Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 1 of 22
CLOSED,A/R,LEAD,STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:05−cv−03389−TMG

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. CONECTIV et al Assigned to: HONORABLE THOMAS M. GOLDEN Case in other court: USCA FOR THE THIRD CIRCUIT,
08−02674 Cause: 28:451 Employment Discrimination
BOGAN, INC./HAKE GROUP

Date Filed: 07/01/2005 Date Terminated: 02/19/2008 Jury Demand: Both Nature of Suit: 442 Civil Rights: Employment Jurisdiction: U.S. Government Plaintiff

Plaintiff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

represented by TERRENCE R. COOK EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 801 MARKET STREET PENTHOUSE, SUITE 1300 PHILADELPHIA, PA 19107 215−440−2688 Email: terrence.cook@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

HANNAH SCHWARZSCHILD HAGENS BERMAN SOBOL SHAPIRO LLP 55 CAMBRIDGE PARKWAY SUITE 301 CAMBRIDGE, MA 02142 617−482−3700 Email: hannahs@hbsslaw.com ATTORNEY TO BE NOTICED

JACQUELINE H. MCNAIR U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 801 MARKET ST. PENTHOUSE, SUITE 1300 PHILADELPHIA, PA 19107 215−440−2666 Email: jacqueline.mcnair@eeoc.gov ATTORNEY TO BE NOTICED

JUDITH A. O'BOYLE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 S. 5TH ST STE 400 PHILADELPHIA, PA 19106 215−440−2687 Email: judith.oboyle@eeoc.gov ATTORNEY TO BE NOTICED

Plaintiff JAMES GRIMES

represented by JOANNE RATHGEBER HILL WALLACK LLP 777 TOWNSHIP LINE RD STE 250 YARDLEY, PA 19067 215−579−7700

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Fax: 215−579−9248 Email: mmv@hillwallack.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff JAMES SLATER

represented by JOANNE RATHGEBER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff KEITH RIDDICK

represented by JOANNE RATHGEBER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff JEFFREY CAMPBELL

represented by JOANNE RATHGEBER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant CONECTIV
Defendant A.C. DELLOVADE, INC.

represented by HARRY T. JONES , JR. HOGAN AND HARTSON LLP 555 13TH STREET, N.W. COLUMBIA SQUARE WASHINGTON, DC 20004−1109 202−637−6529 Email: htjones@hhlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSANNE HARRIS CARNELL LORENGER & CARNELL PLC 651 SOUTH WASHINGTON ST ALEXANDRIA, VA 22314 703−684−1804 Fax: 703−684−1805 Email: scarnell@lorengercarnell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID NEWMANN HOGAN LOVELLS US LLP 1735 MARKET STREET 23RD FLOOR PHILADELPHIA, PA 19103 267−675−4610 Fax: 267−675−4601 Email: david.newmann@hoganlovells.com ATTORNEY TO BE NOTICED
represented by ABIGAIL D. FLYNN−KOZARA REED SMITH LLP 435 SIXTH AVE PITTSBURGH, PA 15219

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOSEPH P. MILCOFF REED SMITH LLP 435 SIXTH AVE PITTSBURGH, PA 15230−2009 412−288−4108 Email: jmilcoff@reedsmith.com TERMINATED: 02/21/2008 LEAD ATTORNEY

ROBERT B. COTTINGTON COHEN & GRIGSBY, P.C. 625 LIBERTY AVE PITTSBURGH, PA 15222−3152 412−297−4900 Email: rcottington@cohenlaw.com TERMINATED: 04/23/2007 LEAD ATTORNEY

KIMBERLY M. KAPLAN REED SMITH L.L.P. 2500 ONE LIBERTY PLACE PHILADELPHIA, PA 19103 215−241−7965 Email: kkaplan@reedsmith.com ATTORNEY TO BE NOTICED

Defendant
STEEL SUPPLIERS ERECTORS, INC.

represented by G. KEVIN FASIC OFFIT KURMAN, P.A. 1201 N. ORANGE STREET SUITE 10 WILMINGTON, DE 19801 302−351−0901 Fax: 302−654−4406 Email: kfasic@offitkurman.com TERMINATED: 09/12/2006 LEAD ATTORNEY

MICHAEL T. HOLLISTER HOLLISTER LAW LLC 1608 WALNUT ST SUITE 1703 PHILADELPHIA, PA 19107 215−200−5010 Email: michael@hollisterlawllc.com TERMINATED: 11/01/2006 LEAD ATTORNEY

PATRICK M. MCGRORY TIGHE & COTTRELL, P.A. ONE CUSTOMS HOUSE, SUITE 500 POBOX 1031 704 N. KING STREET WILMINGTON, DE 19899 302−658−6400 Email: p.mcgrory@tighecottrell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

PAUL COTTRELL TIGHE & COTTRELL P.A. ONE CUSTOMS HOUSE, SUITE 500

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704 N. KING STREET P.O. BOX 1031 WILMINGTON, DE 19899 302−658−6400 Fax: 302−658−9836 Email: p.cottrell@tighecottrell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
MATRIX SERVICES INDUSTRIAL CONTRACTORS doing business as BOGAN, INC./HAKE GROUP

represented by SARA A. BEGLEY Holland & Knight LLP Cira Centre 2929 Arch Street, Suite 800 Philadelphia, PA 19104 215−252−9531 Fax: 215−867−6070 Email: Sara.Begley@hklaw.com ATTORNEY TO BE NOTICED

SHANNON ELISE MCCLURE REED SMITH LLP 2500 ONE LIBERTY PLACE 1650 MARKET ST. PHILADELPHIA, PA 19103 215−851−8226 Email: smcclure@reedsmith.com ATTORNEY TO BE NOTICED

WAYNE C. STANSFIELD REED SMITH LLP 1717 ARCH STREET SUITE 3100 PHILADELPHIA, PA 19103 215−851−8100 Fax: 215−851−1420 Email: wstansfield@reedsmith.com ATTORNEY TO BE NOTICED

Defendant STEEL SUPPLIERS, INC.

represented by G. KEVIN FASIC (See above for address) TERMINATED: 09/12/2006 LEAD ATTORNEY

MICHAEL T. HOLLISTER (See above for address) TERMINATED: 11/01/2006 LEAD ATTORNEY

PAUL COTTRELL (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
IRONWORKERS LOCAL UNION NO. 36

represented by QUINTES D. TAGLIOLI MARKOWITZ & RICHMAN 121 NORTH CEDAR CREST BLVD 2ND FL ALLENTOWN, PA 18104 610−820−9531 Email: qdtaglioli@markowitzandrichman.com

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375

represented by HANNAH SCHWARZSCHILD (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/01/2005
07/01/2005 07/01/2005 07/22/2005 07/22/2005 08/04/2005
08/04/2005
08/04/2005 08/05/2005 08/09/2005
08/16/2005 08/16/2005 08/17/2005

# Docket Text
1 COMPLAINT against CONECTIV, A.C. DELLOVADE, INC., STEEL SUPPLIERS ERECTORS, INC., MATRIX SERVICES INDUSTRIAL CONTRACTORS , filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.(bj, ) (Entered: 07/07/2005)
Summons Issued as to CONECTIV, A.C. DELLOVADE, INC., STEEL SUPPLIERS ERECTORS, INC., MATRIX SERVICES INDUSTRIAL CONTRACTORS. Forwarded To: counsel on 7/1/05 (bj, ) (Entered: 07/07/2005)
DEMAND for Trial by Jury by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (bj, ) (Entered: 07/07/2005)
2 NOTICE of Appearance by DAVID NEWMANN on behalf of CONECTIV with Certificate of Service (NEWMANN, DAVID) (Entered: 07/22/2005)
3 NOTICE by CONECTIV Pursuant to Local Rule 40.1(c)(2) (NEWMANN, DAVID) (Entered: 07/22/2005)
4 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: DENORRIS BRITT served Summons and Complaint upon DAVID BLOO, on behalf of STEEL SUPPLIERS ERECTORS, INC. by personal service, served on 7/19/2005, answer due 8/8/2005. (afm, ) (shn, ). (Entered: 08/04/2005)
5 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: BARRY EVELAND served Summons and Complaint upon JULIA SWINTEK on behalf of CONECTIV by personal service, served on 7/21/2005, answer due 8/10/2005. (afm, ) (shn, ). (Entered: 08/04/2005)
6 Stipulation Extending Time to Answer the complaint. CONECTIV answer due 9/9/2005, with Clerk's approval, CERTIFICATE OF SERVICE. (afm, ) (Entered: 08/05/2005)
7 NOTICE of Appearance by G. KEVIN FASIC on behalf of STEEL SUPPLIERS ERECTORS, INC. with Certificate of Service (Attachments: # 1 Certificate of Service)(FASIC, G.) (Entered: 08/05/2005)
8 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: RICHARD AMEND served Summons and Complaint upon WILLIAM PARTER − CONTROLLER on behalf of A.C. DELLOVADE, INC. by personal service, served on 7/25/2005, answer due 8/15/2005. (afm, ) (shn, ). (Entered: 08/09/2005)
9 NOTICE of Appearance by WAYNE C. STANSFIELD on behalf of MATRIX SERVICES INDUSTRIAL CONTRACTORS with Certificate of Service (STANSFIELD, WAYNE) (Entered: 08/16/2005)
10 NOTICE of Appearance by SARA A. BEGLEY on behalf of MATRIX SERVICES INDUSTRIAL CONTRACTORS with Certificate of Service (BEGLEY, SARA) (Entered: 08/16/2005)
11 NOTICE by STEEL SUPPLIERS ERECTORS, INC. re 1 Complaint Stipulation to Extend Time to Answer Complaint (Attachments: # 1 Certificate of Service)(FASIC, G.) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 8/18/2005 (np). (Entered: 08/17/2005)

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08/19/2005 08/29/2005
08/30/2005
08/31/2005
09/06/2005 09/07/2005 09/07/2005 09/09/2005 09/22/2005
09/28/2005 09/30/2005 09/30/2005 10/03/2005 10/03/2005

12 NOTICE of Appearance by KIMBERLY M. KAPLAN on behalf of A.C. DELLOVADE, INC. with Certificate of Service (KAPLAN, KIMBERLY) (Entered: 08/19/2005)
13 STIPULATION AND ORDER THAT DEFENDANT A.C. DELLOVADE, INC. SHALL HAVE AN EXTENSION OF TIME UNITL 9/28/2005 TO ANSWER PLAINTIFF'S COMPLAINT.. SIGNED BY JUDGE GENE E.K. PRATTER ON 8/24/05. 8/29/05 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (shn, ). (Entered: 08/29/2005)
14 SUMMONS Returned Executed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION re: TOM FREDERICKS served Summons and Complaint upon MATRIX SERVICES INDUSTRIAL CONTRACTORS by personal service. MATRIX SERVICES INDUSTRIAL CONTRACTORS served on 8/6/2005, answer due 8/26/2005. (afm, ) (shn, ). (Entered: 08/30/2005)
15 MOTION FOR ADMISSION PRO HAC VICE OF ROBER B. COTTINGTON, ESQUIRE, JOSEPH P. MILCOFF, ESQUIRE, AND ABIGAIL D. FLYNN−KOZARA, ESQUIRE FILED BY A.C. DELLOVADE, INC.,CERTIFICATIONS, DECLARATIONS, CERTIFICATE OF SERVICE.(afm, ) (Entered: 09/01/2005)
16 ORDER THAT DEFENDANT A.C.'S MOTION FOR ADMISSION PRO HAC VICE OF ROBERT B. COTTINGTON, ESUIRE IS GRANTED.. SIGNED BY JUDGE GENE E.K. PRATTER ON 9/1/05.9/6/05 ENTERED AND COPIES MAILED AND FAXED. (afm, ) (shn, ). (Entered: 09/06/2005)
17 ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF JOSEPH P. MILCOFF IS GRANTED. . SIGNED BY JUDGE GENE E.K. PRATTER ON 9/6/05. 9/8/05 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (shn, ). (Entered: 09/08/2005)
18 ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF ABIGAIL D. FLYNN−KOZARA IS GRANTED. . SIGNED BY JUDGE GENE E.K. PRATTER ON 9/6/05. 9/8/05 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (shn, ). (Entered: 09/08/2005)
19 ANSWER to Complaint by CONECTIV, Certificate of Service. (Attachments: # 1 Disclosure Statement)(NEWMANN, DAVID) Modified on 9/13/2005 (np). (Entered: 09/09/2005)
20 ORDER THAT BY 10/6/05 ALL PARTIES IN ALL 4 CASES (05−3408, 05−3409, 05−3410 AND 05−3389) SHALL FILE WITH THE COURT THEIR RESPECTIVE POSITIONS ON THE ISSUE OF CONSOLIDATION OF THE CASES.. SIGNED BY JUDGE GENE E.K. PRATTER ON 9/22/05. 9/22/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 09/22/2005)
21 ANSWER to Complaint by A.C. DELLOVADE, INC., Certificate of Service.(KAPLAN, KIMBERLY) Modified on 9/29/2005 (md, ). (Entered: 09/28/2005)
22 Affirmative Defenses and ANSWER to Complaint with Jury Demand and Certificate of Service by STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificate of Service)(FASIC, G.) (Entered: 09/30/2005)
23 ANSWER to Complaint and Affirmative Defenses by MATRIX SERVICES INDUSTRIAL CONTRACTORS, Certificate of Service. (STANSFIELD, WAYNE) Modified on 10/3/2005 (np). (Entered: 09/30/2005)
24 APPLICATION FOR ADMISSION PRO HAC VICE OF HARRY T. JONES, JR. by CONECTIV, CERTIFICATE OF SEVICE. (afm, ) Additional attachment(s) added on 10/4/2005 (afm, ). (Entered: 10/04/2005)
25 APPLICATION FOR ADMISSION PRO HAC VICE OF SUSANNE HARRIS CARNELL by CONECTIV, CERTIFICATE OF SEVICE. (afm, ) (Entered: 10/04/2005)

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10/05/2005 10/05/2005 10/05/2005 10/05/2005 10/06/2005 10/06/2005 10/06/2005 10/13/2005
10/13/2005 10/21/2005 11/02/2005 11/03/2005 11/03/2005 11/17/2005
11/17/2005

26 Corporate Disclosure Statement with Certificate of Service by A.C. DELLOVADE, INC..(KAPLAN, KIMBERLY) Modified on 10/6/2005 (fh, ). (Entered: 10/05/2005)
27 Statement Regarding Consolidation by CONECTIV, Certificate of Service. (NEWMANN, DAVID) Modified on 10/6/2005 (fh, ). (Entered: 10/05/2005)
28 AFFIDAVIT in Support 24 Application for Admission Pro Hac Vice by CONECTIV, Certificate of Service. (NEWMANN, DAVID) Modified on 10/6/2005 (fh) (Entered: 10/05/2005)
29 AFFIDAVIT in Support of Motion for Admission Pro Hac Vice by CONECTIV, Certificate of Service. (NEWMANN, DAVID) Modified on 10/6/2005 (fh, ). (Entered: 10/05/2005)
30 Statement Regarding Consolidation by A.C. DELLOVADE, INC.. (KAPLAN, KIMBERLY) (Entered: 10/06/2005)
31 ORDER THAT DEFENDANT CONECTIV'S APPLICATION FOR ADMISSION PRO HAC VICE OF HARRY T. JONES IS GRANTED.. SIGNED BY JUDGE GENE E.K. PRATTER ON 10/6/05. 10/6/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 10/07/2005)
32 ORDER THAT DEFENDANT CONECTIV'S APPLICATION FOR ADMISSION PRO HAC VICE OF SUSANNE HARRIS CARNELL IS GRANTED.. SIGNED BY JUDGE GENE E.K. PRATTER ON 10/6/05. 10/6/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 10/07/2005)
33 ORDER THAT CIVIL ACTION NUMBERS 05−3389, 05−3408, 05−3409 AND 05−3410ARE CONSOLIDATED FOR ALL PURPOSES; THE CLERK SHALL TRANSFER ALL PAPERS FROM 05−3408, 05−3409 AND 05−3410 TO THE FILE OF 05−3389; ATTORNEYS FOR ALL PARTIES ARE DIRECTED TO FILE ALL PAPERS IN 05−3389; THE CLERK SHALL CLOSE CIVIL ACTION NUMBERS 05−3408, 05−3409 AND 05−3410.. SIGNED BY JUDGE GENE E.K. PRATTER ON 10/11/05. 10/13/05 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 10/13/2005)
PAPERS FROM CIVIL ACTIONS NO. 05−3408, 05−3409 AND 05−3410 TRANSFERRED TO THIS CASE, PLACED IN FILE 05−3389. (afm, ) (Entered: 10/14/2005)
34 NOTICE of Hearing: STATUS CONFERENCE SET FOR 11/23/2005 09:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 10/21/2005)
35 MOTION to Consolidate Cases filed by CONECTIV.Certificate of Service.(NEWMANN, DAVID) (Entered: 11/02/2005)
36 Corporate Disclosure Statement, Certificate of Service by MATRIX SERVICES INDUSTRIAL CONTRACTORS.(STANSFIELD, WAYNE) Modified on 11/7/2005 (fh) (Entered: 11/03/2005)
37 JOINDER MOTION to Consolidate Cases filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS, Certificate of Service.(STANSFIELD, WAYNE) Modified on 11/7/2005 (fh) (Entered: 11/03/2005)
38 MOTION FOR SUMMARY JUDGMENT FILED BY CONECTIV ON COMPLAINT OF EEOC, MEMORANDUM, STATEMENT,CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 STATEMENT OF UNDISPUTED FACTS# 3 EXHIBIT A2# 4 EXHIBIT A3# 5 EXHIBIT A# 6 EXHIBIT B) (EXHIBIT A1 IS PAPER FORMAT)(afm, ) (Entered: 11/18/2005)
39 MOTION FOR SUMMARY JUDGMENT FILED BY CONECTIV ON COMPLAINT OF KEITH RIDDICK, JAMES SLATER, ROY GRIMES AND JEFFREY CAMPBELL, MEMORANDUM, STATEMENT,CERTIFICATE OF SERVICE.. (Attachments: # 1 MEMO# 2 STATEMENT# 3 EXHIBIT A2# 4 EXHIBIT A3# 5 EXHIBIT A# 6 EXHIBIT B) (EXHIBIT A1 PAPER FORMAT)(afm, ) (Entered: 11/18/2005)

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11/18/2005
11/18/2005 11/28/2005 12/01/2005
12/07/2005 12/19/2005 12/21/2005 01/13/2006 01/21/2006 02/02/2006
02/14/2006 02/14/2006 02/15/2006 02/16/2006 02/17/2006

40 ORDER THAT CIVIL ACTION 05−3389 AND 05−5377 ARE CONSOLIDATED FOR ALL PUROPSES; THE CLERK SHALL TRANSFER 05−5377 INTO 05−3389; ATTORNEYS ARE DIRECTED TO FILE ALL PAPERS IN 05−3389; THE CLERK SHALL CLOSE 05−5377.. SIGNED BY JUDGE GENE E.K. PRATTER ON 11/18/05.11/21/05 ENTERED AND COPIES MAILED AND E−MAILED. (afm, ) (Entered: 11/21/2005)
PAPERS RECEIVED IN FROM 05−5377 (jl, ) (Entered: 11/21/2005)
41 Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Status Conference held on 11/23/05. (afm, ) (Entered: 11/28/2005)
42 SCHEDULING ORDER THAT ALL FACT DISCOVERY SHALL BE COMPLETED BY 6/16/06; ANY ADDITIONAL MOTIONS FOR SUMMARY JUDGMENT OR DAUBERT MOTIONS SHALL BE FILED AND SERVED ON OR BEFORE 9/9/06; A FURTHER PRETRIAL CONFERENCE WILL BE HELD ON 10/19/06 AT 10:00 A.M.; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 11/30/05. 12/2/05 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 12/02/2005)
43 NOTICE of Service RE: for Initial Disclosures by STEEL SUPPLIERS ERECTORS, INC. (FASIC, G.) Modified on 12/8/2005 (np). (Entered: 12/07/2005)
44 MOTION to Dismiss Count One of Plaintiff Jeffrey Campbell's Complaint filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS.Memorandum of Law, Certificate of Service.(STANSFIELD, WAYNE) Additional attachment(s) added on 12/19/2005 (np, ). (Entered: 12/19/2005)
45 Answer to Motion re 44 MOTION to Dismiss Count One of Plaintiff Jeffrey Campbell's Complaint filed by JEFFREY CAMPBELL, Memorandum, Certificate of Service. (RATHGEBER, JOANNE) Modified on 12/22/2005 (np). (Entered: 12/21/2005)
46 STATUS REPORT by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) (Entered: 01/13/2006)
47 NOTICE by STEEL SUPPLIERS ERECTORS, INC. Notice of Service of Supplemented Rule 26 Disclosures (FASIC, G.) (Entered: 01/21/2006)
48 ORDER THAT DEFENDANT AND PLAINTIFF SHALL PROVIDE THE COURT AND SERVE OPPOSING COUNSEL WITH A MEMORANDUM OF LAW ADDRESSING THE "SINGLE−FILING RULE" AND ITS POSSIBLE APPLICATION TO COUNT I OF THE COMPLAINT NO LATER THAN 14 DAYS FROM DATE OF THIS ORDER AND MEMORANDUM SHALL BE NO LONGER THAN 10 PAGES.. SIGNED BY JUDGE GENE E.K. PRATTER ON 2/1/06. 2/2/06 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 02/02/2006)
49 Memorandum of Law re 44 MOTION to Dismiss Count One of Plaintiff Jeffrey Campbell's Complaint in Compliance with Order of the Court dated February 1, 2006, filed by JEFFREY CAMPBELL. (RATHGEBER, JOANNE) (Entered: 02/14/2006)
50 NOTICE by STEEL SUPPLIERS ERECTORS, INC. for the Deposition of James Slater for February 28, 2006 at 9:00 a.m. (Attachments: # 1 Certificate of Service)(FASIC, G.) (Entered: 02/14/2006)
51 Supplemental Memorandum in Support re 44 MOTION to Dismiss Count One of Plaintiff Jeffrey Campbell's Complaint filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS, Certificate of Service. (STANSFIELD, WAYNE) Modified on 2/16/2006 (np). (Entered: 02/15/2006)
52 STATUS REPORT 30 Day Report No. 1 by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) (Entered: 02/16/2006)
53 MOTION for Leave to File Response to Defendant Bogan's Supplemental Memorandum of Law relative to the Single−Filing Rule filed by JEFFREY CAMPBELL.Memorandum and Certificate of Service.(RATHGEBER, JOANNE) (Entered: 02/17/2006)

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02/22/2006
02/22/2006 03/20/2006 03/21/2006 03/22/2006 05/09/2006 05/25/2006
05/25/2006 06/06/2006 06/06/2006
06/08/2006 06/09/2006 06/16/2006 06/20/2006 06/21/2006

54 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE IS GRANTED ALLOWING PLAINTIFF TO FILE THE ATTACHED RESPONSE TO BOGAN SUPPLEMENTAL MEMORANDUM OF LAW. SIGNED BY JUDGE GENE E.K. PRATTER ON 2/22/06.2/22/06 ENTERED AND COPIES MAILED AND FAXED. (afm, ) (shn, ). (Entered: 02/22/2006)
55 RESPONSE TO BOGAN'S ADDITIONAL MEMORANDUM OF LAW RELATIVE TO THE SINGLE FILING RULE by JEFFREY CAMPBELL (SEE PAPER #53 FOR PDF). (afm, ) (shn, ). (Entered: 02/22/2006)
56 NOTICE of Hearing on Motion 44 MOTION to Dismiss Count One of Plaintiff Jeffrey Campbell's Complaint: MOTION HEARING SET FOR 4/18/2006 03:00 PM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 03/20/2006)
57 NOTICE of Rescheduled Hearing on Motion 44 MOTION to Dismiss Count One of Plaintiff Jeffrey Campbell's Complaint: MOTION HEARING SET FOR 5/11/2006 03:00 PM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 03/21/2006)
58 STATUS REPORT by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) (Entered: 03/22/2006)
59 NOTICE of Rescheduled Hearing on Motion 44 MOTION to Dismiss Count One of Plaintiff Jeffrey Campbell's Complaint: MOTION HEARING SET FOR 5/24/2006 02:00 PM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab) (Entered: 05/09/2006)
60 MEMORANDUM AND OPINION GRANTING DEFENDANT BOGAN, INC.'S MOTION TO DISMISS COUNT I OF PLAINTIFF JEFFREY CAMPBELL'S COMPLAINT AND DISMISSING COUNT I OF PLAINTIFF CAMPBELL'S COMPLAINT AGAINST BOGAN, INC. SIGNED BY JUDGE GENE E.K. PRATTER ON 05/24/2006. 05/25/2006 ENTERED AND COPIES MAILED AND E−MAILED.(rab) (Entered: 05/25/2006)
61 MOTION to Intervene filed by JEFFREY CAMPBELL.Certificate of Service. (Attachments: # 1)(RATHGEBER, JOANNE) (Entered: 05/25/2006)
62 TRANSCRIPT of Proceedings held on 5/24/06 before Judge PRATTER. Court Reporter: MICHAEL COYLE. HEARING (jl, ) (Entered: 06/06/2006)
63 MOTION to Modify November 30, 2005 Scheduling Order filed by JAMES GRIMES, JAMES SLATER, STEEL SUPPLIERS, INC., IRONWORKERS LOCAL UNION NO. 36, KEITH RIDDICK, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375, JEFFREY CAMPBELL, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, CONECTIV, A.C. DELLOVADE, INC., STEEL SUPPLIERS ERECTORS, INC., MATRIX SERVICES INDUSTRIAL CONTRACTORS.Certificate of Service.(STANSFIELD, WAYNE) (Entered: 06/06/2006)
64 ORDER SETTING A DEADLINE FOR ANY RESPONSE TO MOTIONS TO INTERVENE. SIGNED BY JUDGE GENE E.K. PRATTER ON 06/08/2006. 06/08/2006 ENTERED AND COPIES MAILED AND E−MAILED AND FAXED.(rab) (Entered: 06/08/2006)
65 NOTICE of Hearing: STATUS CONFERENCE SET FOR 6/19/2006 03:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab) (Entered: 06/09/2006)
66 NOTICE by STEEL SUPPLIERS ERECTORS, INC. of Second deposition of James Slater (Attachments: # 1 Certificate of Service)(FASIC, G.) (Entered: 06/16/2006)
67 Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Status Conference held on 06/19/2006. (rab) (Entered: 06/20/2006)
68 ORDER GRANTING 61 MOTION TO INTERVENE FILED BY PLAINTIFF JEFFREY CAMPBELL, GRANTING 3 C.A. NO. 05−3408 MOTION TO INTERVENE FILED BY PLAINTIFF KEITH RIDDICK, GRANTING 3 C.A. NO. 05−3409 MOTION TO INERVENE FILED BY PLAINTIFF JAMES T. SLATER

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06/23/2006
06/23/2006 06/23/2006 07/20/2006
08/02/2006 08/09/2006
08/18/2006 08/18/2006 09/05/2006 09/07/2006
09/07/2006 09/12/2006 09/12/2006 09/13/2006

AND GRANTING 3 C.A. NO. 05−3410 MOTION TO INTERVENE FILED BY PLAINTIFF JEFFREY CAMPBELL. SIGNED BY JUDGE GENE E.K. PRATTER ON 06/20/2006.06/21/2006 ENTERED AND COPIES MAILED AND E−MAILED. (rab) (Entered: 06/21/2006)
69 ORDER granting 63 PARTIES' JOINT UNOPPOSED MOTION TO MODIFY THE NOVEMBER 30, 2005 SCHEDULING ORDER. SIGNED BY JUDGE GENE E.K. PRATTER ON 06/23/2006.06/23/2006 ENTERED AND COPIES MAILED AND E−MAILED. (rab) Modified on 6/23/2006 (rab, ). ENTERED IN ERROR. (Entered: 06/23/2006)
70 ORDER GRANTING (63) PARTIES' JOING UNOPPOSED MOTION TO MODIFY THE NOVEMBER 30, 2005 SCHEDULING ORDER. SIGNED BY JUDGE GENE E.K. PRATTER ON 06/23/2006. 06/23/2006 ENTERED AND COPIES MAILED AND E−MAILED.(rab) (Entered: 06/23/2006)
Set/Reset Scheduling Order Deadlines: FINAL PRETRIAL CONFERENCE SET FOR 1/9/2007 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. DISCOVERY DUE BY 8/18/2006. MOTIONS DUE BY 11/9/2006. (rab) (Entered: 06/23/2006)
71 ORDER THAT DEFENDANT CONECTIV'S MOTIONS FOR SUMMARY JUDGMENT (#38, 39) ARE DENIED WITHOUT PREJUDICE AND WITH PERMISSION TO RE−FIL FOLLOWING COMPLETION OF DISCOVERY.. SIGNED BY JUDGE GENE E.K. PRATTER ON 7/19/06.7/20/06 ENTERED AND COPIES MAILED AND E−MAILED. (afm, ) (Entered: 07/20/2006)
72 ANSWER to Complaint together with Affirmative Defenses of Defendant Bogan, Inc. to Plaintiff Jeffrey Campbell's Complaint and Certificate of Service filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS.(BEGLEY, SARA) (Entered: 08/02/2006)
73 ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE GENE E.K. PRATTER TO JUDGE THOMAS M. GOLDEN FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ON 8/9/06. 8/9/06 ENTERED AND COPIES MAILED AND E−MAILED.(afm, ) (Entered: 08/09/2006)
74 MOTION to Compel with Certification of Counsel filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS.Certificate of Service.(STANSFIELD, WAYNE) (Entered: 08/18/2006)
75 MOTION to Quash Subpoena filed by KEITH RIDDICK.Certificate of Service.(RATHGEBER, JOANNE) (Entered: 08/18/2006)
76 RESPONSE in Opposition re 75 MOTION to Quash Subpoena filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS, Certificate of Service. (STANSFIELD, WAYNE) Modified on 9/6/2006 (np). (Entered: 09/05/2006)
77 MOTION to Compel filed by A.C. DELLOVADE, INC..Certificate of Counsel and Certificate of Service.(KAPLAN, KIMBERLY) (FILED IN ERROR BY ATTORNEY; ATTORNEY RE−FILED CORRECT DOCUMENT) Modified on 9/7/2006 (np). Additional attachment(s) added on 9/7/2006 (np, ). (Entered: 09/07/2006)
78 MOTION to Compel filed by A.C. DELLOVADE, INC..Certification of Counsel and Certificate of Service.(MILCOFF, JOSEPH) (Entered: 09/07/2006)
79 NOTICE of Appearance by SHANNON ELISE MCCLURE on behalf of MATRIX SERVICES INDUSTRIAL CONTRACTORS with Certificate of Service (MCCLURE, SHANNON) (Entered: 09/12/2006)
80 STIPULATION of Substitution of Counsel by STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificate of Service)(HOLLISTER, MICHAEL) (Entered: 09/12/2006)
81 RESPONSE in Opposition re 74 MOTION to Compel with Certification of Counsel filed by Matrix filed by KEITH RIDDICK. (RATHGEBER, JOANNE) (Entered:

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 11 of 22

09/13/2006 09/21/2006
09/22/2006 09/22/2006
09/27/2006 10/12/2006 10/23/2006
11/01/2006 11/09/2006 11/09/2006 11/09/2006
11/09/2006 11/09/2006

09/13/2006)
82 RESPONSE in Opposition re 78 MOTION to Compel filed by Dellovade filed by JAMES GRIMES. (Attachments: # 1 # 2)(RATHGEBER, JOANNE) (Entered: 09/13/2006)
83 ORDER THAT DEFENDANT BOGEN'S MOTION TO COMPEL IS GRANTED IN PART, COUNSEL FOR PLAINTIFF SHALL PRODUCE ALL ELEVANT TAX RETURNS AND BUSINESS RECORDS FOR KEITH RIDDICK ; PLAINTIFF RIDDICK'S MOTION TO QUASH SUBPOENA IS DENIED AS MOOT; DEFENDANT A.C.'S MOTIONS TO COMPEL ARE DENIED. SIGNED BY JUDGE THOMAS M. GOLDEN ON 9/21/06.9/22/06 ENTERED AND COPIES MAILED AND E−MAILED. (afm, ) (Entered: 09/22/2006)
84 Minute Entry for proceedings held before Judge THOMAS M. GOLDEN : TELEPHONE Status Conference held on 9/19/06. (afm, ) (Entered: 09/22/2006)
85 MOTION for Summary Judgment of Plaintiffs filed by KEITH RIDDICK.Certificate of Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit J# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24 Exhibit X# 25 Exhibit Y# 26 Exhibit Z)(RATHGEBER, JOANNE) (Entered: 09/22/2006)
86 Statement of Undisputed Facts by KEITH RIDDICK, Certificate of Service. (RATHGEBER, JOANNE) Modified on 9/28/2006 (np). (Entered: 09/27/2006)
87 STIPULATION for Extension of Time to File Response/Reply STIPULATION of all parties regarding dispositive motions filed by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375..(SCHWARZSCHILD, HANNAH) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 10/13/2006 (np). (Entered: 10/12/2006)
88 STIPULATION AND ORDER THAT DEFENDANTS SHALL FILE BRIEFS IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT IS EXTENDED TO 11/9/06; THE TIME FOR ANY PARTY TO FILE BRIEFS IN OPPOSITION TO ANY DISPOSITIVE MOTIONS IS EXTENDED TO 12/21/06.. SIGNED BY JUDGE THOMAS M. GOLDEN ON 10/23/06. 10/24/06 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (shn, ). (Entered: 10/24/2006)
89 NOTICE of Withdrawal of Appearance by MICHAEL T. HOLLISTER on behalf of STEEL SUPPLIERS ERECTORS, INC. (Attachments: # 1 Certificate of Service)(HOLLISTER, MICHAEL) (Entered: 11/01/2006)
90 MOTION for Summary Judgment filed by IRONWORKERS LOCAL UNION NO. 36.Brief, Order, Statement of Undisputed Facts, Certificate of Service.(TAGLIOLI, QUINTES) (Entered: 11/09/2006)
91 RESPONSE in Opposition re 85 MOTION for Summary Judgment of Plaintiffs James Slater with Order, Statement of Undipsuted Facts, Certificate of Service filed by IRONWORKERS LOCAL UNION NO. 36. (TAGLIOLI, QUINTES) (Entered: 11/09/2006)
92 RESPONSE in Opposition re 85 MOTION for Summary Judgment of Plaintiffs with Cross−Motion for Summary Judgment and Memorandum of Law filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS. (Attachments: # 1 Exhibit 1 − Response to Plaintiffs' Statement of Undisputed Facts# 2 Exhibit 2 − Statement of Undisputed Facts# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L)(STANSFIELD, WAYNE) (Entered: 11/09/2006)
93 CERTIFICATE OF SERVICE by IRONWORKERS LOCAL UNION NO. 36 (TAGLIOLI, QUINTES) (Entered: 11/09/2006)
94 MOTION for Partial Summary Judgment Brief In Support filed by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375.Certificate of Service, Proposed Order, Brief, Sep. Statement of Undisputed Facts,

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 12 of 22

11/09/2006
11/09/2006 11/09/2006
11/09/2006 11/09/2006
11/09/2006 11/09/2006 11/09/2006 11/09/2006

Exhibits. (Attachments: # 1 Text of Proposed Order # 2 Statement of Undisputed Facts with Exhibits# 3 Certificate of Service)(SCHWARZSCHILD, HANNAH) **(FILED IN ERROR BY ATTY., SEE DOC. #96 FOR CORRECT FILING)** Modified on 11/13/2006 (fh) (Entered: 11/09/2006)
95 MOTION for Summary Judgment and Brief in Opposition to Plaintiff Riddick's Motion for Partial Summary Judgment filed by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375,Certificate of Service, Exhibits, Order, Statement of Uncontested Facts. (Attachments: # 1 Text of Proposed Order # 2 Separate Statement of Uncontested Facts# 3 Certificate of Service)(SCHWARZSCHILD, HANNAH) **(FILED IN ERROR BY ATTY., SEE DOC. # 96 FOR CORRECT FILING)** Modified on 11/13/2006 (fh) Modified on 11/13/2006 (fh, ). (Entered: 11/09/2006)
96 MOTION for Summary Judgment filed by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375..(SCHWARZSCHILD, HANNAH) Additional attachment(s) added on 11/13/2006 (fh, ). (Entered: 11/09/2006)
97 RESPONSE in Opposition re 85 MOTION for Summary Judgment of Plaintiffs and Conectiv Cross−Motion For Summary Judgment, Memorandum, Statement of Undisputed Facts, Proposed Order, Certificate of Service filed by CONECTIV. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit # 22 Exhibit # 23 Exhibit # 24 Exhibit)(JONES, HARRY) (Entered: 11/09/2006)
98 MOTION for Summary Judgment filed by A.C. DELLOVADE, INC..Order, Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A.C. Dellovade, Inc.'s Memorandum of Law in Support of its Motion for Summary Judgment as to Plaintiff Grimes' Complaint# 3 Exhibit Defendant A.C. Dellovade, Inc.'s Statement of Undisputed Material Facts in Support of Motions for Summary Judgment)(MILCOFF, JOSEPH) (Entered: 11/09/2006)
99 MOTION for Summary Judgment as to Equal Employment Opportunity Commission filed by A.C. DELLOVADE, INC..Order, Memorandum, Statement of Facts, Certificate of Service. (Attachments: # 1 Text of Proposed Order Order of Court# 2 Exhibit Defendanat A.C. Dellovade, Inc.'s Memorandum of Law in Support of Motion for Summary Judgment as to Plaintiff Equal Employment Opportunity Commission# 3 Exhibit Defendant A.C. Dellovade, Inc.'s Statement of Undisputed Material Facts in Support of Motions for Summary Judgment)(MILCOFF, JOSEPH) (Entered: 11/09/2006)
100 RESPONSE to Motion re 85 MOTION for Summary Judgment of Plaintiffs filed by A.C. DELLOVADE, INC.. (Attachments: # 1 Text of Proposed Order Order of Court# 2 Exhibit Defendant A.C. Dellovade, Inc.'s Statement of Undisputed Material Facts in Support of Motions for Summary Judgment)(MILCOFF, JOSEPH) (Entered: 11/09/2006)
101 RESPONSE in Opposition re 85 MOTION for Summary Judgment of Plaintiffs Slater filed by STEEL SUPPLIERS, INC., STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificate of Service# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E# 7 Exhibit Exhibit F# 8 Exhibit Exhibit G# 9 Exhibit Exhibit H# 10 Exhibit Exhibit I# 11 Exhibit Exhibit J)(COTTRELL, PAUL) (Entered: 11/09/2006)
102 CERTIFICATE OF SERVICE by A.C. DELLOVADE, INC. re 98 MOTION for Summary Judgment, 100 Response to Motion,, 99 MOTION for Summary Judgment as to Equal Employment Opportunity Commission and Appendix of Record Materials in Support of Defendant A.C. Dellovade, Inc.'s Motions for Summary Judgment (MILCOFF, JOSEPH) (Entered: 11/09/2006)
103 APPENDIX OF EXHIBITS TO DEFENDANT IRONWORKERS LOCAL UNION NO. 36'S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT IRON WORKERS LOCAL 36'S RESPONSE TO PLAINTIFF JAMES SLATER'S MOTION FOR SUMMARY JUDGMENT. (ky, ) (Entered: 11/13/2006)

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 13 of 22

11/13/2006 11/13/2006
12/14/2006 12/14/2006 12/14/2006 12/14/2006 12/14/2006 12/21/2006 01/04/2007
01/05/2007 01/09/2007
01/10/2007 01/19/2007 01/19/2007

104 NOTICE by CONECTIV re 97 Response in Opposition to Motion,, Conectiv Notice To Substitute Proposed Order, Certificate of Service (JONES, HARRY) Modified on 11/13/2006 (np). (Entered: 11/13/2006)
105 APPENDIX OF EXHIBITS OF RECORD MATERIALS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT by A.C. DELLOVADE, INC., CERTIFICATE OF SERVICE. (Attachments: # 1 exhibit a − exhibit 2# 2 exhibit a − exhibit 1 cont.# 3 exhibit a − exhibit 2 part 2# 4 exhibit a − exhibit 2 part 3# 5 exhibit a − exhibit 2 part 4# 6 exhibit a − exhibit 2 part 5# 7 exhibit a − exhibit 2 part 6# 8 exhibit b − exhibit 1 part 1# 9 exhibit b − exhibit 1 part 2 and 3# 10 exhibit c − f# 11 exhibit i part 2# 12 appendix# 13 exhibit g, h and i part 1# 14 exhibit j − l# 15 exhibit m − p)(afm, ) (Entered: 11/14/2006)
106 Response in Opposition re 97 Response in Opposition to Motion,, Conectiv's Cross Motion for Summary Judgment by KEITH RIDDICK. (Attachments: # 1 Exhibit AA−DD# 2 Exhibit EE−RR# 3 Exhibit SS−ZZ# 4 Exhibit AAA−EEE) (RATHGEBER, JOANNE) (Entered: 12/14/2006)
107 Response in Opposition re 92 Response in Opposition to Motion,, Matrix's Cross Motion for Summary Judgment by KEITH RIDDICK. (RATHGEBER, JOANNE) (Entered: 12/14/2006)
108 RESPONSE in Opposition re 98 MOTION for Summary Judgment of A.C. Dellovade filed by JAMES GRIMES. (RATHGEBER, JOANNE) (Entered: 12/14/2006)
109 RESPONSE in Opposition re 96 MOTION for Summary Judgment of IBEW Local 375 filed by KEITH RIDDICK. (RATHGEBER, JOANNE) (Entered: 12/14/2006)
110 RESPONSE in Opposition re 90 MOTION for Summary Judgment of Ironworkers Local 36 filed by JAMES SLATER. (RATHGEBER, JOANNE) (Entered: 12/14/2006)
111 RESPONSE in Opposition re 99 MOTION for Summary Judgment as to Equal Employment Opportunity Commission filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1)(COOK, TERRENCE) (Entered: 12/21/2006)
112 ORDER THAT THE DEFENDANTS MAY FILE REPLY BRIEFS NOT TO EXCEED 15 PAGES BY NO LATER THAN JANUARY 19, 2007. PLAINTIFFS/INTERVENERS MAY FILE SUR−REPLY BRIEFS NOT TO EXCEED 10 PAGES BY NO LATER THAN JANUARY 29, 2007. NO FURTHER BRIEFING WILL BE PERMITTED, ETC. SIGNED BY JUDGE THOMAS M. GOLDEN ON 1/4/2007. 1/5/2007 ENTERED AND COPIES MAILED AND E−MAILED.(nda, ) (Entered: 01/05/2007)
113 MOTION for Reconsideration re 112 Order, dated January 4, 2007, filed by KEITH RIDDICK.Certificate of Service.(RATHGEBER, JOANNE) (Entered: 01/05/2007)
114 ORDER THAT PLAINTIFF'S MOTION FOR RECONSIDERATION IS GRANTED AND DEFENDANTS WILL FILE REPLY BRIEFS TO THE OUTSTANDING MOTIONS FOR SUMMARY JUDGMENT BY 1/19/07 AND PLAINTIFF'S SUR−REPLY BRIEFS ARE DUE 2/12/07. SIGNED BY JUDGE THOMAS M. GOLDEN ON 1/8/07. 1/9/07 ENTERED AND COPIES MAILED AND FAXED.(afm, ) Additional attachment(s) added on 5/16/2007 (nda, ). (Entered: 01/09/2007)
115 Letter Request by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) Modified on 1/11/2007 (np). (Entered: 01/10/2007)
116 REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT FILED BY IRONWORKERS LOCAL UNION NO. 36, CERTIFICATE OF SERVICE.(TAGLIOLI, QUINTES) Modified on 1/22/2007 (afm, ). (Entered: 01/19/2007)
117 Memorandum of Law in Further Support of its Motions for Summary Judgment filed by A.C. DELLOVADE, INC., CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit A# 2 Exhibit B)(MILCOFF, JOSEPH) Modified on 1/22/2007 (afm, ). (Entered: 01/19/2007)

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 14 of 22

01/19/2007
01/19/2007 01/19/2007
01/19/2007
01/30/2007 02/09/2007 02/12/2007 02/12/2007 02/12/2007 02/12/2007 02/12/2007 02/13/2007 02/15/2007 02/15/2007 02/16/2007 02/19/2007

118 REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT filed by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375., CERTIFICATE OF SERVICE. (Attachments: # 1 Certificate of Service)(SCHWARZSCHILD, HANNAH) Modified on 1/22/2007 (afm, ). (Entered: 01/19/2007)
119 REPLY IN SUPPORT OF CROSS−MOTION FOR SUMMARY JUDGMENT, by CONECTIV, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit) (JONES, HARRY) Modified on 1/22/2007 (afm, ). (Entered: 01/19/2007)
120 REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF CROSS−MOTION FOR SUMMARY JUDGMENT by MATRIX SERVICES INDUSTRIAL CONTRACTORS, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit M through Q) (STANSFIELD, WAYNE) Modified on 1/22/2007 (afm, ). (Entered: 01/19/2007)
121 REPLY MEMORANDUM IN FURTHER Support of Bogan, Inc.'s Cross−Motion for Summary Judgment Against the Equal Employment Opportunity Commission re 92 Response in Opposition to Motion,, by MATRIX SERVICES INDUSTRIAL CONTRACTORS, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit M through Q) (STANSFIELD, WAYNE) Modified on 1/22/2007 (afm, ). (Entered: 01/19/2007)
122 NOTICE of Change of Address by HARRY T. JONES, JR (JONES, HARRY) (Entered: 01/30/2007)
123 Letter Request for Extension of Time to File Response/Reply filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.Letter Request.(COOK, TERRENCE) Modified on 2/12/2007 (np). (Entered: 02/09/2007)
124 Sur Reply in Opposition to CONECTIV'S CROSS MOTION FOR SUMMARY JUDGMENT by KEITH RIDDICK, Certificate of Service. (Attachments: # 1 Exhibit FFF) (RATHGEBER, JOANNE) Modified on 2/14/2007 (fh) (Entered: 02/12/2007)
125 Sur Reply to BOGAN'S CROSS−MOTION FOR SUMMARY JUDGMENT by KEITH RIDDICK, Certificate of Service. (Attachments: # 1 Exhibit GGG) (RATHGEBER, JOANNE) Modified on 2/14/2007 (fh) (Entered: 02/12/2007)
126 Sur Reply in Opposition TO A.C. DELLOVADE, INC'S MOTION FOR SUMMARY JUDGMENT by JAMES GRIMES, Certificate of Service. (RATHGEBER, JOANNE) Modified on 2/14/2007 (fh) (Entered: 02/12/2007)
127 Sur Reply to LOCAL 36'S MOTION FOR SUMMARY JUDGMENT filed by JAMES SLATER, Certificate of Service. (RATHGEBER, JOANNE) Modified on 2/14/2007 (fh) (Entered: 02/12/2007)
128 Sur Reply to LOCAL 375'S MOTION FOR SUMMARY JUDGMENT by KEITH RIDDICK, Certificate of Service. (RATHGEBER, JOANNE) Modified on 2/14/2007 (fh) (Entered: 02/12/2007)
129 Proposed Order filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) Modified on 2/14/2007 (np). (Entered: 02/13/2007)
130 ORDER THAT PLAINTIFF SHALL FILE IT'S SUR−REPLY BY 2/19/07.. SIGNED BY JUDGE THOMAS M. GOLDEN ON 2/15/07. 2/16/07 ENTERED AND COPIES MAILED AND FAXED.(afm, ) Additional attachment(s) added on 6/4/2007 (ap, ). (Entered: 02/16/2007)
Set/Reset Deadlines as to 98 MOTION for Summary Judgment, 99 MOTION for Summary Judgment as to Equal Employment Opportunity Commission. REPLIES DUE BY 2/19/2007. (afm, ) (Entered: 02/16/2007)
131 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificte of Service)(COTTRELL, PAUL) (Entered: 02/16/2007)
132 REPLY to Response to Motion re 99 MOTION for Summary Judgment as to Equal Employment Opportunity Commission Sur−Reply as to Conectiv, Dellovade and

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 15 of 22

02/21/2007 04/11/2007 04/23/2007 05/04/2007
05/10/2007
05/16/2007 05/18/2007 05/18/2007 05/18/2007 05/18/2007
05/23/2007 05/25/2007

Bogan filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) (Entered: 02/19/2007)
133 First Supplemental Appendix TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENANTS' MOTIONS FOR SUMMARY JUDGMENT filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (COOK, TERRENCE) Modified on 2/22/2007 (afm, ). (Entered: 02/21/2007)
134 MOTION to Compel Enforcement of Subpoena against Non−Party filed by JAMES GRIMES.Certificate of Service.(RATHGEBER, JOANNE) (Entered: 04/11/2007)
135 NOTICE of Appearance by JOSEPH P. MILCOFF on behalf of A.C. DELLOVADE, INC. and Withdrawal of Appearance of ROBERT COTTINGTON, Certificate of Service. (MILCOFF, JOSEPH) Modified on 4/24/2007 (np). (Entered: 04/23/2007)
136 ORDER THAT THE MOTION OF PLAINTIFF KEITH RIDDICK FOR SUMMARY JUDGMENT IS DENIED, ETC. THIS CASE IS REFERRED TO U.S. MAGISTRATE JUDGE ARNOLD C. RAPOPORT FOR THE PURPOSE OF SCHEDULING AND CONDUCTING A SETTLEMENT CONFERENCE. JUDGE RAPOPORT'S OFFICE WILL CONTACT COUNSEL TO SCHEDULE SAID CONFERENCE. SIGNED BY JUDGE THOMAS M. GOLDEN ON 5/3/07. 5/4/07 ENTERED AND COPIES MAILED, E−MAILED.(er, ) (Entered: 05/04/2007)
137 ORDER THAT THE CROSS−MOTION OF THE DEFENDANT MATRIX SERVICES INDUSTRIAL CONTRACTORS FOR SUMMARY JUDGMENT IS DENIED, AND THE CROSS−MOTION OF THE DEFENDANT CONECTIV FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY JUDGE THOMAS M. GOLDEN ON 5/9/07. 5/10/07 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 05/10/2007)
138 MOTION for Reconsideration of the Cour's 136 Order dated May 3, 2007 Denying IRON WORKERS LOCAL 36'S MOTION FOR SUMMARY JUDGMENT, filed by IRONWORKERS LOCAL UNION NO. 36, Brief, Certificate of Service.(TAGLIOLI, QUINTES) Modified on 5/17/2007 (fh) (Entered: 05/16/2007)
139 MOTION for Reconsideration filed by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375.Memorandum. (Attachments: # 1 Memorandum in Support IBEW L. 375's Motion for Reconsideration# 2 Text of Proposed Order)(SCHWARZSCHILD, HANNAH) Modified on 5/21/2007 (afm, ). (Entered: 05/18/2007)
140 CERTIFICATE OF SERVICE by INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375 re 139 MOTION for Reconsideration (SCHWARZSCHILD, HANNAH) (Entered: 05/18/2007)
141 RESPONSE in Opposition re 139 MOTION for Reconsideration filed by KEITH RIDDICK, CERTIFICATE OF SERVICE. (RATHGEBER, JOANNE) Modified on 5/21/2007 (afm, ). (Entered: 05/18/2007)
142 RESPONSE in Opposition re 138 MOTION for Reconsideration of the Cour's 136 Order dated May 3, 2007 Denying IRON WORKERS LOCAL 36'S MOTION FOR SUMMARY JUDGMENT MOTION for Reconsideration of the Cour's 136 Order dated May 3, 2007 Denying IRON WORKERS LOCAL 36'S MOTION FOR SUMMARY JUDGMENT filed by JAMES SLATER, CERTIFICATE OF SERVICE. (RATHGEBER, JOANNE) Modified on 5/21/2007 (afm, ). (Entered: 05/18/2007)
143 MOTION for Reconsideration of the Denial of Summary Judgment as to PLAINTIFF JEFFREY CAMPBELL'S Claims for Failure to Promote under Section 1981 and Negligent Supervision, filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS, Memorandum, Certificate of Service. (STANSFIELD, WAYNE) Modified on 5/24/2007 (fh) (Entered: 05/23/2007)
144 RESPONSE in Opposition re 143 MOTION for Reconsideration of the Denial of Summary Judgment as to PLAINTIFF JEFFREY CAMPBELL'S Claims for Failure to Promote under Section 1981 and Negligent Supervision filed by JEFFREY CAMPBELL with Certificate of Service. (RATHGEBER, JOANNE) Modified on 5/29/2007 (le, ). (Entered: 05/25/2007)

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 16 of 22

07/03/2007
07/09/2007 07/10/2007 07/12/2007 07/12/2007 07/24/2007
08/06/2007 08/13/2007 08/20/2007 09/06/2007 09/14/2007 10/17/2007 10/24/2007 11/15/2007 11/27/2007 11/27/2007

145 MOTION to Sever , or in the alternative, for Separate Trials filed by A.C. DELLOVADE, INC.. Brief AND CERTIFICATE OF SERVICE. (Attachments: # 1 Text of Proposed Order # 2 Memorandum of Law in Support of Motion to Sever, or in the Alternative, for Separate Trials)(MILCOFF, JOSEPH) Modified on 7/5/2007 (afm, ). (Entered: 07/03/2007)
146 NOTICE of Appearance by PAUL COTTRELL on behalf of STEEL SUPPLIERS, INC., STEEL SUPPLIERS ERECTORS, INC. (COTTRELL, PAUL) (Entered: 07/09/2007)
147 MOTION to Sever and For Separate Trials filed by MATRIX SERVICES INDUSTRIAL CONTRACTORS.Memorandum of Law in Support of Its Motion to Sever and for Separate Trials with Certificate of Service.(MCCLURE, SHANNON) (Entered: 07/10/2007)
148 First MOTION for Extension of Time to File Response/Reply as to 147 MOTION to Sever and For Separate Trials, 145 MOTION to Sever , or in the alternative, for Separate Trials filed by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION..(COOK, TERRENCE) (Entered: 07/12/2007)
149 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: An In Person Settlement Conference was held on 7/11/07 and not placed on the record. (ky, ) (Entered: 07/13/2007)
150 ORDER THAT THE MOTIONS OF DEFENDANTS IRONWORKERS LOCAL UNION 36 AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 375 FOR RECONSIDERATION ARE GRANTED. THE CROSS−MOTION OF THE DEFENDANT MATRIX SERVICES INDUSTRIAL CONTRACTORS FOR SUMMARY JUDGMENT IS DENIED. THE CROSS MOTION OF THE DEFENDANT CONECTIV FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY JUDGE THOMAS M. GOLDEN ON 7/23/07. 7/24/07 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 07/24/2007)
151 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephone Settlement Conference was held on 8/6/07 and not placed on the record. (ky, ) (Entered: 08/06/2007)
152 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephone Settlement Conference was held on 8/13/07 and not placed on the record. (ky, ) (Entered: 08/13/2007)
153 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephone Settlement Conference was held on 8/20/07 and not placed on the record. (ky, ) (Entered: 08/20/2007)
154 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephone Settlement Conference was held on 9/6/07 and not placed on the record. (ky, ) (Entered: 09/06/2007)
155 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephone Settlement Conference was held on 9/14/07 and not placed on the record. (ky, ) (Entered: 09/14/2007)
156 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT re: A Telephone Settlement Conference was held on 10/17/07 and not placed on the record. (ky, ) (Entered: 10/17/2007)
157 Entry of Appearance by PATRICK M. MCGRORY on behalf of STEEL SUPPLIERS ERECTORS, INC. (nda) (Entered: 10/24/2007)
158 Minute Entry for proceedings held before Judge ARNOLD C. RAPOPORT : Settlement Conference held on 11/14/07. (ky, ) (Entered: 11/15/2007)
159 MOTION for Discovery to be Re−opened filed by JAMES SLATER.Certificate of Service.(RATHGEBER, JOANNE) (Entered: 11/27/2007)
160 MOTION for Sanctions filed by JAMES SLATER.Certificate of Service.(RATHGEBER, JOANNE) (Entered: 11/27/2007)

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 17 of 22

12/10/2007
12/14/2007 12/14/2007 12/14/2007 12/21/2007 01/04/2008 01/09/2008 01/09/2008 01/10/2008
01/10/2008

161 ORDER THAT ALL MOTIONS SHALL BE FILED BY 1/18/2008; DEFENDANT PRETRIAL MEMO IS DUE BY 1/18/2008; PLAINTIFF PRETRIAL MEMO IS DUE BY 1/18/2008; A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR 2/1/2008 AT 10:00 A.M. BEFORE THE HONORABLE THOMAS M. GOLDEN; JURY SELECTION IS SCHEDULED FOR 2/7/2008 AT 9:30 A.M. BEFORE THE HONORABLE THOMAS M. GOLDEN; AND A JURY TRIAL IS SCHEDULED FOR 2/11/2008 AT 9:30 A.M. BEFORE THE HONORABLE THOMAS M. GOLDEN. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 12/6/07. 12/10/07 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 12/10/2007)
162 RESPONSE in Opposition re 160 MOTION for Sanctions filed by STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificate of Service)(MCGRORY, PATRICK) (FILED IN ERROR BY ATTORNEY; ATTORNEY RE−FILED CORRECT DOCUMENT) Modified on 12/14/2007 (nd). (Additional attachment(s) added on 12/14/2007: # 2 Attachment Incorrect) (nd, ). (Entered: 12/14/2007)
163 RESPONSE in Opposition re 159 MOTION for Discovery to be Re−opened filed by STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificate of Service)(MCGRORY, PATRICK) (Entered: 12/14/2007)
164 RESPONSE in Opposition re 160 MOTION for Sanctions filed by STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificate of Service)(MCGRORY, PATRICK) (Entered: 12/14/2007)
165 NOTICE by STEEL SUPPLIERS ERECTORS, INC. Letter to Judge Golden (Attachments: # 1 Attachment)(MCGRORY, PATRICK) (Entered: 12/21/2007)
166 NOTICE of Hearing:A TELEPHONE STATUS CONFERENCE IS SCHEDULED FOR TUESDAY, 1/8/2008 AT 10:00 AM BEFORE HONORABLE THOMAS M. GOLDEN. THE COURT DIRECTS PLAINTIFF'S COUNSEL TO INITATE THE CALL TO PARTIES, TO CHAMBERS (610−320−5097) AND TO LAW CLERK CHRISTOPHER LYDING IN PHILADELPHIA CHAMBERS (267−299−7560).(silfies, ) (Entered: 01/04/2008)
167 Minute Entry for proceedings held before the HONORABLE THOMAS M. GOLDEN re: A Telephone Status Conference was held on 1/8/08 and was not placed on the record. (ky, ) (Entered: 01/09/2008)
168 Minute Entry for proceedings held before MAGISTRATE JUDGE ARNOLD C. RAPOPORT re: A Telephone Settlement Conference was held on 1/8/08 and was not placed on the record. (ky, ) (Entered: 01/09/2008)
169 ORDER THAT THE MOTION OF THE DEFENDANT A.C. DELLOVARDE TO SEVER (#145) IS DENIED AT THIS TIME WITH LEAVE TO RENEW IF THIS MATTER ULTIMATELY DOES SETTLE; THE MOTION OF THE DEFENDANT MATRIX SERVICES INDUSTRIAL CONTRACTORS TO SEVER (#147) IS DENIED; THE MOTION OF THE PLAINTIFF EEOC FOR AN EXTENSION OF TIME (#148) IS DENIED; AND THE MOTION OF THE PLAINTIFF JAMES SLATER FOR DISCOVERY (#159) TO RE−OPEN IS DENIED; AND THE MOTION OF THE PLAINTIFF JAMES SLATER FOR SANCTIONS (#160) IS DENIED WITH LEAVE TO RENEW IF THIS MATTER ULTIMATELY DOES SETTLE. THE TRIAL OF THE REMAINING CLAIMS IN THIS MATTER SHALL COMMENCE ON 2/25/08 AT 9:30 A.M. AT THE READING STATION; JURY SELECTION SHALL COMMENCE ON 2/21/08 AT 9:30 A.M. IN PHILADELPHIA; A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 2/11/08 AT 10:00 A.M. IN READING; AND ALL PRE−TRIAL SUBMISSIONS SHALL BLE FILED NO LATER THAN 2/1/08. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 1/8/08. 1/10/08 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 01/10/2008)
MOTIONS DUE BY 2/1/2008. DEFENDANT PRETRIAL MEMO DUE BY 2/1/2008. PLAINTIFF PRETRIAL MEMO DUE BY 2/1/2008. FINAL PRETRIAL CONFERENCE SET FOR 2/11/2008 10:00 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE THOMAS M. GOLDEN. JURY SELECTION SET FOR 2/21/2008 09:30 AM IN COURTROOM BEFORE HONORABLE THOMAS M. GOLDEN.

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 18 of 22

01/23/2008 01/30/2008 01/31/2008 02/01/2008 02/01/2008 02/01/2008 02/04/2008
02/04/2008 02/07/2008
02/08/2008
02/08/2008
02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008

JURY TRIAL SET FOR 2/25/2008 09:30 AM IN COURTROOM BEFORE HONORABLE THOMAS M. GOLDEN. (ky, ) (Entered: 01/10/2008)
170 NOTICE by STEEL SUPPLIERS ERECTORS, INC. Letter to Judge Golden (MCGRORY, PATRICK) (Entered: 01/23/2008)
171 NOTICE by A.C. DELLOVADE, INC. Letter to Judge Golden (MILCOFF, JOSEPH) (Entered: 01/30/2008)
172 MOTION for Extension of Time to File Pretrial Submissions filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(MILCOFF, JOSEPH) (Entered: 01/31/2008)
173 NOTICE by JAMES SLATER Letter to Judge Golden (RATHGEBER, JOANNE) (Entered: 02/01/2008)
174 Proposed Jury Instructions by JAMES SLATER. Certificate of Service (RATHGEBER, JOANNE) (Entered: 02/01/2008)
175 PRETRIAL MEMORANDUM by JAMES SLATER Certificate of Service. (RATHGEBER, JOANNE) (Entered: 02/01/2008)
176 ORDER THAT THE MOTION FOR EXTENSION OF THE PRE−TRIAL SUBMISSION FILING DATE IS GRANTED; AND ALL MOTIONS IN LIMINE, PRE−TRIAL MEMORANDA, POINTS FOR CHARGE AND PROPOSED VOIR DIRE QUESTIONS ARE DUE ON OR BEFORE 2/8/08. SIGNED BY THE HONORABLE THOMAS M. GOLDEN ON 2/1/08. 2/4/08 ENTERED AND COPIES MAILED AND E−MAILED. (REF. 05−3410) (ky, ) (Entered: 02/04/2008)
MOTIONS DUE BY 2/8/2008. DEFENDANT PRETRIAL MEMO DUE BY 2/8/2008. PLAINTIFF PRETRIAL MEMO DUE BY 2/8/2008. (ky, ) (Entered: 02/04/2008)
177 NOTICE STRIKING CONFERENCE:TAKE NOTICE THAT THE FINAL PRETRIAL CONFERENCE SET FOR MONDAY, 2/11/2008 AT 10:00 AM BEFORE HONORABLE THOMAS M. GOLDEN HAS BEEN STRICKEN.(silfies, ) (Entered: 02/07/2008)
178 MOTION for Reconsideration re 105 Exhibit,, of its Motion for Summary Judgment as to Plaintiff Equal Employment Opportunity Commission filed by A.C. DELLOVADE, INC..Memorandum. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
179 MOTION for Reconsideration re 105 Exhibit,, of its Motion for Summary Judgment as to Plaintiff Roy Lee Grimes filed by A.C. DELLOVADE, INC..Memorandum. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
180 MOTION to Sever Renewed Motion to Sever or in the Alternative, for Separate Trials filed by A.C. DELLOVADE, INC..Memorandum. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
181 NOTICE by JAMES GRIMES Letter to Judge Golden (RATHGEBER, JOANNE) (Entered: 02/08/2008)
182 TRIAL BRIEF Pretrial Memorandum by A.C. DELLOVADE, INC.. Certificate of Service (MILCOFF, JOSEPH) (Entered: 02/08/2008)
183 Proposed Jury Instructions by A.C. DELLOVADE, INC.. Certificate of Service (MILCOFF, JOSEPH) (Entered: 02/08/2008)
184 Proposed Voir Dire by A.C. DELLOVADE, INC.. Certificate of Service (MILCOFF, JOSEPH) (Entered: 02/08/2008)
185 MOTION in Limine to Exclude Evidence of Alleged Harassment for Which Dellovade Took Prompt and Effective Remedial Action filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 19 of 22

02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008 02/08/2008

186 MOTION in Limine to Exclude Evidence of Alleged Conduct About Which Plaintif Never Complained filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
187 MOTION in Limine to Exclude Evidence of Alleged Experiences of Other Plaintiffs As To Which Plaintiff Grimes Had No Knowledge filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
188 MOTION in Limine to Exclude Evidence of Vague Reference to Race Harassment Not Based on Specific Facts filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
189 MOTION in Limine to Exclude Evidence of Alleged Conduct That is Not Race−Based filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
190 MOTION in Limine to Exclude Evidence of the EEOC Determination filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
191 MOTION in Limine to Exclude Evidence of any References to Herman Beaulieu, Gene Anders, and Charles Mann or Other Working Foremen as a Supervisor filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
192 MOTION in Limine to Exclude Evidence of Any References to An Oral Contract of Employment filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
193 MOTION in Limine to Exclude Evidence of Plaintiff Grimes' Negligent Supervision Claim filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
194 MOTION in Limine to Exclude Evidence in Support of Plaintiff EEOC's Joint Employer Claim filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
195 MOTION in Limine to Exclude the Reports and Testimony of Verzilli & Verzilli Consultants, Inc. filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
196 MOTION in Limine to Exclude the Report and Testimony of John A. Stankowski, M.D. filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
197 MOTION in Limine to Exclude the "Opinion Essay" and Testimony of James D. Jackson, Ph.D. filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
198 MOTION in Limine to Exclude Evidence of Backpay Damages filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
199 MOTION in Limine to Exclude Evidence of Front Pay Damages filed by A.C. DELLOVADE, INC..Certifcate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
200 MOTION in Limine to Exclude Evidence of Punitive Damages filed by A.C. DELLOVADE, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MILCOFF, JOSEPH) (Entered: 02/08/2008)
201 Memorandum in Support re 198 MOTION in Limine to Exclude Evidence of Backpay Damages, 196 MOTION in Limine to Exclude the Report and Testimony of John A.

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 20 of 22

02/11/2008 02/11/2008 02/13/2008 02/13/2008 02/14/2008 02/19/2008
02/21/2008 05/08/2008

Stankowski, M.D., 193 MOTION in Limine to Exclude Evidence of Plaintiff Grimes' Negligent Supervision Claim, 199 MOTION in Limine to Exclude Evidence of Front Pay Damages, 186 MOTION in Limine to Exclude Evidence of Alleged Conduct About Which Plaintif Never Complained, 189 MOTION in Limine to Exclude Evidence of Alleged Conduct That is Not Race−Based, 192 MOTION in Limine to Exclude Evidence of Any References to An Oral Contract of Employment, 195 MOTION in Limine to Exclude the Reports and Testimony of Verzilli & Verzilli Consultants, Inc., 185 MOTION in Limine to Exclude Evidence of Alleged Harassment for Which Dellovade Took Prompt and Effective Remedial Action, 188 MOTION in Limine to Exclude Evidence of Vague Reference to Race Harassment Not Based on Specific Facts, 191 MOTION in Limine to Exclude Evidence of any References to Herman Beaulieu, Gene Anders, and Charles Mann or Other Working Foremen as a Supervisor, 197 MOTION in Limine to Exclude the "Opinion Essay" and Testimony of James D. Jackson, Ph.D., 194 MOTION in Limine to Exclude Evidence in Support of Plaintiff EEOC's Joint Employer Claim, 187 MOTION in Limine to Exclude Evidence of Alleged Experiences of Other Plaintiffs As To Which Plaintiff Grimes Had No Knowledge, 190 MOTION in Limine to Exclude Evidence of the EEOC Determination, 200 MOTION in Limine to Exclude Evidence of Punitive Damages In Support of Motions In Limine by A.C. DELLOVADE, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (MILCOFF, JOSEPH) (Entered: 02/08/2008)
202 NOTICE by JAMES GRIMES (RATHGEBER, JOANNE) (Entered: 02/11/2008)
203 NOTICE by EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Letter Regarding Settlement Status (COOK, TERRENCE) (Entered: 02/11/2008)
204 NOTICE by A.C. DELLOVADE, INC. Letter to Judge Golden (MILCOFF, JOSEPH) (Entered: 02/13/2008)
205 NOTICE by JAMES GRIMES re 204 Notice (Other) Letter to Judge Golden (RATHGEBER, JOANNE) (Entered: 02/13/2008)
206 Minute Entry for proceedings held before MAGISTRATE JUDGE ARNOLD C. RAPOPORT re: A Telephone Conference was held on 2/12/08 and was not placed on the record. (ky, ) (Entered: 02/14/2008)
207 ORDER THAT THIS MATTER IS DISMISSED WITHOUT PREJUDICE SO THAT THE PARTIES CAN RESOLVE THE NON−MONETARY ASPECTS OF THE LITIGATION. THE PARTIES SHALL REPORT TO THE COURT IN WRITING WITHIN 90 DAYS OF THE DATE OF THIS ORDER AS TO THE STATUS OF THEIR EFFORTS. THE TRIAL DATE OF FEBRUARY 25, 2008 IS CANCELLED. THE CLERK IS DIRECTED TO TERMINATE ALL OUTSTANDING MOTIONS. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 2/15/08. 2/19/08 ENTERED AND COPIES MAILED, E−MAILED.(mas, ) (Entered: 02/19/2008)
208 NOTICE of Withdrawal of Appearance by JOSEPH P. MILCOFF on behalf of A.C. DELLOVADE, INC.(MILCOFF, JOSEPH) (Entered: 02/21/2008)
209 CONSENT DECREE ENTERED INTO BY AND SHALL BE FINAL AND BINDING BETWEEN THE EEOC AND DEFENDANT STEEL SUPPLIERS ERECTORS, INC. THEIR DIRECTORS, OFFICERS, AGENTS, SUCCESSORS AND ASSIGNS. THE EEOC AND STEEL SUPPLIERS AGREE TO ENTRY OF THIS CONSENT DECREE, WHICH SHALL FULLY AND FINALLY RESOLVE ALL CLAIMS THE EEOC RAISED IN ITS COMPLAINT IN 05−3389−TMG. THIS CONSENT DECREE SHALL NOT CONSTITUTE EITHER AN ADJUDICATION OF OR FINDING ON THE MERITS OF THE COMPLAINT AND SHALL NOT BE CONSTRUED AS AN ADMISSION BY STEEL SUPPLIERS OF ANY VIOLATION OF TITLE VII. THE DECREE SHALL BE IN EFFECT FOR A PERIOD OF 4 YEARS FROM THE DATE IT IS ENTERED BY THE COURT. STEEL SUPPLIERS AGREES TO PAY MONETARY RELIEF IN THE TOTAL AMOUNT OF $250,000.00 TO JAMES SLATER IN FULL SETTLEMENT OF THE CLAIMS RAISED AGAINST STEEL SUPPLIERS IN THE EEOC'S COMPLAINT. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 5/7/08. 5/8/08 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 05/08/2008)

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 21 of 22

05/08/2008
05/08/2008
05/08/2008
05/15/2008 05/22/2008 05/22/2008 06/06/2008 06/09/2008 06/09/2008 06/09/2008 06/09/2008 06/12/2008

210 CONSENT DECREE THAT THIS ACTION WAS BROUGHT BY THE UNITED STATES EEOC ON 7/1/05 AGAINST DEFENDANT BOGAN, INC./HAKE GROUP, ETC. TO PROVIDE APPROPRIATE RELIEF TO CHARGING PARTY KEITH RIDDICK, AND A CLASS OF SIMILARLY SITUATED BLACK EMPLOYEES WHO WERE ADVERSELY AFFECTED BY SUCH PRACTICES. DEFENDANT BOGAN/HAKE AGREES TO PAY MONETARY RELIEF IN THE TOTAL AMOUNT OF FOUR HUNDRED AND FIFTY THOUSAND DOLLARS $450,000.00 TO KEITH RIDDICK AND JEFFREY CAMPBELL IN FULL SETTLEMENT OF THE CLAIMS RAISED AGAINST DEFENDANT BOGAN/HAKE IN THE EEOC'S COMPLAINT, ETC. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 5/7/08. 5/8/08 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 05/08/2008)
211 CONSENT DECREE THAT THIS ACTION WAS BROUGHT BY THE UNITED STATES EEOC ON 7/1/05 AGAINST CONECTIV 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 RACE (BLACK) AT A CONSTRUCTION SITE AND TO PROVIDE APPROPRIATE RELIEF TO KEITH RIDDICK, JAMES SLATER, ROY GRIMES, ETC. CONECTIV AGREES TO PAY MONETARY RELIEF IN THE TOTAL AMOUNT OF $750,000.00 TO KEITH RIDDICK, JAMES SLATER, ROY GRIMES AND JEFFREY CAMPBELL IN FULL SETTLEMENT OF THE CLAIMS RAISED AGAINST CONECTIV IN THE LAWSUIT: JEFFREY CAMPBELL − $166,666.66; ROY GRIMES − $166,666.67; KEITH RIDDICK − $166,666.67; AND JAMES SLATER − $250,000.00. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 5/7/08. 5/8/08 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 05/08/2008)
212 CONSENT ORDER THAT THIS ACTION WAS BROUGHT BY THE UNITED STATES EEOC AGAINST A.C. DELLOVADE, INC. UNDER TITLE VII OF THE CIVIL RIGHTS ACTION OF 1964, ETC., ON BEHALF OF ROY GRIMES, ALLEGING THAT DEFENDANT A.C. DELLOVADE, INC. DISCRIMINATED AGAINST MR. GRIMES BASED ON HIS RACE, BLACK. DELLOVADE AGREES TO PAY MONETARY RELIEF TO ROY LEE GRIMES IN THE TOTAL AMOUNT OF $200,000.00 IN FULL SETTLEMENT OF THE CLAIMS RAISED AGAINST DELLOVADE IN THE EEOC COMPLAINT AND IN THE GRIMES COMPLAINT AND IN THE LAWSUIT. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 5/7/08. 5/8/08 ENTERED AND COPIES MAILED AND E−MAILED.(ky, ) (Entered: 05/08/2008)
213 STIPULATION of Dismissal with Prejudice by JAMES SLATER, STEEL SUPPLIERS ERECTORS, INC.. (Attachments: # 1 Certificate of Service)(COTTRELL, PAUL) (Entered: 05/15/2008)
214 STIPULATION of Dismissal (Plaintiff Keith Riddick) by MATRIX SERVICES INDUSTRIAL CONTRACTORS. (STANSFIELD, WAYNE) (Entered: 05/22/2008)
215 STIPULATION of Dismissal (Plaintiff Jeffrey Campbell) by MATRIX SERVICES INDUSTRIAL CONTRACTORS. (STANSFIELD, WAYNE) (Entered: 05/22/2008)
216 STIPULATION of Dismissal with Prejudice by A.C. DELLOVADE, INC.. (KAPLAN, KIMBERLY) (Entered: 06/06/2008)
217 NOTICE OF APPEAL as to 150 Order on Motion for Reconsideration,,, by KEITH RIDDICK. Copies to Judge, Clerk USCA, Appeals Clerk and JOANNE RATHGEBER. (RATHGEBER, JOANNE) Modified on 6/10/2008 (nd). (Entered: 06/09/2008)
218 NOTICE OF APPEAL as to 150 Order on Motion for Reconsideration, by JAMES SLATER. Copies to Judge, Clerk USCA, Appeals Clerk and JOANNE RATHGEBER . (RATHGEBER, JOANNE) Modified on 6/10/2008 (nd). (Entered: 06/09/2008)
219 Clerk's Notice to USCA re 217 Notice of Appeal : (ah) (Entered: 06/10/2008)
220 Clerk's Notice to USCA re 218 Notice of Appeal : (ah) (Entered: 06/10/2008)
Filing fee: $ 455.00, receipt number 949055 for Notice of Appeal Re: Slater v. Ironworkers Local Union No. 36. (ah) (Entered: 06/12/2008)

Case: 2:05-cv-03389-TMG As of: 04/08/2019 08:45 PM EDT 22 of 22

06/12/2008 06/19/2008 06/26/2008
06/27/2008 12/11/2008

Filing fee: $ 455.00, receipt number 949056 for Notice of Appeal re: Riddick v. International Brotherhood of Electrical Workers Local 375. (ah) (Entered: 06/12/2008)
221 Copy of TPO Form re 217 Notice of Appeal, 218 Notice of Appeal. (kw, ) (Entered: 06/20/2008)
Record Complete for Purposes of Appeal re 218 Notice of Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (om, ) (Entered: 06/26/2008)
NOTICE of Docketing Record on Appeal from USCA re 218 Notice of Appeal filed by JAMES SLATER. USCA Case Number 08−2674. (ah) (Entered: 06/30/2008)
222 ORDER of USCA THAT THIS MATTER IS HEREBY DISMISSED PURSUANT TO FED. R. APP. P. 42(b), WITHOUT COSTS TO EITHER PARTY. (ah) (Entered: 12/11/2008)

 
 Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CONECTIV, A.C. DELLOVADE, INC., STEEL SUPPLIERS ERECTORS, INC., and MATRIX SERVICES INDUSTRIAL CONTRACTORS, d/b/a/ BOGAN, INC./HAKE GROUP,
Defendants.

Jury Trial Demanded Civil Action No.

NATURE OF ACTION Plaintiff, the United States Equal Employment Opportunity Commission, brings this 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 race (black) and to provide appropriate relief to Keith Riddick, James Slater, Roy Grimes ("Charging Parties"), and a class of similarly situated black employees who were adversely affected by such practices. The Commission alleges Defendants Conectiv, A.C Dellovade, Inc., Steel Suppliers Erectors, Inc., and Matrix Services Industrial Contractors, d/b/a/ Bogan, Inc./Hake Group, acting as joint employers, subjected Charging Parties and a class of similarly situated black employees to a racially hostile work environment while they were employed on the Bethlehem Project in Bethlehem, Pennsylvania. The class of similarly situated black employees (the "Class") includes prime contractors and subcontractor employees.

I

Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 2 of 10
As alleged with greater particularity in paragraph II A-H below, Defendants allowed
Charging Parties and the class members to be subjected to egregious racial harassment in the form of racist graffiti on the walls and surfaces of portable toilets on the worksite, display of a
hangman's noose, racial slurs and racially derogatory comments from both managers and coworkers. The Commission further alleges that although the Charging Parties and class members
complained about the racial harassment, Defendants failed to take prompt, effective, remedial measures to correct the racially hostile work environment. As a result of the racial harassment, the Charging Parties and class members have suffered emotional distress and wage loss damages.
JURISDICTION AND VENUE I. 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(f)(l) and (3) ("Title Vlf'), 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 Eastern District ofPennsylvania.
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)(l) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(l) and (3). 4. At all relevant times, Defendant Conectiv, a Pennsylvania Corporation maintaining its registered office c/o CT Corporation Systems, 1635 Market Street, Philadelphia,
2

Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 3 of 10
Pennsylvania, 19103, has continuously been doing business in the Commonwealth of Pennsylvania and the City of Philadelphia, and has continuously had at least 15 employees.
5. At all relevant times, Defendant A.C. Dellovade, Inc. ("Dellovade'), a Pennsylvania Corporation with its principal place of business located at 108 Cavasina Drive, Canonsburg, PA 15317, has continuously been doing business in the Commonwealth of Pennsylvania and the City of Canonsburg, and has continuously had at least 15 employees.
6. At all relevant times, Defendant Steel Suppliers Erectors, Inc. ("Steel Suppliers"), a Delaware Corporation with its principal place of business located at 701 East Front Street, Wilmington, Delaware, 19801, has continuously been doing business in the State of Delaware and the City of Wilmington, and has continuously had at least 15 employees.
7. At all relevant times, Defendant Matrix Services Industrial Contractors, d/b/a/ Bogan, Inc./Hake Group ("Bogan/Hake"), a Peuusylvania C01poration with its principal place of business located at 1500 Chester Pike, Eddystone, Pennsylvania, 19022, has continuously been doing business in the Commonwealth of Pennsylvania and the City of Eddystone, and has continuously had at least 15 employees.
8. At all relevant times, all Defendants herein have continuously been employers eugaged in au industry affecting commerce within the meaning of Sections 70 I(b), (g) aud (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). Defendant Employers Conectiv, Dellovade, Steel Suppliers and Bogan!Hake (collectively referred to as "Defendant Employers"), shared or codetennined the essential terms and conditions of Charging Parties' employment and otherwise operated as joint-employers at Defendant Conectiv's Bethlehem Project, located in Bethlehem, Peuusylvania beginning in October 2001 until the project's completion in or about 2003.
3

Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 4 of 10
9. Alternatively, at all relevant times, Defendant Conectiv's continued maintenance of a racially hostile work envirorunent interfered with the terms and conditions of employment of Keith Riddick, James Slater, Roy Grimes and the class members.
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Keith Riddick, James Slater and Roy Grimes filed charges with the Commission alleging violations ofTitle VII by Defendant Employers. All conditions precedent to the institution of this lawsuit has been fulfilled. II. Since at least Jnne 2002, Defendant Employers have engaged in nnlawful employment practices at their Bethlehem, Pennsylvania worksite in violation of Section 703(a)(l) of Title VII, 42 U.S. C. Section 2000e-2(a)(l), by discriminating against Keith Riddick, James Slater, Roy Grimes and a class of black employees based on their race. The unlawful employment practices include, but are not limited to, the following: A. In 2001, Defendant Conectiv started a project to build anew power plant on land reclaimed from a defunct Bethlehem Steel plant in Bethlehem, Pennsylvania. This was known as the Bethlehem Project (the "Project"). B. At its high point, the Project had over 900 individuals working on site. Including Charging Parties, there were approximately 20 blacks on the entire Project. C. Keith Riddick, an electrician, worked for Bogan/Hake. Bogan/Hake employed approximately 300 electricians. D. James Slater, a welder, worked for Steel Suppliers. E. Roy Grimes, an operating engineer, worked for Dellovade. Mr. Grimes was the only black operating engineer on the Project.
4

Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 5 of 10
F. Beginning in Jnne 2002, and continuing nntil the Charging Parties left the Project, Defendant Employers created and allowed the Charging Parties and class members to be subjected to a racially hostile work environment, including but not limited to, the following:
1. Allowing racist graffiti to exist on the walls and other surfaces of the portable toilets including, but not limited to, comments such as, "nigger trash mother f--ker", ''who let that dirty nigger into local36", "J.T. (James Slater)= dirty nigger", "white man rules" ,"ifyou not white, you not right" , "white power", "sieg heil" , "KKK" , "I love the Ku Klux Klan", "ifblack is beautiful, I sh-t a masterpiece", "coon", "MLK (Martin Luther King, Jr.), head coon in charge." The racist graffiti also included depictions of a swastika, and references to the Aryan Nation.
2. Allowing racially offensive comments to be made by white foremen, supervisors and co-workers to black individuals, including but not limited to: "I think everybody should own one", ''black people are no good and you cannot trust them" , ''black people steal and sell drugs", and "black people can't read or write."
3. In April2003, a hangman's noose, historically used for lynching blacks, was hung from a beam Charging Party Keith Riddick's work area.
4. Defendant Began/Hake's Supervisor Joe Kennedy (white), told Keith Riddick that he thought the hangman's noose was a joke. Andy McCullian (white) also commented that he thought the hangman's noose was fiumy.
5

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Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 6 of 10
5. Defendant Dellovade's Superintendent Gene Anders (white), made racially offensive comments to and about Roy Grimes such as "does the nigger eat in the break trailer with the rest of us?" , "where the f--k is the nigger?", "that's considered nigger work."
6. Defendant A.C. Dellovade's Superintendent Herman Beaulieu (white) constantly criticized Roy Grimes' work, commenting that the "boy's" work was "not any good." Roy Grimes was advised by his white coworkers that A.C. Dellovade's Superintendent Beaulieu (white) did not like him because he is black, and told Mr. Grimes that he'd have a better chance getting overtime if he were pregnant.
7. Defendant Hogan/Hake's Supervisor Joe Kennedy (white) told Keith Riddick after he complained, that the workplace was an "Anglo-Saxon racist environment", but failed to take any action to remedy the hostile work environment.
G. Defendant Employers had notice of the racially hostile work environment as follows: 1. Defendant Employers had notice of the racially hostile work environment as management officials of each Defendant used the portable toilets and saw the offensive racial graffiti on a daily basis. 2. Keith Riddick complained about the racist graffiti to Supervisor, Joe Kennedy, who took no remedial action. 3. Keith Riddick complained about the racist graffiti in the portable toilets to Bogan!Hake's Foreman, Terry Hartman. No remedial action was taken.

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4. In or about May 2003, Keith Riddick complained to Bogan!Hake's Assistant General Foreman Butch Anawald about the hangman's noose and continued racial graffiti in the portable toilets. No remedial action was taken.
5. Steel Supplier's Foreman Bill Thomas (white) was aware of the racist graffiti in the portable toilets and asked James Slater if he was also aware of the racist graffiti.
6. Defendant Conectiv's Project Manager Michael "Redbeard" DelCasale was aware of the racially hostile work environment, including racist comments made to Roy Grimes.
7. Michael DelCasale was observed by several employees using the portable toilets containing the racist graffiti, but he took no remedial action.
H. As a result of the severe and pervasive racially hostile work environment, which Defendant Employers failed to correct, James Slater was forced to resign.
12. The effect of the practices complained of in paragraph 11 A-H above, has been to deprive Keith Riddick, James Slater, Roy Grimes and the class similarly situated black employees of equal employment opportunities and otherwise affect adversely their status as an employees because ofrace.
13. The unlawful employment practices complained of in paragraph 11 A-H above were intentionaL
14. The unlawful employment practices complained of in paragraph 11 A-H above were done with malice or with reckless indifference to the federally protected rights of Keith Riddick, James Slater, Roy Grimes and the class of similarly situated black employees.
7

Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 8 of 10
PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant Employers, their officers, successors, assigns, and all persons in active concert or participation with it, from harassing and providing unequal terms and conditions of employment to employees on the basis of race and
any other employment practice which discriminates on the basis of race.
B. Order Defendant Employers to institute and carry out policies, practices, and
programs which provide equal employment opportunities for individuals of all races and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Employers to make whole Keith Riddick, James Slater, Roy
Grimes and the class members, by providing appropriate back pay with prejudgment interest, in
amounts to be determined at trial, and other affinnative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employers to make whole Keith Riddick, James Slater, Roy Grimes and the class, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 11 A-H including medical expenses, in amounts to be determined at trial.
E. Order Defendant Employers to make whole Keith Riddick, James Slater, Roy Grimes and the class by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 11 A-H, including emotional pain, suffering, depression, anxiety, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
8

Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 9 of 10 F. Order Defendant Employers to pay Keith Riddick, James Slater, Roy Grimes and the class punitive damages for its malicious and reckless conduct described in paragraph 10 AH, in amounts to be detem1ined at triaL G. Grant such further relief as the Court deems necessary proper in the public interest. H. Award the Commission its costs of this action.
9

Case 2:05-cv-03389-TMG Document 1 Filed 07/01/05 Page 10 of 10

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

Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

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Regional Attorney

Dated: July I, 2005

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Supervisory Trial Attorney
~Mt4Z~ TERRENCE R. COOK Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Philadelphia District Office 21 South 5ili Street, Suite 400 Philadelphia, PA 19106 (215) 440-2688; (215) 440-2848 (FAX)

10

 
 Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, et al.,

)

)

Plaintiffs,

)

)

v.

)

)

CONECTIV, et al.,

)

)

Defundanh.

)

)

)

C.A. NO. 2:05-cv-03389-TMG

CONSENT DECREE

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A. This action was brought by the United States Equal Employment Opportunity Commission
'
("the EEOC" or "the Commission") on July 1, 2005, against, inter alia, Steel Suppliers Erectors,

Inc., under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to

correct alleged unlawful employment practices on the basis of race (Black) and to provide

appropriate relief to James Slater who was adversely affected by such practices.

The Commission alleged Steel Suppliers Erectors, Inc., allowed James Slater to be subjected

to egregious racial harassment in the form of racist graffiti on the walls and surfaces of portable

toilets on the worksite, display of a hangman's noose, racial slurs and racially derogatory comments

from both managers and co-workers. The Commission. further alleges that although James Slater complained about the racial harassment, Steel Suppliers Erectors, Inc. failed to take prompt,

effective, remedial measures to correct the racially hostile work environment.

Steel Suppliers denies all allegations.

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Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 2 of 14
B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Defendant Steel Suppliers Erectors, Inc. ("Steel Suppliers"), their directors, officers, agents, successors and assigns.
C. The EEOC and Steel Suppliers agree to entry of this Consent Decree, which shall fully and finally resolve all claims the EEOC raised in its Complaint in Civil Action No. 2:05-cv3389-TMG. This Consent Decree shall not constitute either an adjudication of or finding on the merits of the complaint and shall not be construed as an admission by Steel Suppliers of any violation of Title VII.
Findings D. Having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, the Court finds: (1) it has jurisdiction over the parties and subject matter jurisdiction of this action; and (2) the terms of this Decree are fair, reasonable, equitable and just, and adequately protect the rights of the parties, class members and the public interest. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
Non-Discrimination and Non-Retaliation 1. This Court has jurisdiction over the parties and subject matter of this action. 2. Steel Suppliers is enjoined from engaging in any employment practice which operates to harass individuals based on race in violation of Title VII. 3. Steel Suppliers is enjoined from engaging in any employment practices which retaliate in any manner against any person, including but not limited to Keith Riddick, James Slater, Roy Grimes, Jeffrey Campbell or any individual identified or named during this litigation and/or
2

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 3 of 14
during the EEOC's investigation into the charges filed by Mr. Riddick, Mr. Slater, and Mr. Grimes as a claimant, potential claimant, or witness, because of that person's opposition to any practice made an unlawful employment practice under Title VII or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII.
4. Steel Suppliers shall not divulge, directly or indirectly, to any identifiable employer or potential employer of James Slater and any individual identified or named during the EEOC's investigation into the charges filed by James Slater, as a claimant, potential claimant, or witness, any of the facts or circumstances related to the claims of discrimination against Steel Suppliers in this case or any of the events relating to their participation in the EEOC's investigation or in the litigation of this action.
5. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Steel Suppliers under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending, if any, or filed in the future against Defendants.
Duration of the Decree 6. The Decree shall be in effect for a period of four (4) years from the date it is entered by the Court.
Monetary Relief 7. Steel Suppliers agrees to pay monetary relief in the total amount of two hundred and fifty thousand dollars($ 250,000.00), to James Slater in full settlement of the claims raised against Steel Suppliers in the EEOC's Complaint. The monetary relief will be paid in the following manner: within 10 business days after receipt of an executed Release executed by James Slater and
3

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 4 of 14
the Court's entry of the Consent Decree, whichever date is later, Steel Suppliers will pay James Slater a total of two hundred and fifty thousand dollars ($ 250,000.00). If Steel Suppliers does not make payment in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus attorneys fees, costs, and interest paid at the legal rate, compounded daily.
The check(s) will be mailed to James Slater c/o Joanne Rathgeber, Esq., Hill Wallack, LLP, 111 East Court Street, Doylestown, PA 18901. If there are any changes in address, the EEOC will provide notice by certified mail to counsel for Steel Suppliers. Defendant Steel Suppliers will mail a copy of each check, within five business days of mailing it to James Slater to the attention of Terrence R. Cook, Supervisory Trial Attorney, EEOC, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515. In order to receive this monetary relief, James Slater, must execute a release satisfactory in form to Steel Suppliers and to James Slater.
Notice Posting 8. Within 20 business days after entry of this Decree, Steel Suppliers shall post at its home office on all bulletin boards used by Steel Suppliers for communicating with employees, and at all worksites in which Steel Suppliers is either a prime-contractor or sub-contractor and maintains a trailer or bulletin board for communicating with Steel Suppliers employees, same-sized copies of the Notice attached as Exhibit 1 to this Decree. The Notice shall remain posted for four (4) years from the date of entry of this Decree. Steel Suppliers shall provide to the attention of Terrence R. Cook, Supervisory Trial Attorney, EEOC, 21 South Fifth Street Suite 400, Philadelphia, PA 191062515, a list of the location and date of each posting within 40 days after entry of this Decree. If the
4

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 5 of 14
posting becomes defaced, removed, marred or otherwise illegible, Steel Suppliers agrees to post a readable copy in the same manner as heretofore specified.
Non-Discrimination and Anti-Harassment Policies and Complaint Procedures 9. Steel Suppliers' policies against discrimination, harassment and retaliation and complaint procedures shall be drafted in plain and simple language, and be available in English and Spanish. Steel Suppliers shall ensure that its policy or policies against discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria: (a) state that Steel Suppliers: (i) prohibits discrimination against employees on the basis of race, sex, national origin, religion and color, and prohibits retaliation in violation of Title VII; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of race, sex, national origin, religion or color in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on race, sex, national origin, religion or color in violation of Title VII; (b) include a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents of discrimination, harassment and retaliation; (ii) provide that the complaints of discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii)
5

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 6 of 14
identify employees to whom an employee can make a complaint; (iv) provide a toll free number that will be available for employees to call to make a complaint of discrimination, harassment or retaliation during work hours or to leave a message after work hours; (v) encourage prompt reporting by employees; and (vi) provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt investigation of complaints of harassment and/or retaliation; (d) provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and (e) provide for discipline up to and including discharge of an employee, supervisor or foreman who violates Steel Suppliers' policy or policies against discrimination, harassment and retaliation, and for increasingly severe discipline of repeat offenders. (f) Steel Suppliers shall distribute to all of its employees, its policy or policies against discrimination, harassment and retaliation. This distribution will take place no later than 90 days after the entry of this Consent Decree. Acknowledgment of receipt forms will be made available. Steel Suppliers will retain copies of any acknowledgment of receipt form. 10. Within 90 days after entry of this Consent Decree, Steel Suppliers shall advise Terrence R. Cook, Supervisory Trial Attorney, EEOC's Philadelphia District Office, that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees and that all employees will receive these policies and have an opportunity to acknowledge receipt. 11. Steel Suppliers shall, every six months for the duration of the Consent Decree, send a copy of its policy or policies against discrimination, harassment and retaliation to each employee.
6

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 7 of 14
Supervisor/Foreman Accountability 12. Steel Suppliers shall promote supervisor/foreman accountability by the following conduct: (a) providing annual anti-discrimination training to all of its supervisory and managerial personnel, including foreman as set forth in Paragraph 13. (b) disciplining, up to and including discharge, any supervisor, manager or foreman who violates Steel Suppliers' policy or policies against discrimination, harassment and retaliation; (c) imposing on all managers, supervisory personnel and foreman a duty to administer their work areas to ensure compliance with Steel Suppliers' policy or policies against discrimination, harassment and retaliation; and (d) requiring all managers, supervisors or foremen to report any pattern of behavior and/or complaint of harassment and/or retaliation of which they become aware to Steel Suppliers' Corporate Office.
Training 13. Steel Suppliers shall provide training on the requirements of Title VII as follows: (a) Steel Suppliers agrees to provide annual training sessions for all of its managers, supervisors and general foremen on employee rights and employer obligations under both Title VII and relevant state or local anti-discrimination laws, which training will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what constitutes unlawful retaliation and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;
7

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 8 of 14
(b) each training session will include a presentation or statement by a high-ranking Steel Suppliers official emphasizing its commitment to prevent discrimination and harassment;
(c) In addition to the training described in Paragraph 13 (a) within 90 calendar days of the entry of the Consent Decree, Steel Suppliers shall provide training to all employees on Steel Suppliers' respective policy on racial harassment in the workplace, a discussion of what conduct constitutes racial harassment and the complaint procedure to follow if racial harassment occurs.
(d) Steel Suppliers shall first provide training in accordance with Paragraph 13 (a) and (c) no later than 90 calendar days after entry of this Consent Decree and also shall provide such training in calendar years 2009,2010,2011 and 2012.
(e) Steel Suppliers shall obtain the EEOC's approval of its proposed trainer prior to the first year's training session. The approval of the trainer will be effective for subsequent training sessions for the duration of the Consent Decree unless the EEOC determines that the prior training did not comport with the terms of this Consent Decree. Within 10 business days of notification by Steel Suppliers of the trainer's name and outline of the training session, EEOC will advise Steel Suppliers whether or not the trainer is approved. If the EEOC denies approval of the trainer within the 10 business day period, the EEOC is required to provide Steel Suppliers with a detailed explanation for the rejection. If the EEOC fails to respond within the 10 business day period, Steel Suppliers can proceed with the trainer that it selected.
14. Steel Suppliers agrees at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions.
15. Steel Suppliers shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraphs 13 (a) and (c) have occurred that the training has taken
8

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 9 of 14
place and the personnel who attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing of all managers and supervisors as of the date of the training.
Recordkeeping 16. For a period of four (4) years following entry of this Decree, Steel Suppliers shall document and retain records of each complaint of an incident of discrimination or harassment, based on race and/or retaliation for filing a complaint of racial harassment by any employee, reflecting the date the complaint was made, who made it, what was alleged and the actions, if any, Steel Suppliers took to resolve the matter, and shall at its expense make such records available for inspection and copying by the EEOC. 17. Steel Suppliers shall make all documents or records referred to in Paragraph 16 available for inspection and copying within 10 business days after the EEOC so requests. In addition, Steel Suppliers shall make available for interview all persons in its employ whom the EEOC reasonably requests for purposes of verifying compliance with this Decree and shall permit a representative of the EEOC to enter Steel Suppliers' premises for such purposes on five business days' advance notice by the EEOC. 18. Nothing in this Decree shall be construed to limit any obligation Steel Suppliers otherwise may have to maintain records under Title VII or any other law or regulation. After expiration of this Consent Decree, records will be maintained by Steel Suppliers as required by law and Commission regulations.
Reporting
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Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 10 of 14
19. Steel Suppliers shall furnish to the EEOC the following written reports semiannually for a period of four-years following entry of this Decree with the first report due six months after entry of the Decree and the final report due 48 months after entry of the Decree. Each such report shall contain:
(a) a summary of the information recorded by Steel Suppliers pursuant to Paragraph 15, if any such complaints were filed, and to include the name of the complainant, the allegation of the complaint and any action taken by Steel Suppliers in response;
(b) a certification by Steel Suppliers that the Notice required to be posted by Paragraph 15 was posted during the six months preceding the report;
(c) a certification by Steel Suppliers that it has or will distribute the policy or policies against discrimination, harassment and retaliation annually to employees, and that Steel Suppliers has disseminated the policy or policies against discrimination, harassment and retaliation to all new employees hired within the six-month period preceding the report;
(d) a certification that Steel Suppliers has complied with training requirements of this Consent Decree;
(e) a summary of any additional actions Steel Suppliers took to prevent discrimination, harassment and retaliation during the six-month period preceding the report.
DISPUTE RESOLUTION 20. In the event that either Conectiv or the EEOC believes that the other has failed to comply with any provision(s) of the Consent Decree, the complainant shall notify the other of the alleged non-compliance within ten (10) days of the alleged non-compliance and shall afford the alleged non-complying entity ten (10) business days to remedy the non-compliance or to satisfy the
10

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 11 of 14
complainant that the alleged non-complying entity has complied. If the alleged non-complying entity has not remedied the alleged non-compliance or satisfied the complainant that it has complied within ten (1 0) business days, the complainant may apply to the Court for appropriate relief.
Miscellaneous Provisions 21. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 22. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Steel Suppliers in their capacities as representatives, agents, directors and officers of Steel Suppliers and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of this Decree. 23. This Consent Decree shall be filed in the United States District Court for the Eastern District of Pennsylvania and shall continue in effect for four (4) years. During this time, this Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this five-year period, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as all disputes have been resolved. 24. The Clerk of the District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record.
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Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 12 of 14

RONALD S. COOPER General Counsel

JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington DC 20507

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Tighe & Logan Cottrell, P.A.

One Customs House

P.O. Box 1031

Wilmington, DE 19899

Counsel for Defendant Steel Suppliers

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Terrence R. Cook Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Philadelphia District Office 21 S. 5th Street, Suite 400 Philadelphia, PA 191 06 (215) 440-2688 Counsel for PlaintiffEEOC

12

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 13 of 14

SO ORDERED:
By the Court:~~ /1 r
THOMAS M. GOLDE

~ Date: .5'/'J)O d I I

13

Case 2:05-cv-03389-TMG Document 209 Filed 05/08/08 Page 14 of 14
Exhibit 1
NOTICE TO ALL STEEL SUPPLIERS ERECTORS, INC. EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the Eastern District of Pennsylvania in EEOC v. Steel Suppliers Erectors, Inc., eta!., Civil Action Number 05-3389, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Steel Suppliers Erectors, Inc ("Steel Suppliers").
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended ("Title VII"), prohibits discrimination against employees and applicants for employment based upon race, national origin, sex, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves of the rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifYing or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that Steel Suppliers allowed a Black employee to be subjected to egregious racial harassment including racial slurs and racially derogatory comments from both managers and co-workers, in violation of Title VII. Steel Suppliers denies all allegations.
To resolve the case, Steel Suppliers and the EEOC have entered into a Consent Decree which provided, among other things, that: ( 1) Steel Suppliers pay monetary relief to the aggrieved individual; (2) Steel Suppliers shall not discriminate on the basis of race; (3) Steel Suppliers shall not retaliate against any person because he or she 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) Steel Suppliers will train all managers, supervisors, and employees regarding discrimination, harassment and retaliation, and regarding its policy prohibiting discrimination, harassment and retaliation.
If you believe you have been discriminated against, you may contact the EEOC at (215) 440-2600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for four (4) 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 the: R gional Attorney, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, p 19106.

DATED: .F/:~J 0 f}' ~,

DATED: :J- z...r- Of

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 Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, et at.,

)

)

Plaintiffs,

)

)

v.

)

)

CONECTIV, et at.,

)

)

Defendants.

)

)

)

C.A. NO. 2:05-cv-03389-TMG

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CONSENT DECREE

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By_._

Oep. Clerk

A. This action was brought by the United States Equal Employment Opportum y

Commission ("the EEOC" or "the Commission") on July 1, 2005, against Defendant Bogan,

Inc./Hake Group ("Bogan/Hake") 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 ofrace (Black) and

to provide appropriate relief to Charging Party Keith Riddick, and a class of similarly situated Black

employees who were adversely affected by such practices.

In its lawsuit, the EEOC alleged that Defendant Bogan/Hake subjected Black employees to a

hostile work environment based on race in violation of Title VII of the Civil Rights Act of 1964

("Title VII"). EEOC further alleges that although Keith Riddick and class members complained

about the racial harassment, Defendant Bogan/Hake failed to take prompt, effective, remedial

measures to correct the racially hostile work environment. Defendant Bogan/Hake denies these

allegations.

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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 2 of 16

B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Defendant Bogan/Hake, their directors, officers, agents, successors and assigns.

C. The EEOC and Defendant Bogan/Hake agree to entry of this Consent Decree, which

shall fully and finally resolve all claims the EEOC raised against Defendant Bogan/Hake in its Complaint in Civil Action No. 2:05-cv-3389-TMG. This Consent Decree shall not constitute either an adjudication of or finding on the merits of the complaint and shall not be construed as an

admission by Defendant Bogan/Hake of any violation of Title VII.

Findings

D. Having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings, record and stipulations of the parties, the Court finds: (1) it has jurisdiction

over the parties and subject matter jurisdiction of this action; and (2) the terms of this Decree are fair, reasonable, equitable and just, and adequately protect the rights of the parties, class members and the public interest.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

Non-Discrimination and Non-Retaliation

1. This Court has jurisdiction over the parties and subject matter of this action.

2.

Defendant Bogan/Hake shall not engage in any employment practice which operates

to harass individuals based on race in violation of Title VII. Specifically, Defendant Bogan/Hake

shall not create, foster, or tolerate a hostile work environment based on race.

3.

Defendant Bogan!Hake shall not engage in any employment practices which retaliate

in any manner against any person, including but not limited to Keith Riddick, Jeffrey Campbell or

any individual identified or named during this litigation and/or during the EEOC's investigation into

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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 3 of 16

the charges filed by Keith Riddick as a claimant, potential claimant, or witness, because of that person's opposition to any practice made an unlawful employment practice under Title VII or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII.
4. Defendant Bogan/Hake shall not divulge, directly or indirectly, to any identifiable employer or potential employer of Keith Riddick, Jeffrey Campbell, and any individual identified or named during the EEOC's investigation into the charges filed by Keith Riddick as a claimant, potential claimant, or witness, any of the facts or circumstances related to the claims of discrimination against Defendant Bogan/Hake in this case or any of the events relating to their participation in the EEOC's investigation or in the litigation ofthis action.
5. Nothing in this Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Defendant Bogan/Hake under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending, if any, or filed in the future against Defendants.

DURATION OF THE DECREE 6. The Decree shall be in effect for a period of four (4) years from the date it is entered by the Court.

MONETARY RELIEF

7.

Defendant Bogan/Hake agrees to pay monetary relief in the total amount of four

hundred and fifty thousand dollars ($450,000.00), less applicable withholdings, to Keith Riddick

and Jeffrey Campbell in full settlement of the claims raised against Defendant Bogan/Hake in the

EEOC's Complaint. The monetary relief will be paid in the following manner: within 14 business

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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 4 of 16
days after receipt of a Release executed by Keith Riddick and Jeffrey Campbell and the Court's entry of the Consent Decree, whichever date is later, Defendant Bogan/Hake will pay Keith Riddick and Jeffrey Campbell a total of four hundred and fifty thousand dollars ($450,000.00), as set forth on Exhibit 1. If Defendant Bogan/Hake does not make payment in the manner set forth in this Paragraph, the Court will enter a judgment for the entire amount remaining due, plus attorneys fees, costs, and interest paid at the legal rate, compounded daily.
The check(s) will be mailed to Keith Riddick and Jeffrey Campbell c/o Joanne Rathgeber, Esq., Hill Wallack, LLP, 111 East Court Street, Doylestown, PA 18901. lfthere are any changes in address, the EEOC will provide notice by certified mail to counsel for Defendant Bogan/Hake. Defendant Bogan/Hake will mail a copy of each check, within ten (10) business days of mailing it to Keith Riddick and Jeffrey Campbell to the attention of Terrence R. Cook, Supervisory Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 19107. In order to receive this monetary relief, Keith Riddick and Jeffrey Campbell must each execute a release satisfactory in form to Defendant Bogan/Hake and to Keith Riddick and Jeffrey Campbell.
NOTICE POSTING 8. Within 30 business days after entry of this Decree, Defendant Bogan/Hake shall post at its facilities, on all bulletin boards used by Defendant Bogan/Hake for communicating with employees regarding employment laws and regulations, same-sized copies ofthe Notice attached as Exhibit 2 to this Decree. The Notice shall remain posted for four (4) years from the date of entry of this Decree. Counsel for Defendant Bogan/Hake shall provide to the attention of Terrence R. Cook, Supervisory Trial Attorney, EEOC, 801 Market Street, Suite 1300, Philadelphia, PA 19107, a list of the location and date of each posting within 10 days of posting. If the posting becomes defaced,
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removed, marred or otherwise illegible, Defendant Bogan/Hake agrees to post a readable copy in the same manner as heretofore specified.
NON-DISCRIMINATION AND ANTI-HARASSMENT POLICIES AND COMPLAINT PROCEDURES
9. Defendant Bogan/Hake's policies against discrimination, harassment and retaliation and complaint procedures shall be drafted in plain and simple language, and be available in English and Spanish. Defendant Bogan/Hake shall ensure that its policy or policies against discrimination, harassment and retaliation and related complaint procedures meet the following minimum criteria:
(a) state that Defendant Bogan/Hake: (i) prohibits discrimination against employees on the basis of race, sex, national origin, religion and color, and prohibits retaliation in violation of Title VII; (ii) prohibits retaliation against employees for opposing employment practices they reasonably believe are discriminatory or for participating in an investigation by the EEOC or a state or local governmental agency of a charge of discrimination under Title VII; (iii) prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of race, sex, national origin, religion or color in violation of Title VII; and (iv) prohibits any act, policy or practice that has the effect of creating, facilitating or permitting the existence of a work environment that is hostile to employees through acts such as physical/verbal abuse and derogatory comments based on race, sex, national origin, religion or color in violation of Title VII;
(b) include a complaint procedure designed to encourage employees to come forward with complaints regarding violations of its policy or policies against discrimination, harassment and retaliation, which shall meet the following minimum criteria: (i) provide effective mechanism(s) for reporting incidents of discrimination, harassment and retaliation; (ii) provide that the complaints
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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 6 of 16
of discrimination, harassment and/or retaliation can be made either in writing or verbally; (iii) identify employees to whom an employee can make a complaint; (iv) provide a toll free number that will be available for employees to call to make a complaint of discrimination, harassment or retaliation during work hours or to leave a message after work hours; (v) encourage prompt reporting by employees; and (vi) provide assurances that complainants shall not be subjected to retaliation;
(c) provide for prompt investigation of complaints of harassment and/or retaliation; (d) provide for prompt communication to the complaining party of the results of the investigation and any remedial actions taken or proposed; and (e) provide for discipline up to and including discharge of an employee, supervisor or foreman who violates Defendant Bogan/Hake's policy or policies against discrimination, harassment and retaliation, and for increasingly severe discipline of repeat offenders. (f) Defendant Bogan/Hake shall distribute to all of its employees, its policy or policies against discrimination, harassment and retaliation. This distribution will take place no later than 90 days after the entry of this Consent Decree. Acknowledgment of receipt forms will be made available. Defendant Bogan/Hake will retain copies of any acknowledgment of receipt form for an employee in the employee's personnel file. 10. Within 90 days after entry ofthis Consent Decree, Defendant Bogan/Hake shall advise Terrence R. Cook, Supervisory Trial Attorney, EEOC's Philadelphia District Office, that its policy or policies against discrimination, harassment and retaliation have been distributed to current employees and that all employees will receive these policies and have an opportunity to acknowledge receipt.
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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 7 of 16

11. Defendant Bogan/Hake shall once annually for the duration of the Consent Decree send a copy of its policy or policies against discrimination, harassment and retaliation to each employee.

SUPERVISOR/FOREMAN ACCOUNTABILITY 12. Defendant Bogan!Hake shall promote supervisor/foreman accountability by the following conduct:

(a) providing annual anti-discrimination training to all of its supervisory and managerial personnel, including foreman as set forth in Paragraph 13.
(b) disciplining, up to and including discharge, any supervisor, manager or foreman who violates Defendant Bogan/Hake's policy or policies against discrimination, harassment and retaliation;

(c) imposing on all managers, supervisory personnel and foreman a duty to administer their work areas to ensure compliance with Defendant Bogan/Hake's policy or policies against discrimination, harassment and retaliation; and

(d) requiring all managers, supervisors or foremen to report any pattern of behavior and/or complaint ofharassment and/or retaliation of which they become aware to Defendant Bogan!Hake's Corporate Office.

13. follows:

TRAINING Defendant Bogan!Hake shall provide training on the requirements of Title VII as

(a) managers,

Defendant Bogan/Hake agrees to provide annual training sessions for all of its

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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 8 of 16
supervisors and foremen on employee rights and employer obligations under both Title VII and relevant state or local anti-discrimination laws, which training will emphasize what constitutes unlawful harassment and discrimination in the workplace, how to keep the company free from such discrimination, what constitutes unlawful retaliation and will summarize how to conduct a prompt and effective investigation into allegations, complaints or charges of discrimination;
(b) each training session will include a presentation or statement by a high-ranking Defendant Bogan/Hake official emphasizing its commitment to prevent discrimination and harassment;
(c) In addition to the training described in Paragraph 13 (a) within 150 calendar days of the entry of the Consent Decree, Defendant Bogan/Hake shall provide training to all employees on Defendant Bogan/Hake's respective policy on racial harassment in the workplace, a discussion of what conduct constitutes racial harassment and the complaint procedure to follow if racial harassment occurs. Training by video will be permitted in limited circumstances.
(d) Defendant Bogan/Hake shall first provide training in accordance with Paragraph 13 (a) and (c) no later than 150 calendar days after entry of this Consent Decree and also shall provide such training in calendar years 2008, 2009,2010 and 2011.
(e) Defendant Bogan!Hake shall obtain the EEOC's approval of its proposed trainer prior to the first year's training session. The approval of the trainer will be effective for subsequent training sessions for the duration of the Consent Decree unless the EEOC determines that the prior training did not comport with the terms of this Consent Decree. Within 10 business days of notification by Defendant Bogan/Hake ofthe trainer's name and outline of the training session, EEOC will advise Defendant Bogan!Hake whether or not the trainer is approved. If the EEOC
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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 9 of 16
denies approval of the trainer within the 10 business day period, the EEOC is required to provide Defendant Bogan/Hake with a detailed explanation for the rejection. If the EEOC fails to respond within the 10 business day period, Defendant Bogan/Hake can proceed with the trainer that it selected.
14. Defendant Bogan/Hake agrees at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions.
15. Defendant Bogan/Hake shall certify to the EEOC in writing within 10 business days after the training sessions required by Paragraphs 13 (a) and (c) have occurred that the training has taken place and the personnel who attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing of all managers and supervisors as of the date of the training.
RECORD KEEPING 16. For the duration of this Consent Decree, Defendant Bogan/Hake shall document and retain records of each complaint of an incident of discrimination or harassment, based on race and/or retaliation for filing a complaint of racial harassment by any employee, reflecting the date the complaint was made, who made it, what was alleged and the actions, if any, Defendant Bogan/Hake took to resolve the matter, and shall at its expense make such records available for inspection and copying by the EEOC. 17. Defendant Bogan/Hake shall make all documents or records referred to in Paragraph 16 available for inspection and copying within 10 business days after the EEOC so requests. In addition, Defendant Bogan/Hake shall make available for interview all persons in its employ whom
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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 10 of 16
the EEOC reasonably requests for purposes of verifying compliance with this Decree and shall permit a representative of the EEOC to enter Defendant Bogan/Hake's premises for such purposes on five business days' advance notice by the EEOC.
18. Nothing in this Decree shall be construed to limit any obligation Defendant Bogan/Hake otherwise may have to maintain records under Title VII or any other law or regulation. After expiration of this Consent Decree, records will be maintained by Defendant Bogan/Hake as required by law and Commission regulations.
REPORTING 19. Defendant Bogan/Hake shall furnish to the EEOC the following written reports semiannually for a period of four-years following entry of this Decree with the first report due six months after entry of the Decree and the final report due 48 months after entry of the Decree. Each such report shall contain: (a) a summary of the information recorded by Defendant Bogan/Hake pursuant to Paragraph 16, if any such complaints were filed, and to include the name of the complainant, the allegation of the complaint and any action taken by Defendant Bogan/Hake in response; (b) a certification by Defendant Bogan/Hake that the Notice required to be posted by Paragraph 8 was posted during the six months preceding the report; (c) a certification by Defendant Bogan!Hake that it has or will distribute the policy or policies against discrimination, harassment and retaliation annually to employees, and that Defendant Bogan/Hake has disseminated the policy or policies against discrimination, harassment and retaliation to all new employees hired within the six-month period preceding the report;
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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 11 of 16
(d) a certification that Defendant Bogan/Hake has complied with training requirements of this Consent Decree;
(e) a summary of any additional actions Defendant Bogan/Hake took to prevent discrimination, harassment and retaliation during the six-month period preceding the report.
DISPUTE RESOLUTION 20. In the event that either party to this Consent Decree believes that the other party has failed to comply with any provision of the Consent Decree, the complaining party shall notify the other party of the alleged non-compliance within ten (10) days of the alleged non-compliance, and shall afford the alleged non-complying party ten (1 0) business days to remedy the alleged noncompliance or satisfy the complaining party that the alleged non-complying party has complied. If the alleged non-complaining party has not remedied the alleged non-compliance or satisfied the complaining party that it has complied within ten (1 0) business days, the complaining party may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 21. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 22. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Defendant Bogan/Hake in their capacities as representatives, agents, directors and officers of Defendant Bogan/Hake and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of this Decree. 23. This Consent Decree shall be filed in the United States District Court for the Eastern District of Pennsylvania and shall continue in effect for four (4) years. During this time, this Court
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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 12 of 16 shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate this Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under this Decree remain unresolved after this four-year period, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as all disputes have been resolved.
24. The Clerk ofthe District Court is hereby directed to send a file-stamped copy of this Consent Decree to counsel of record.
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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 13 of 16
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington DC 20507

a gional Attorney
QUAL EMPLOYMENT OPPORTUNITY COMMISSION

Sara A. Begley Wayne C. Stansfield REED SMITH LLP 2500 One Liberty Place 1650 Market Street Philadelphia, PA 19103 Counsel for Defendant Bogan/Hake

Terrence R. Cook Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Philadelphia District Office 801 Market Street, Suite 1300 Philadelphia, PA 19107 (215) 440-2688 Counsel for PlaintiffEEOC
Dated:

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SO ORDERED:

Date:

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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 15 of 16

Exhibit 1
Claimant Keith Riddick Jeffrey Campbell

Allocation of Monetary Damages
Amount $300,000.00 $150,000.00

TOTAL

$450,000.00

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Case 2:05-cv-03389-TMG Document 210 Filed 05/08/08 Page 16 of 16

Exhibit 2
NOTICE TO ALL BOGAN/HAKE EMPLOYEES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the Eastern District of Pennsylvania in EEOC v. Conectiv, et al, Civil Action Number 05-3389, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Defendant Bogan/Hake.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et ~' as amended ("Title VII"), prohibits discrimination against employees and applicants for employment based upon race, national origin, sex, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves of the rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged that Defendant Bogan/Hake subjected African-American employees to a hostile work environment based on race in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Defendant Bogan/Hake denies these allegations.
This case has been resolved. Defendant Bogan/Hake will not retaliate against any person because he or she 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 Settlement Agreement. Defendant Bogan/Hake will train its employees regarding racial harassment and Defendant Bogan/Hake's policy prohibiting racial harassment. Defendant Bogan/Hake will pay monetary relief to the aggrieved individuals. Defendant Bogan/Hake will not discriminate on the basis of race, national origin, sex, color or religion or any protected category.
If you believe you have been discriminated against, you may contact the EEOC at (215) 440-2600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for four (4) 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 the: Re ional Attorney, EEOC Philadelphia District Office, 801 Market Street, Suite 1300,
"!adelphia, PA I I 07.

DATED: -..>...LbKJi+r:Jf-f-1_{)-=--~___

Defendant Bogan/Hake DATED: _____________________

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 Case 2:05-cv-03389-TMG Document 211 Filed 05/08/08 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

\
;LI I

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION, et al.,

)

)

Plaintiffs,

)

)

v.

)

)

CONECTIV, et al.,

)

)

De~ndanh.

)

C.A. NO. 2:05-cv-03389-TMG

CONSENT DECREE
l\/1!(_~, - i_ ' ' ' ' ' \
A. This action was brought by the United States Equal Employmerftepportunity C:sr:~
Commission ("the EEOC") on July 1, 2005, against Conectiv 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 race (Black) at a construction site and to provide appropriate reliefto Keith Riddick, James Slater, Roy Grimes ("Charging Parties"), each of whom filed charges of discrimination with the EEOC (collectively, the "Charges"), and a class of similarly situated Black employees who were adversely affected by such practices (the "Lawsuit").
The EEOC alleged Conectiv allowed Charging Parties and the class members to be subjected to egregious racial harassment in the form of racist graffiti on the walls and surfaces of portable toilets on the construction site, display of a hangman's noose, racial slurs and racially derogatory comments from both managers and co-workers of prime contractors to Conectiv and their subcontractors ("contractors"). The EEOC further alleges that although the Charging Parties and class members complained about the racial harassment, Conectiv failed to take

\I\DC- 004170/000129-2689226 vi

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denied all allegations of a racially hostile work environment and racial harassment, including all allegations that it was aware of, but failed to take remedial measures to correct, racial harassment.

B. This Consent Decree is entered into by and shall be final and binding between the EEOC and Defendant Conectiv ("Conectiv"), their directors, officers, agents, successors and assigns.

C. The EEOC and Conectiv agree to entry ofthe Consent Decree, which shall fully

and finally resolve all claims the EEOC raised in its complaint in the Lawsuit. The Consent

Decree shall not constitute either an adjudication of or finding on the merits of the complaint and

shall not be construed as an admission by Conectiv of any violation of Title VII.

FINDINGS

D. Having carefully examined the terms and provisions of this Consent Decree, and

based on the pleadings, record and stipulations of the parties, the Court finds: (1) it has

jurisdiction over the parties and subject matter jurisdiction of this action; and (2) the terms of the

Consent Decree are fair, reasonable, equitable and just, and adequately protect the rights of the

parties, class members and the public interest.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

NON-DISCRIMINATION AND NON-RETALIATION

1.

This Court has jurisdiction over the parties and subject matter of this action.

2.

Conectiv shall not engage in any employment practice which operates to harass

contractor employees based on race in violation of Title VII.

3.

Conectiv shall not engage in any employment practices which retaliate in any

manner against any person, including but not limited to Keith Riddick, James Slater,

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Roy Grimes, Jeffrey Campbell or any individual identified or named during the Lawsuit and/or during the EEOC's investigation into the Charges as a claimant, potential claimant, or witness, because of that person's opposition to any practice made an unlawful employment practice under Title VII or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title VII.
4. Nothing in the Consent Decree, either by inclusion or exclusion, shall be construed to limit the obligations of Conectiv under Title VII or the EEOC's authority to process or litigate any charge of discrimination now pending, if any, or filed in the future against Conectiv, if any (except for the Charges and the claims alleged in the Lawsuit).
DURATION OF THE DECREE 5. The Consent Decree shall be in effect for a period of four (4) years from the date it is entered by the Court.
MONETARY RELIEF 6. Conectiv agrees to pay monetary relief in the total amount of seven hundred and fifty thousand dollars ($750,000.00), to Keith Riddick, James Slater, Roy Grimes and Jeffrey Campbell in full settlement of the claims raised against Conectiv in the Lawsuit. The monetary relief will be paid in the following manner: within ten (10) business days after receipt of executed Releases executed by Keith Riddick, James Slater, Roy Grimes and Jeffrey Campbell and the Court's entry of the Consent Decree, whichever date is later, Conectiv will pay Keith Riddick, James Slater, Roy Grimes and Jeffrey Campbell a total of seven hundred and fifty thousand dollars ($750,000.00); the payment will be allocated as provided in Exhibit 1. If Conectiv does not make payment in the manner set forth in this Paragraph, the Court will enter a
\\\DC- 004170/000129- 2689226 vi
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judgment for the entire amount remaining due, plus attorney's fees, costs, and interest paid at the legal rate, compounded daily.
The check(s) will be mailed to Keith Riddick, James Slater, Roy Grimes and Jeffrey Campbell c/o Joanne Rathgeber, Esq., Hill Wallack, LLP, 111 East Court Street, Doylestown, PA 18901. If there are any changes in address, the EEOC will provide notice by certified mail to counsel for Conectiv. Within five (5) business days of mailing checks to Keith Riddick, James Slater, Roy Grimes and Jeffrey Campbell c/o Joanne Rathgeber, Esq., Conectiv will mail a copy of each check to the attention of Terrence R. Cook, Supervisory Trial Attorney, EEOC, 21 South Fifth Street, Suite 400, Philadelphia, PA 19106-2515. In order to receive this monetary relief, Keith Riddick, James Slater, Roy Grimes and Jeffrey Campbell must each execute a release satisfactory in form to Conectiv and to Keith Riddick, James Slater, Roy Grimes and Jeffrey Campbell.
NOTICE POSTING 7. Within twenty (20) business days after entry of the Consent Decree, Conectiv shall post at the Engineering and Construction Department located at the Engineering and Technology Center in Newark, Delaware and at all Conectiv Construction Sites (the development of any site with electric generating equipment with a total capacity equal to or greater than 125 megawatts) on all bulletin boards used by Conectiv for communicating with employees, same-sized copies of the Notice attached as Exhibit 2 to the Consent Decree. The Notice shall remain posted at the Engineering and Technology Center for the duration of the Consent Decree; the Notice shall remain posted at a Conectiv Construction Site until the earlier of: (a) the date on which the Conectiv employees monitoring the construction at the Conectiv Construction Site depart the Site, and (b) the duration ofthe Consent Decree. Within forty (40)
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days after entry of the Consent Decree, Conectiv shall provide to the attention of Terrence R.

Cook, Supervisory Trial Attorney, EEOC, 21 South Fifth Street Suite 400, Philadelphia,

PA 19106-2515, confirmation that the Notice was posted at the Engineering and Construction

Department and a list of any Conectiv Construction Site where the Notice was posted.

Thereafter, Conectiv shall provide periodic reports to the EEOC on the postings of the Notice as

set forth in Paragraphs 18(b) and 18(c) of the Consent Decree. If a posting becomes defaced,

removed, marred or otherwise illegible, Conectiv agrees to post a readable copy in the same

manner as heretofore specified.

NON-DISCRIMINATION AND ANTI-HARASSMENT POLICIES AND COMPLAINT PROCEDURES

8. Conectiv shall adopt a written policy, drafted in plain and simple language,

prohibiting racial and other unlawful harassment and unlawful retaliation against employees of

contractors working on Conectiv Construction Sites (the "Policy"). Conectiv shall ensure that at

a minimum the Policy includes the following:

(a) states that Conectiv: (i) prohibits any act, policy or practice that has the

effect of harassing or intimidating any contractor employee on the basis of

race, sex, national origin, religion or color in violation of Title VII; (ii)

prohibits any act, policy or practice that has the effect of creating,

facilitating or permitting the existence of a work environment that is

hostile to contractor employees through acts such as physical/verbal abuse

and derogatory comments based on race, sex, national origin, religion or

color in violation of Title VII; and (iii) prohibits retaliation against

contractor employees for opposing employment practices they reasonably

II\DC- 004170/000129-2689226 vi

believe constitute harassment or for participating in an investigation by the 5

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EEOC or a state or local governmental agency of a charge of harassment under Title VII. (b) includes a complaint procedure designed to encourage contractor employees to come forward with complaints regarding violations of the Policy, which at a minimum includes the following: (i) provides effective mechanism(s) for reporting incidents of harassment and/or retaliation to either the employer of the contractor employee or Conectiv; (ii) provides that the complaints of harassment and/or retaliation can be made either in writing or verbally; (iii) identifies Conectiv employees to whom a contractor employee can make a complaint; (iv) encourages prompt reporting by contractor employees; and (v) provides assurances that complainants shall not be subjected to retaliation; (c) provides for prompt investigation of complaints of harassment and/or retaliation by contractors and the reporting of the results of such investigation to Conectiv; (d) provides for prompt communication by contractors to the complaining party and to Conectiv of the results of the investigation and any remedial actions taken or proposed; and (e) provides for discipline up to and including discharge of any Conectiv employee who violates the Policy, and for actions within its control by Conectiv against contractor employees who violate the Policy, including barring any persons violating the Policy from a Conectiv Construction Site.
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Conectiv shall distribute a copy of the Policy to any Conectiv employee assigned to work on a Conectiv Construction Site, and to all contractors working on a Conectiv Construction Site. Acknowledgment of receipt forms will be made available for both employees and contractors. Conectiv will retain copies of any acknowledgment of receipt form for a Conectiv employee in the employee's personnel file.

9.

Within ninety (90) days after entry of this Consent Decree, Conectiv shall advise

Terrence R. Cook, Supervisory Trial Attorney, EEOC's Philadelphia District Office, that the

Policy has been adopted and that all Conectiv employees and contractors on Conectiv

Construction Sites will receive these policies and have an opportunity to acknowledge receipt.

10. Conectiv shall once annually for the duration ofthe Consent Decree send a copy

of the Policy to all Conectiv supervisory and/or management employees assigned to work on a

Conectiv Construction Site (i.e., the Project Manager, Construction Manager, and Project

Engineers) ("supervisory and/or management employees") and to all contractors working on

Conectiv Construction Sites. The actions required of Conectiv with respect to contractors under

this Paragraph and Paragraph 8 may be carried out either directly with each contractor or, in the

case of a subcontractor, through the prime contractor of the subcontractor.

SUPERVISOR ACCOUNTABILITY

11. Conectiv shall promote accountability among its supervisory and/or management employees by the following conduct:

(a) providing anti-discrimination training to all of its supervisory and/or

management employees, as set forth in Paragraph 12.

(b) disciplining, up to and including discharge, any supervisory and/or

management employee who violates the Policy;

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(c) imposing on all supervisory and/or management employees a duty to administer their work areas on Conectiv Construction Sites to ensure compliance with the Policy; and
(d) requiring all supervisory and/or management employees to report any violation of, or complaint of violation of, the Policy to Barbara Alexander, Assistant General Counsel, or her successor. TRAINING
12. Conectiv shall provide training on the requirements of Title VII as follows: (a) Conectiv agrees to conduct a training session for any supervisory and/or management employees who is assigned to work at any Conectiv Construction Site , provided that the employee has not received such training during the prior twelve (12) months. Such additional training sessions shall occur at or around the time of the commencement of the construction at the Conectiv Construction Site. (b) The training shall be on rights and obligations under both Title VII and applicable state or local anti-harassment laws and will emphasize what constitutes unlawful harassment and discrimination (including racial harassment) in the workplace, what constitutes unlawful retaliation, the Policy, and the complaint procedure for employees of contractors working on a Conectiv Construction Site to bring complaints for violations of the Policy. As part of the training, Conectiv will reiterate its commitment to preventing unlawful harassment (including racial harassment) at Conectiv Construction Sites.
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(c) Conectiv shall obtain the EEOC's approval of its proposed trainer prior to the first year's training session. The approval of the trainer will be effective for subsequent training sessions for the duration of the Consent Decree unless the EEOC determines that the prior training did not comport with the terms ofthe Consent Decree. Within ten (10) business days of notification by Conectiv of the trainer's name and outline of the training session, EEOC will advise Conectiv whether or not the trainer is approved. If the EEOC denies approval of the trainer within the ten (10) business day period, the EEOC is required to provide Conectiv with a detailed explanation for the rejection. If the EEOC fails to respond within the ten (1 0) business day period, Conectiv can proceed with the trainer that it selected.
13. Conectiv agrees at its expense to provide the EEOC with copies of all pamphlets, brochures, outlines or other written materials provided to attendees of training sessions.
14. Conectiv shall certify to the EEOC in writing within ten (1 0) business days after the training sessions required by Paragraphs 12 (a) have occurred that the training has taken place and the personnel who attended. Such certification shall include: (i) the dates, location and duration of the training session; (ii) a copy of the registry of attendance, including the name and position of each person in attendance; and (iii) a listing of all supervisory and/or management employees assigned to work at a Conectiv Construction Site as ofthe date ofthe training.
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RECORD KEEPING 15. For the duration of the Consent Decree, Conectiv shall document and retain records of each complaint of an incident of harassment on a Conectiv Construction Site based on race, and/or retaliation for filing a complaint of racial harassment on a Conectiv Construction Site, put forth by any contractor employee, reflecting the date the complaint was made, who made it, what was alleged and the actions, if any, Conectiv took to resolve the matter, and shall at its expense make such records available for inspection and copying by the EEOC. 16. Conectiv shall make all documents or records referred to in Paragraph 15 available for inspection and copying within ten (10) business days after the EEOC so requests in writing to Barbara Alexander, Assistant General Counsel, or her successor. In addition, Conectiv shall make available for interview all persons in its employ whom the EEOC reasonably requests for purposes of verifying compliance with the Consent Decree and shall permit a representative ofthe EEOC to enter Conectiv's premises for such purposes on ten (10) business days' advance notice by the EEOC. 17. Nothing in the Consent Decree shall be construed to limit any obligation Conectiv otherwise may have to maintain records under Title VII or any other law or regulation. After expiration of the Consent Decree, records will be maintained by Conectiv as required by law and EEOC regulations.
REPORTING 18. Conectiv shall furnish to the EEOC written reports once annually on the anniversary date of the entry of the Consent Decree for the duration of the Consent Decree. Each such report shall contain:
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(a) a summary of the information recorded by Conectiv pursuant to Paragraph 15, if any such complaints were filed, and to include the name of the complainant, the allegation of the complaint and any action taken by Conectiv in response;
(b) a certification by Conectiv that the Notice required to be posted by Paragraph 7 was posted at the Engineering and Construction Department during the twelve (12) months preceding the report;
(c) the location and date of posting of each Notice posted at a Conectiv Construction Site, as provided in Paragraph 7 above, during the twelve (12) months preceding the report;
(d) a certification by Conectiv that it has or will distribute the Policy to Conectiv supervisory and/or management employees assigned to work on Conectiv Construction Sites and contractors working on those Sites;
(e) a certification that Conectiv has complied with training requirements of this Consent Decree; and
(f) a summary of any additional actions Conectiv took to prevent harassment and/or retaliation on Conectiv Construction Sites during the twelve (12) month period preceding the report. DISPUTE RESOLUTION
19. In the event that either Conectiv or the EEOC believes that the other has failed to comply with any provision(s) of the Consent Decree, the complainant shall notify the other of the alleged non-compliance within ten (1 0) days of the alleged non-compliance and shall afford the alleged non-complying entity ten (1 0) business days to remedy the non-compliance or to satisfy
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the complainant that the alleged non-complying entity has complied. If the alleged noncomplying entity has not remedied the alleged non-compliance or satisfied the complainant that it has complied within ten (1 0) business days, the complainant may apply to the Court for appropriate relief.
MISCELLANEOUS PROVISIONS 20. Each party to the Consent Decree shall bear its own expenses, costs and attorney's fees. 21. The terms of the Consent Decree are and shall be binding upon the present and future representatives, agents, directors, officers, successors and assigns of Conectiv in their capacities as representatives, agents, directors and officers of Conectiv and not in their individual capacities. This paragraph shall not be construed as placing any limit on remedies available to the Court in the event any individual is found in contempt for a violation of the Consent Decree. 22. The terms of the Consent Decree shall be filed in the United States District Court for the Eastern District of Pennsylvania and shall continue in effect for the duration of the Consent Decree. During this time, the Court shall retain jurisdiction over this matter and the parties for purposes of enforcing compliance with the Consent Decree, including issuing such orders as may be required to effectuate its purposes. Any application by any party to modify or vacate the Consent Decree during such period shall be made by motion to the Court on no less than 30 days' notice to the other party. Should any material disputes under the Consent Decree remain unresolved after the duration of the Consent Decree, the term of the Consent Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Consent Decree) until such time as the Court determines all disputes have been resolved.
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SO ORDERED: By the Court:

tf!!acy Date:

7 dc.-ao

;)

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Case 2:05-cv-03389-TMG Document 211 Filed 05/08/08 Page 14 of 16

Exhibit 1
Jeffrey Campbell Roy Grimes Keith Riddick James Slater

ALLOCATION OF SETTLEMENT
$166,666.66 $166,666.67 $166,666.67 $250,000.00

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Case 2:05-cv-03389-TMG Document 211 Filed 05/08/08 Page 15 of 16
23. The Clerk of the District Court is hereby directed to send a file-stamped copy of
the Consent Decree to counsel of record.
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, NW Washington DC 20507
I'
J qu ne H. McNair egio al Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Terrence R. Cook Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION Philadelphia District Office 801 Market Street Suite 1300 Philadelphia, PA 191 07 (215) 440-2688 Counsel for PlaintiffEEOC
Dated: S/s/tJb
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~OTICE TO CONECTIV EMPLOYEES AND EMPLOYEES OF CONTRACTORS WORKING ON CONECTIV CONSTRUCTION SITES
This Notice is posted pursuant to a Consent Decree entered by the federal court for the Eastern District of Pennsylvania in EEOC v. Conectiv, et al, Civil Action Number 05-3389, resolving a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC') against Conectiv and several other companies.
Title VII ofthe Civil Rights Act of 1964, 42 U.S.C. § 2000e ~seq., as amended ("Title VII"), prohibits discrimination against employees and applicants for employment based upon race, national origin, sex, color or religion. Title VII further prohibits retaliation against employees or applicants who avail themselves of the rights under Title VII by engaging in protected activities, such as filing a charge of discrimination and/or testifying or participating in a Commission investigation. The EEOC is the federal agency which investigates charges of unlawful employment discrimination. The EEOC has the authority to bring lawsuits in federal court to enforce Title VII.
In its lawsuit, the EEOC alleged, and Conectiv denied, that Black individuals employed by construction contractors on a Conectiv construction site were subject to harassment because of their race and Conectiv failed to prevent such harassment. The alleged harassment included, but was not limited to, racist graffiti in portable toilets on the construction site and derogatory comments from some contractors' managers and co-workers, in violation of Title VII.
To resolve the case, Conectiv and the EEOC have entered into a Consent Decree which provided, among other things, that: (I) Conectiv pay monetary relief to the aggrieved individuals~ (2) Conectiv shall not engage in any practice which operates to harass based on race employees of contractors working on the development of any site with electric generating equipment with a total capacity equal to or above 125megawatts (" Conectiv Construction Site")~ (3) Conectiv shall not retaliate against any person because he or she opposed any practice at a Conectiv Construction Site 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) Conectiv will train all managers and supervisors assigned to work at Conectiv Construction Sites regarding harassment of, and retaliation against, contractor employees, and regarding its policy prohibiting such harassment or retaliation.
If you believe you have been discriminated against, you may contact the EEOC at (215) 440-2600. The EEOC charges no fees and has employees who speak languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for a period of four (4) 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 the: Regional Attorney, EEOC Philadelphia District Office, 21 South 5th Street, Philadelphia, PA 19106.

_.£f/ot

DATED

DATED

 
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A/R, CLOSED, MEMBERCASE, STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:05-cv-03410-GP

GRIMES v. CONECTIV et al Assigned to: HONORABLE GENE E.K. PRATTER Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/01/2005 Date Terminated: 10/13/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff ROY LEE GRIMES

represented by JOANNE RATHGEBER HILL WALLACK 111 EAST COURT STREET DOYLESTOWN, PA 18901 215-340-0400 Fax: 215-340-9605 Email: mmv@hillwallack.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff JAMES SLATER

represented by JOANNE RATHGEBER (See above for address) ATTORNEY TO BE NOTICED

V. Defendant CONECTIV
Defendant A.C. DELLOVADE, INC.

represented by DAVID NEWMANN HOGAN & HARTSON L.L.P. 1835 MARKET STREET 28TH FLOOR PHILADELPHIA, PA 19103 267-675-4610 Fax: 267-675-4601 Email: dnewmann@hhlaw.com ATTORNEY TO BE NOTICED
represented by ABIGAIL D. FLYNN-KOZARA REED SMITH LLP 435 SIXTH AVE PITTSBURGH, PA 15219 LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
JOSEPH P. MILCOFF REED SMITH LLP 435 SIXTH AVE PITTSBURGH, PA 15230-2009 412-288-4108 Email: jmilcoff@reedsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
ROBERT B. COTTINGTON REED, SMITH, SHAW AND MC CLAY 435 SIXTH AVENUE PITTSBURGH, PA 15219 LEAD ATTORNEY ATTORNEY TO BE NOTICED
KIMBERLY M. KAPLAN REED SMITH L.L.P. 2500 ONE LIBERTY PLACE PHILADELPHIA, PA 19103 215-241-7965 Email: kkaplan@reedsmith.com ATTORNEY TO BE NOTICED

Date Filed 07/01/2005 07/01/2005 07/01/2005 07/13/2005 07/18/2005
07/22/2005

#

Docket Text

1 COMPLAINT against CONECTIV, A.C. DELLOVADE, INC. ( Filing fee $ 250 receipt number 918741.), filed by ROY LEE GRIMES.(wgc, ) (Entered: 07/06/2005)
DEMAND for Trial by Jury by ROY LEE GRIMES. (wgc, ) (Entered: 07/06/2005)
2 REQUEST FOR WAIVER of Service sent to Conectiv and A.C. Dellovade, Inc., on 7/1/05 by Joanne Rathgeber. Waiver of Service due by 8/1/2005. (wgc, ) Modified on 7/7/2005 (sb, ). (Entered: 07/06/2005)
3 INTERVENOR-PLAINTIFF JAMES SLATER'S MOTION TO INTERVENE AS A MATTER OF RIGHT AND TO CONSOLIDATE ACTIONS, CERTIFICATE OF SERVICE.(fdc) (Entered: 07/13/2005)
4 ORDER THAT THIS CASE ASSIGNED TO CHIEF MAGISTRATE JUDGE M. FAITH ANGELL FOR PRETRIAL MANAGEMENT PURPOSES, ETC. SIGNED BY JUDGE LOUIS H. POLLAK ON 7/18/2005. 7/19/2005 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) (Entered: 07/19/2005)
5 ORDER THAT A PRELIMINARY PRETRIAL CONFERENCE IS SET FOR 9/21/2005 AT 10:20 AM BEFORE MAGISTRATE JUDGE M. FAITH

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07/28/2005 08/09/2005 08/10/2005 08/18/2005 09/01/2005
09/02/2005 09/07/2005 09/07/2005
09/09/2005 09/16/2005
09/19/2005 09/19/2005 09/22/2005

ANGELL. SIGNED BY JUDGE M. FAITH ANGELL ON 7/20/05. 7/22/05 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS.(fdc) (Entered: 07/22/2005)
6 WAIVER OF SERVICE Returned Executed by ROY LEE GRIMES. A.C. DELLOVADE, INC. waiver sent on 7/11/2005, answer due 9/9/2005. (fdc, ) (Entered: 07/28/2005)
7 NOTICE of Appearance by DAVID NEWMANN on behalf of CONECTIV with Certificate of Service (NEWMANN, DAVID) (Entered: 08/09/2005)
8 DEFENDANT CONECTIV'S Notice of Related Cases, Certificate of Service. (NEWMANN, DAVID) Modified on 8/12/2005 (fh, ). (Entered: 08/10/2005)
9 NOTICE of Appearance by KIMBERLY M. KAPLAN on behalf of A.C. DELLOVADE, INC., A.C. DELLOVADE, INC. with Certificate of Service (KAPLAN, KIMBERLY) (Entered: 08/18/2005)
10 DEFENDANT, A.C. DELLOVADE, INC.'S MOTION FOR THE PRO HAC VICE ADMISSION OF ROBERT C. COTTINGTON, ESQ., CERTIFICATION, DECLARATION.(fdc) Additional attachment(s) added on 9/1/2005 (fdc). (Entered: 09/01/2005)
11 WAIVER OF SERVICE Returned Executed by ROY LEE GRIMES. CONECTIV waiver sent on 7/20/2005, answer due 9/19/2005. (jl, ) (Entered: 09/06/2005)
Pro Hac Vice Filing Fee (Robert B. Cottington, Joseph P. Milco, Abigail D. Flynn-Kozara): $ 120.00, receipt number 920608. (fdc) (Entered: 09/07/2005)
12 ORDER THAT THE MOTION OF KIMBERLY M. KAPLAN, ESQ. FOR THE PRO HAC VICE ADMISSION OF ROBERT B. COTTINGTON, ESQ. ON BEHALF OF DEFENDANT, A.C. DELLOVADE, INC. IS GRANTED. SIGNED BY JUDGE LOUIS H. POLLAK ON 9/6/05. 9/7/05 ENTERED AND COPIES MAILED. (fdc) (Entered: 09/07/2005)
13 ANSWER to Complaint by A.C. DELLOVADE, INC., Certificate of Service. (KAPLAN, KIMBERLY) Modified on 9/12/2005 (np). (Entered: 09/09/2005)
14 ORDER THAT THIS CASE IS REASSIGNED FROM JUDGE LOUIS H. POLLAK TO JUDGE GENE E.K. PRATTER FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ ON 9/15/05. 9/16/05 ENTERED AND COPIES MAILED.(fdc) Additional attachment(s) added on 9/20/2005 (rs, ). (Entered: 09/16/2005)
15 ANSWER to Complaint by CONECTIV, Certificate of Service. (NEWMANN, DAVID) Modified on 9/21/2005 (np). (Entered: 09/19/2005)
16 Statement of Disclosure by CONECTIV, Certificate of Service. (NEWMANN, DAVID) Modified on 9/21/2005 (np). (Entered: 09/19/2005)
17 ORDER THAT ON OR BEFORE 10/6/2005 ALL PARTIES SAHLL FILE WITH THE COURT THEIR RESPECTIVE POSITIONS ON THE ISSUE OF CONSOLIDATION OF THE CASES. SIGNED BY JUDGE GENE E.K. PRATTER ON 9/22/2005. 9/23/2005 ENTERED AND COPIES MAILED AND

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10/05/2005 10/05/2005 10/06/2005 10/13/2005
10/13/2005 10/14/2005
11/13/2006

FAXED.(mbh, ) Additional attachment(s) added on 9/26/2005 (mbh, ). (Entered: 09/23/2005)
18 Corporate Disclosure Statement with Certificate of Service by A.C. DELLOVADE, INC..(KAPLAN, KIMBERLY) Modified on 10/6/2005 (fh, ). (Entered: 10/05/2005)
19 Statement Regarding Consolidation by CONECTIV, Certificate of Service. (NEWMANN, DAVID) Modified on 10/6/2005 (fh, ). (Entered: 10/05/2005)
20 Statement Regarding Consolidation by A.C. DELLOVADE, INC., Certificate of Service. (KAPLAN, KIMBERLY) Modified on 10/7/2005 (np). (Entered: 10/06/2005)
21 ORDER THAT PURSUANT TO FRCP 42(a), CIVIL ACTION NOS. 05-3389, 05-3408, 05-3409 AND 05-3410 ARE CONSOLIDATED FOR ALL PURPOSES; THE CLERK OF COURT SHALL TRANSFER ALL PAPERS IN CIVIL ACTION NOS. 05-3408, 05-3409 AND 05-3410 TO THE FILE FOLDER OF CIVIL ACTION NO. 05-3389; ATTORNEYS FOR ALL PARTIES ARE DIRECTED TO FILE ALL PAPERS IN CIVIL ACTION NO. 05-3389; FOLLOWING THE CLOSE OF DISCOVERY, THE COURT WILL RE-EVALUATE WHETHER CONSOLIDATION REMAINS IN THE BEST INTEREST OF ALL PARTIES; AND THE CLERK OF COURT SHALL CLOSE CIVIL ACTION NOS. 05-3408, 05-3409, 05-3410 STATISTICALLY. SIGNED BY JUDGE GENE E.K. PRATTER ON 10/11/05. 10/13/05 ENTERED AND COPIES MAILED AND E-MAILED.(fdc) (Entered: 10/13/2005)
All pleadings transferred to civil action number 05-cv-3389 pursuant to Judge Pratter's Order of 10/13/05. (fdc) (Entered: 10/13/2005)
22 ORDER THAT THE ABOVE-CAPTIONED ACTION HAVING BEEN REASSIGNED FROM THE CALENDAR OF THE HONORABLE LOUIS H. POLLAK TO THAT OF THE HONORABLE GENE E.L. PRATTER FOR ALL FURTHER PROCEEDINGS, THE CLERK IS DIRECTED TO REMOVE THIS CASE FROM MY DOCKET.SIGNED BY JUDGE M. FAITH ANGELL ON 10/13/05. 10/14/05 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(fdc) (Entered: 10/14/2005)
23 APPENDIX OF EXHIBITS OF RECORD MATERIALS IN SUPPORT OF DEFENDANT A.C. DELLOVADE, INC.'S MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE (Attachments: # 1 exha-1# 2 exa-2# 3 ex.a 1(part 2)# 4 ex.a2 part2# 5 ex.a2 part3# 6 ex.a2 part4# 7 ex.a2 part 5# 8 ex.a2 part 6# 9 ex.b1 part 1# 10 ex.b1 part 1 and b2 and b3# 11 ex.c-f# 12 ex.i part2# 13 exs. g & h, & i part1# 14 exs. j-l# 15 exs. m-p) (#105 in 05-3389).(fdc) (Entered: 11/14/2006)

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