibit Exh 22− Olver Job Anncmt)(Caldwell, Stacey)
45 Brief / Memorandum in Opposition re 35 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Caldwell, Stacey)
46 REPLY to Response to Motion re 37 MOTION for Summary Judgment filed by Adecco USA, Inc.. (Attachments: # 1 Exhibit 1 Smith EEOC Affidavit)(Bagby, Thomas)

05/23/2006 05/25/2006
05/26/2006 07/24/2006 07/24/2006
08/01/2006
10/03/2006
10/12/2006 10/12/2006 10/12/2006 11/06/2006 11/06/2006

47 REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by Olver Incorporated. (Hobbs, Robert)
48 Minute Entry for proceedings held before Judge Samuel G. Wilson : Motion Hearing held on 5/25/2006 re 35 MOTION for Summary Judgment filed by Olver Incorporated,, 37 MOTION for Summary Judgment filed by Adecco USA, Inc. (Court Reporter Judy Webb) (rkc )
49 STIPULATION ORDER REGARDING WITNESS AND EXHIBIT LISTS. Signed by Judge Samuel G. Wilson on 5/26/2006. (mec, )
50 MEMORANDUM OPINION. Signed by Judge Samuel G. Wilson on 07/24/2006. (rkc )
51 ORDER denying 39 Motion for Partial Summary Judgment, denying 35 Motion for Summary Judgment, granting 37 Motion for Summary Judgment . Signed by Judge Samuel G. Wilson on 07/24/2006. (rkc )
52 NOTICE of Hearing: Jury Trial RESET for October 26−27, 2006 09:00 AM in Roanoke before Judge Samuel G. Wilson. (rkc ) (Entered: 08/02/2006)
53 MOTION in Limine and Supporting Memorandum by Olver Incorporated. (Attachments: # 1 Dickenson deposition excerpt# 2 Splitt deposition excerpt# 3 Smith deposition excerpt)(Hobbs, Robert)
55 Witness List by Equal Employment Opportunity Commission. (Attachments: # 1 Plaintiff's Witness List)(Caldwell, Stacey)
56 Exhibit List by Equal Employment Opportunity Commission.. (Caldwell, Stacey)
57 Witness List by Olver Incorporated. (Hobbs, Robert)
58 RETURN of service of Subpoenas (3) on 10/18/06 (rkc )
59 CONSENT DECREE. Signed by Judge Samuel G. Wilson on 11/06/2006. (Attachments: # 1 Exhibit A − Employee Notice)(rkc )