Case 1:06-cv-22452-ASG Document 1 Entered on FLSD Docket 09/29/2006 Page 1 of 6

IN TIIE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OIF FLOW A ;

MIAMI DIVISIO N

4

(JNITFD STATES EQUAL EMPLOYMENT ) S ^CJF OPPORTUNITY COMMISSION .
CIVIL ACTION NO .
Plaintiff, )

y. BJ'S WHOLESALE CLUB, INC ..

> C1V 0 .I
COMPLAINT )
JURY TRIAL DEMANDED

Defendant .

)

INJUNCTIVE RELIEF SOUGHT

NATURE OF THE ACTIO N

ILWOTRATE JVDES PU OFF

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

Rights Act of 1991 to correct unlawful employment practices on the basis of national origin and race,

and to provide appropriate relief to Jesus Santos (" Mr . Santos" ) and other similarly situated

individuals who were adversely affected by such practices . As stated with greater particularity in

paragraphs below , the Commission alleges that Mr . Santos and other similarly situated individuals

were regularly subjected to harassment on the basis of national origin and race which included, but

was not limited to offensive racial and national origin based derogatory comments, slurs and epithets

which created an unlawful hostile work environment . JURISDICTION AND VENU E

1 . Jurisdiction ofthis Court is invoked pursuant to 28 U .S .C . § 451, 1331, 1 337 ,

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. . 5 2000e-5 ( f)(1) and (3 ) ("Title

VIP), and Section 102 of the Civil Rights Act of 1991, 42 U .S .C. § 1981 A .

Case 1:06-cv-22452-ASG Document 1 Entered on FLSD Docket 09/29/2006 Page 2 of 6
2 . The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Florida, Miami Division .
PARTIE S 3 . Plaintiff, the Equal Employment Opportunity Commission (tile "Commission"), is the agency of the United States of America charged with the administration , interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(0(1) and (3) of 'Title VII, 42 U .S .C . § 2000e-5(t)(1) and (3) . 4. At all relevant times, Defendant , BJ's Wholesale Club, Inc . (the "Employer") has continuously been a foreign corporation doing business in the State of Florida and the City of Homestead , and has continuously had at least 15 employees . 5 . At all relevant times, Defendant Employer has continuously been an employer engaged in an indust ry affecting commerce within the meaning of Sections 701(b), (g ) and (h) of Title VII, 42 U .S .C . §*2000e (b), (g) and (h) .
STATEMENT OF CLAIM S 6 . More than thirty days prior to the institution of this lawsuit , Mr. Santos filed a charge with the Commission alleging violations of Title VII by the Defendant Employer . All conditions precedent to the institution of this lawsuit have been fulfilled . 7. Since at least August of 2005, Defendant Employer has engaged in unlawful employment practices at its Homestead , Florida location in violation of Section 703(a) of Title V11, 42 t J .S .C . §2000e-2(a) . a. Defendant ' s Manager Hen ry Gallardo, Cuban , regularly subjected Mr . Santos to
unwelcome verbal harassment on the basis of Mr . Santos' national origin . Puerto

Case 1:06-cv-22452-ASG Document 1 Entered on FLSD Docket 09/29/2006 Page 3 of 6
Rican, which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment . b . The offensive conduct included, but was not limited to national origin based slurs, epithets and derogatory comments, such as : "you are a dumb ass because you are Puerto Rican", "stupid Puerto Rican" ; you all have nigger blood" : and "you can't think right because you are Puerto Rican" . c . Mr . Santos complained to Defendant's management regarding the unlawful harassment . Defendant's management failed to take measures to prevent and promptly correct further harassment from taking place on its premises . d. Defendant's Manager Henry Gallardo, Cuban, regularly subjected other similarly situated individuals William Floyd, Ternell Miller, and Lonnie Brady to unwelcome verbal harassment on the basis of their race, Black, which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment . e . The offensive conduct included, but was not limited to race based slurs, epithets and derogatory comments, such as : "Blacks are not smart enough to do the job" : "niggers came over on a boat " ; "Blacks and Puerto Ricans can't do what Cubans do--,-you niggers don't know what you are doing" ; "Black people are dumb" ; and "you can't learn because you are Black ." f. William Floyd and Lonnie Brady complained to Defendant's management regarding the unlawful harassment . Defendant's management failed to take measures to prevent and promptly correct further harassment from taking place on its premises . 8 . The effect of the conduct complained of in paragraph seven (7) above has been t o
3

Case 1:06-cv-22452-ASG Document 1 Entered on FLSD Docket 09/29/2006 Page 4 of 6
deprive Mr. Santos and other similarly situated individuals of equal employment opportunities an d otherwise adversely affect their status as employees because of their race or national origin .
9 . The unlawful employment practices complained of in paragraph seven (7) above were intentional .
10 . The unlawful employment practices complained of in paragraph seven (7) above were done with malice or with reckless indifference to the federally protected rights of Mr . Santos and other similarly situated individuals .
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court : A . Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with Defendant, from engaging in racial and national origin based harassment and any other employment practice which discriminates on the basis of race and national origin . B . Order Defendant Employer, to institute and carry out policies, practices, and program s which provide equal employment opportunities for employees regardless of race and national origin, and which eradicate the effects of its past unlawful employment practices. C. Order Defendant Employer to make whole Mr . Santos, Mr . Floyd, Mr . Miller, Mr . Brady and any other similarly situated individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph seven (7) above, including emotional pain, suffering, inconvenience . humiliation, and loss of enjoyment of life, in amounts to be determined at trial . D. Order Defendant Employer to pay Mr . Santos, Mr . Floyd, Mr . Miller, Mr . Brady and

Case 1:06-cv-22452-ASG Document 1 Entered on FLSD Docket 09/29/2006 Page 5 of 6
any other similarly situated individuals punitive damages for its malicious and reckless conduct
described in paragraph seven (7) above, in amounts to be determined at trial .
F . Grant such further relief as the Court deems necessary and proper in the public
interest .
F. Award the Commission its costs in this action .
JURY TRIAL DEMAN D
The Commission requests a jury trial on all questions of fact raised by its complaint .
Respectfully Submitted ,
RONALD S . COOPER General Counsel
JAMES L . LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counse l
DELNER FRANKLIN-THOMAS Regional Atto Pre,X
1-1
A L.OME Z PR . Bar . No . 1518 3 UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSIO N Miami District Offic e One Biscayne Tower, Suite 2700 Two Biscayne Boulevard Miami, Florida 3313 1 Phone : ( 305) 808-1783 Fax : (305) 808-183 5 E- mail : maritza .i;omerla)ecoc .<gov . A ttorney for Plaintiff
5

Q.JS 44C(Rae,se( 1'015):06-cv-22452-ASG DocCumIVeInLt 1COVEEnRteSreHdEoEnTFLSD Docket 09/29/2006 Page 6 of 6

The 1S 44 en it cos et sheet and the Information contained herein neither replace nor supplement the filing and sen ice ofpleadtnes or other ,!)apers as reyutred b) lass e\cept as pro%ided b\ local rules of court I his form appros ed bs the Judicial Conference of the United States in Senteniber 1974 . is reuuned for the use of the Clerk of Colin lir the purpose of Initiating
the ci' If docket sheet ISIIF: INSTRCCTIONS ON VHF RI VERSE OF T1 If . I ORM) NOTICE, : Att?fi$ s :sll'S'I' Indicate .UI Re-filed G ases Below,, .

1 . (a) PLAINTIFFS

DEFENDANTS

U .S . Equal Employment Opportunity Commissio n

BJ's Wholesale Club, Inc .

(b) ('0000 of Residence of First Listed Plaintiff' 11'.Xl'EI'I IN F'S PLAINTIFF (' :\SES i

Counts of Resldcnee of Flrst I toted Defendant

Miami-Dad e

(IN U S PI .AINI'IFF (ASES ONL) )

(C') ARM pis ti IF 11111 Name . \ddres,. :md I elephonc Number i
Maritza I . Goine z

\Oll IN LAND ('ONDEMNATION ('C .\S S, II 1)A FIUN OF fltl` ('RAt,'(

LAND IN VCI 7

1

EEOC, 2 S . Biscayne Blvd ., Suite 2700

lrnec s ( If Knossn i

Miany_fL 33"1 Tel : ( 3Q5),808-17 8

MA 6TRSTW JVWW

(d) Check County Where Action Arose vIb MIAMI- DADF

7 SIONROI :

.1 BROWARD

u PA I BILACI I D MARTI N

m
u ST L .U('IL u INDIAN RI\ IR

u OKFB('IIOBEE HIGIII .AND S

IL BASIS OF JURISDICTION ( Place an "N" in One Box Only )

I 1!S . Government Plaintif f

1 3 Federal Oucsno n i tI S (ins ci invent Not a 1'airy 1

I11 . CITIZENSHIP OF PRINCIPA L PARTIES(Place an "N " in One Bus lot Plaintiff

(For Its eisit) Cases Only)

and One pox tin Defendant )

PTE DEF PTF DEF

00ceu o(Thr.s State 7 1 u 1 Incurputated or Principal Place 7 4 u 4

of Business In This Stat e

7 2 I' S . (iosemment Dc l'end :uu

71 4 Disersit s (indicate( iluenshipof Patties in Item III )

('uizei of Another Slate u

IV . NATURE OF SUIT 4 Place an-\" In One Box Ou I

CONTRAC'T

T'ORTS

Citizen of Subject of a 7 Foreign ('ountrp
FORFEITUREJI'ENALTY

1 I10llnurance 71 1211 ..Mari ne 7 130 M il ler Act 1 140 Negotiable Instrument 1 150 Recovery ol'Ueetpayment
& Enforcement of Judgment u 151 Medicare Act u 152 Recovery of Defaulted
Student Loans (Excl . Veterans) 151 Recovery y ofOver payment of Veteran's Benefits 1 IsO Slockholdcis' Suits 1 190 Other ('untl act u 195 1 untiad Product Liability 7 1SFi , ranch ise
REAM . PROI'FR'fl 7 211) Land Condennmiuri
.1 220 Foieclosuue
7 11-30 Kent I ease & Elcznneul
1 240 forts to I and 1 245 I on Product L,abihn 1 290 A0 lithe, Read Property

1'EI(SON :U .INJ('RN

PERSONAL INJURY 7 610 Agncutture

1 1111 Auplane 1 3622 Personal Injury - 7 620 Other Food & Drug

r-1 315 Airplane Product 'sled Malpractice 1 625 Drug Related Seizure

Liability 71 365 Personal Injun -

of Property 21 CSC 881

7 320 Assault, Libel &

Product Liability 7 630 Liquor Laws

Slander 7 368 Asbestos Personal 7 640 R R & Truck

u 330 Federal Employers' Injury Product

7 650 Airline Regs

Liability Liability

O 660 Occupational

O 340 Marine PERSONAL PROPERTY

Safety/Health

fl 345 Marine Product

u 370 Other Fraud

u 690 Other

Liability O 371 Truth in Lending

LABOR

7 150 Motor Vehicle

u 380 Other Personal

O 710 Fair Labor Standards

u 155 Motor Vehicle Property Damage

Act

I'toduct Liability L1 385 Property Damage u 720 Laboi/Mgnit Relations

1 360 Other Personal Product I .iabilhy O 730 Labor Mgmi .Repoiting

Iniuty

& Disclosure Act

CIVIL RIGHTS

PRISONER PETITIONS 7 '40 Raitssay Labor Act

7 441 Voting O 442 Employment

1 510 Motions to Vacate 7 790 Other Labor Litigation

Sentence

u 791 1'upl Ket Inc

7 44 3 I lousing' Accommodations
71 444 Vi elliue 7 445 AiuLL, . is Disabdincs -

Habeas Corpus; '7 53 0 (icnelal
7 535 DcaUi Penalty 7 540 Mandamus & Otbel

Se tin iy Act

FinpluynLLn

1 550 Civil Rights

1446 Amer w :'Disabilities - 7 55S Prison ('lludilion

Other

(l 440 Other ('n d Right s

2 7 2 I ncorpotatcd on, Principal Place of Business In Another

3

L n u 3 Foreign Nation n - G ' r

O 57 5 u ~~7 6

BANRRUPTCI
7 42 2 \ppeal 28I .SC 156 1 423 Wtlhdrassal
28 ('SC' 157
PROPERTY RIGHTS u 820 Copyrights O 810 Patent O 840 Trademark
SECURITY
O 861 HIA (1395(1) O 862 Black Lung (923) u 863 DIWC/DIW'N' )405)g)( O 864 SSID Title S\ 'I 1 865 KSI (405(' ) 1
FEDVRAL'I'AS SUITS 11 870 Taxes (tl .S . Plaintiff"
lit Defendant) 1 871 IRS - I land Parry
26 1 S(' 7609

OTl STA 'UTE S
11 100 Stal eappoi unmen l
, 410 Ali 'It I 430 Ban' ks ankulg ST 'g5)Cotnnre c e -11% 440, 0eporta&k 7 -~T0'R(Ieketeer In ucnc xl an d
. (Hptplpt Orgyrjflations u ' 0 .QArtfptner edit u 490 Cable/Sat TV O S f 0 Selective Servic e 7 850 SecuritiesWoluniodities/
Exchang e u 875 (' ustunte Challenge
12 USC 341 0 O 890 Other Statutory Action ,
'711 991 Ag6cultural Acst
7 892 Economic Stabilization :\c i 7 893 Em ironmental Matters 7 894 Fncrgy Allocation \c t 7 895 Freedom of In f6l
:\c l u 901) :\ppe l of Fee Determinatio n
lode, Equal 'Seers,
to Ju,uc e
1 950 ('onslltlllionahty of
Slate .Statute,

V . ORIGIN IJ'Iaee an ' C" m One Box I)nls )
1 Original 11 2 Removed fruit, 1 3 Re-filedProceeding State Court ( see VI belosc )

Ap rat to DiSII1c l

1 4 Reinstated or

Transferred Ilom lit 'e from 1 5 another district 1 6 Multidistrict -1 7 )tits istrui

Reopened (Spec ily) Litigation

ludeinen t

VI . RELA TED/RE-FILED C'ASF:(S) .

(see IitStr rlet .. . 11 ,
xu,nd page!

a) Re-filed Case 1 YES 0 NO h) Related Cases '-I YES '7N O

Jf IDOL

DOCKLI Nl!h1IJL R

VII . CAUSE OF AC'T'ION

Cite the U S Cict1 Statute under which \ou are filing and Write a Unel'Statement of Cause ( Do not cite jurisdictional statutes unless diversih )

Title V11 of the Civil Rights Act of 1964 . This case is about hostile environment because o1' National Origin

(Puerto Rican ) and/or Rare (Rlark) from a snnetvisnr aoainct crveral emnlovee c

0

LENGTH OF TRIAL via 5-7 days estimated (fi)r both sides to try entire case )

VIII . REQUESTED IN ,O ChfECKIF1-111SISACLASS ACTION COMPLAINT : UNDER F R C .P 2 3

DEMANDS

CHECK YES only i'demanded in complaint JURY DEMAND : 7 Yes r0- N o

ABOVE INFORM ATION IS TRI iE & CORRECT TO THE BEST OF %IN' KNOWLEDGE

FOR OFFICE USE O ,l'

 
 Case 1:06-cv-22452-ASG Document 34 Entered on FLSD Docket 05/31/2007 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 06-22452-CIV-GOLD/Turnoff UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. B.J.'S WHOLESALE CLUB, INC., Defendant. ____________________________________/
ORDER THIS CAUSE is before the Court upon Defendant’s Motion to Compel Better Discovery Responses. [DE 27]. The Court has considered the written arguments, the applicable law, and the Court file. The instant Motion pertains to Interrogatories 14, 15, and 16, and Requests for Production 19 through 23, and 26 through 29. The Interrogatories at issue sought, inter alia, specific acts that violated Title VII, specific actions taken to eliminate unlawful employment practices, and specific facts relied upon to support certain allegations made by Plaintiff. In answer to Interrogatory 14, Plaintiff referred Defendant to documents in the entire EEOC investigatory file that had been produced in response to Request for Production 1. In answer to Interrogatories 15 and 16, Plaintiff referred Defendant to a subset of documents within the EEOC investigatory file. The Requests for Production at issue sought, inter alia, all documents supporting specific factual allegations in the Complaint and documents concerning allegations raised by other individuals employed by Defendant. In response to Requests 19 through 23,

Case 1:06-cv-22452-ASG Document 34 Entered on FLSD Docket 05/31/2007 Page 2 of 2
Case No.: 06-22452-CIV-GOLD/Turnoff Plaintiff did not specifically identify responsive documents but rather directed Defendant to the non-privileged documents in the EEOC investigatory file. Defendant is not required to cull through documents to determine which ones are responsive to its requests. With respect to Requests 26 through 29, Plaintiff represented that it was not in possession of any additional responsive documents.
Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant’s Motion to Compel Better Discovery Responses [DE 27] is Granted-in-part and Denied-in-part. With respect to the Interrogatories, Plaintiff shall provide narrative responses. With respect to the Requests for Production, the objections raised with respect to Requests 19 through 23 as being overly broad are overruled. The objections were waived for failure to timely raise them. With respect to Requests 26 through 29, to the extent that Plaintiff represented that it is not in possession of any additional responsive documents, the Motion is Denied. To the extent that responsive documents have been already produced, Plaintiff shall identify with specificity which documents are responsive to which of these Requests.
Defendant’s request for fees is Denied without prejudice. Plaintiff is to comply with this Order forthwith. DONE AND ORDERED in Chambers, at Miami, Florida, this 31st day of May 2007.

Copies provided to: Honorable Alan S. Gold Counsel of record

________________________________ WILLIAM C. TURNOFF UNITED STATES MAGISTRATE JUDGE

Page 2 of 2

 
 Case 1:06-cv-22452-ASG Document 59 Entered on FLSD Docket 09/17/2007 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORll>A

CASE NO. 06-11452-CJV-GOLD/TURNOFF

UNITED STAT:ES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

v.

BJ's WHOLESALE CLUB, INC.,

Defendant.

I

ORDER

THIS CAUSE is before the Court upon Defendant's Second MoliO l to Compel Better Discovecy Responses. {DE 40). The Court has considered the oral and wri uen argwnents, the applicable law, and the Court file. The instant Motion penains to Interrogator es I, 3. 4 and 5, and

Requests for Production 1, 2, 4, 5, 9, and 10. The Interrogatories at issue sought, imer aha, (l) Infonnation regarding William Lundy's and
Jesus Santos, employment h1story mcluding a list of names, business addresses, dates of employment. and rates ofpay for the past ten (l 0) years; (2) a list ofnames and: 1.Qdresses ofLundy's
and. Santos' physicians, medical facilities, or other health care providers over t1le last ten (10) years;
a list of names and addresses of Lundy's and Santos' mental health. prm iders who provided treatment or consultation; and (3) the identity of all former or present emplo,rees to whom EEOC sent a cover lener and/or other materials regarding this litigation.
The Requests for Production at issue sought, imer- alia, (1) a:1 cover leners and questionnaires sent to and received from former or present agents of Defe11dant; {2) signed and notarized authonzations and releases for Lu.ndy':s and Santos• empl.,yrnent information,

Case 1:06-cv-22452-ASG Document 59 Entered on FLSD Docket 09/17/2007 Page 2 of 3
psychotherapy notes, protected health information, unemployment compens +tion records, and
income tax. information; and (3) documents su.pponing Plaintiffs claims for ·:ompensatory and
punitive damages. It is hereby ORPERED AND ADJUDGED that Defendant's Second Motion to Compel
Better Discovery Responses (DE 40) is Granted-in-part and Denied-in-part. With respect to the Interrogatories, 1) Plaintiff shall provide responses to Interrogatory Nos. 1 and llimited to five {5) years prior to Lundy's and Santos' employment with Defendant. 2) Because Lundy and Santos testified that they have never seen a mental health provider d.u.ring their lifetime, Interrogatory 4 was withdrawn by Defendant and is moot. 3) Plaintiff shall provide a response to ·~o. 5.
With respect to the Requests for Production, (l) Plaintiff shall pro~luce all documents responsive to Nos. 1 and 2. (2) With respect to Requests 4 and 5, Plaintiffshall produ.ce signed and notarized releases for Lu.ndy's and Santos' employment infonnation limited tc 1 five (5) years prior to their employment with Defendant, signed and notari:zed releases for Lundy's md Santos' Records for Agency for Work Force Innovation, and signed waivers from Lundy and ::;antos so Defendant may optain their income tax infonnation for 2005 and 2006. The ponion off equests 4 ancl 5 that rebu~ to signed and notarized releases for psychotherapy notes were withdrav .'ll by Defendant and are moot. Defendant's Motion to Compel the portion of Requests 4 and 5 that relate to signed authorizations and releases for Lundy's and Santos' protected health infonnatio 1 is Denied. Plaintiff has agreed to make the following stipulation: Plaintiff shall be precluded at t: ial from introducing any evid.ence that Lund.y or Santos sought any m~dical treatment for any cond.1tion arising from th~: alleged. discrimination. (3) With respect to Requests 9 and 10, Plamtiffshall preduce all responsive documents or specify that no such documents exist.
2

. .. ~
Case 1:06-cv-22452-ASG Document 59 Entered on FLSD Docket 09/17/2007 Page 3 of 3

Defendant's request for fees is also Denied.

Plaintiff is to comply with this Order forthwith.

DONE AND ORPERED in Chambers, at Miami,

l ) day of September

2007.
Cop1es provided 10. Honori$bh: Alan S. Gol<i CounSel ot"re(:on1

c

WIL

C. TURNOFF

UNITED STATES MAG JSTRATEJUDGE

3

 
 Case 1:06-cv-22452-ASG Document 60 Entered on FLSD Docket 09/17/2007 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLOlUDA CASE NO. 06~224S2~CIV-COLD/TURNOFF UNIT£D STATES EQUAL EMPLOY~NT OPPORTUNITY COMMlSSION, Plaintiff, v. BJ's WHOLESALE CLUB, INC., --------~»=e=fu=n=d=a=nt~-----------~'
ORDER
THIS CAUSE is before the Coun l.lpon Defendant's Motion for Protecti le Order and Motion to Strike Regarding AUomey-Cliem Prtvih:ged Deposition [DE 36] and Plainti~ "fs Cross-Motion to Compel the Deposition ofMcCray Pettway [DE 49}. The Coun has considerec the oral and written arguments, the applicable law, and the Court file.
Accordingly, it is hereby ORDERED AND ADJUDGED that Defi·ndant's Motion for Protective Order [DE 36) is Granted. It is funher ORDERED AND ADJUDGED that Plaintiffs Cross-Motion to Compel the Deposition of McCray Pettway [DE 49] is Deui ed.
Defendant's request for fees is also Denied. DONE AND OR.llERED in Chambers, at
2007.

Copies provided tQ:
Honort4ble Alan S. Gold C01.1nse1 ofr~;cord

WILLIAM C. TURNCFF UNITED STATES MA~::;ISTRATE JUDGE

 
 Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 1 of 10

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

CASE NO. 06-22452 CIV-GOLDffURNOFF

UNITED STATES EQUAL EMPLOYMENT

)

OPPORTUNITY COMMJSS!ON,

)

)

Plaintiff,

)

)

v.

)

)

BJ's WHOLESALE CLUB, JNC.,

)

Defendant.

) )

----------------------------~)

CONSENT DECREE

I. This Consent Decree (''Decree") is made and emered into by and between

Plainti ff, the United States Equal Employment Opportunity Commission (the "Commission" or

"EEOC"), and Defendant, BJ's Wholesale Club, Inc. ("Defendant" or "BJ's"). The Commission

and Defendant are collectively referred to as the "Parties" throughout this Decree.

2. The Commission filed this action on September 28, 2006 under Title VII of the
Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq. ("Title Vll") and Title I of the Civil

Rights Act of 1991 based upon a charge of discrimination filed by Jesus Santos (EEOC Charge

No. 150-2006-00747). The Complaint filed by the EEOC alleges tbat Defendant violated Ti tle

VII by subjecting Mr. Santos and similarly situated individuals Will:am Lundy, Tarell Miller and

Lormie Brady to unlawfu l harassment based on their national origii1 and/or race at their place of

employment in Homestead, Florida. The Commission only sought rel ief on behalf of Jesus Santos and William LIDJdy.

Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 2 of 10
3. In the interest of resolving this matter, to avoid the cost of litigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally reso lved by the entry of this Decree. This Decree is final and binding on the Parties, their successors and assigns.
4. The Parties agree that this Decree resolves all claims against Defendant alleged in EEOC Charge Number 150-2006-00747 and the Complaint filed in this action. The Parties further agree that this Decree does not resolve any future or pending EEOC Charges of Discrimination other than the Charge referred to in this paragraph.
1. FINDINGS 5. Having carefully examined the terms and provisions of this Decree, and based on the pleadings, record, and stipulations of the parties, the Court fmds the following:
a. This Court has jurisdiction of the subject matter of this action and of the Parties.
b. No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its terms or the right of the EEOC to bring an enforcement action in the event Defendant breaches any of the :enn(s) of this Decree. The terms of this Decree arc adequate, fair, reasonable, equitable, and just.
c. The tenns of this Decree arc and shall be binding upon the present and future representatives, agents, directors, and officers, successor and assigns of BJ's at its Homestead, Florida location.
NOW, THEREFORE, IT IS ORDERED, ADn.JDGED AND DECREED TIIAT:
-2-

Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 3 of 10
II. GENERAL PROVISIONS 6. Defendant, its officers, managers, and employees at the Homestead, Florida location, agree not to engage in conduct that discriminates on the basis of national origin or race in violation of Title VII of the Civil Rights Act of 1964, as amended. 7. Defendant, its officers, managers, and employees at the Homestead, Florida location, agree not to discriminate or retaliate against any employee because he or she has opposed any of Defendant's practices which the employee believed to be a violation of Title VII, filed a charge of discrimination with the EEOC alleging violation(s) of such statute, testified or participated in any manner in any investigation, proceeding, or hearing under Title VII, or asserted any rights under this Decree. III. ADOPTION AND DISTRIBUTION OF NEW POLICY AGAINST NATIONAL
ORIGIN AND RACE DISCRIMINATION 8. Defendant will create a new written policy against discrim ination ("Policy"). The Policy shall be distributed within one hundred and rwenty (1 20) calendar days to all of Defendant's employees and management staff at its Homestead, Florida location, and shall be included thereafter in any relevant policy or employee manuals kept by Defendant's business. The Policy shall also be kept and maintained in a conspicuous and accessible place for all employees and printed in a font that is easily legible (at least 12 point font). 9. A copy of the Policy shall be forwarded to the EEOC within thirty (30) calendar days of entry of this Consent Decree. This and any other submissions, reports, certifications, notices, or other materials tl1at are required to be submitted to EEOC shall be mailed to: BJs Settlement, c/o Supervisory Trial Attorney M. Kate Boehringer, United Stated Equal Employment Opportunity Commission, I Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, M iami, Florida 3313 I.
-3-

Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 4 of 10
10. A copy of the Policy shall be distributed to each new regular full -time, part-time or temporary employee at its Homestead, Florida facility within their first month ofemployment. The manager responsible for distributing the Policy to each new employee shall review the Policy with the employee. BJ's shall maintain records demonstrating that each new employee discussed the Policy with the responsible manager.
IV. TRAINING 11. During each of the three (3) years covered by tllis Decree, Defendant shall provide training on equal employment opportunity laws over which the EEOC has jurisdiction (including national origin and race-based discrimination) and the new Policy to all BJ's employees at its Homestead, Florida location, including all of its managers and supervisory persotmel. At the request of the EEOC, an attomey from Jackson Lewis shall be present during the traiJling sessions. Additionally, Defendant agrees that the EEOC shall, at the EEOC's discretion, be in attendance at each training session, provided the EEOC informs Defendant's Legal Department, c/o McCray Pettway, Esq., Setlior Counsel, Manager of Employment and Labor Law, P.O. Box 9601, One Mercer Road, Natick, MA, one week prior to the training. The first training shall take p[ace within one hundred and twenty (120) calendar days ofentry of this Decree. The remainder of the training sessions shall take place annually and no later than December 31" of each year throughout the duration of the Decree. Defendant agrees to provide the EEOC reasonable advance notice of the date and location of the training sessions. 12. Within forty-live (45) days of completion of the training, Defendant shall notify EEOC of the dates the training was conducted, the name and job title of the person(s) who conducted the training, and the name and job title ofeach person who received the training.
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13. Defendant agrees to provide EEOC, upon request, with any and all copies of pamphlets, brochures, outlines or other written materials provided to the participants during the training sessions
V. POSTING 14. Within thirty (30) business days after entry of this Decree, BJ's shall post an eleven (I I) inches by fourteen (14) inches laminated copy of the Notice attached as Exh ibit B to this Decree. The notice shall be posted at Defendant's Homestead, FL facility for the duration of this Decree in a conspicuous location accessib le to all employees (i.e. employee bulletin board or hmch room). The Notice shall remain posted for the duration of this Decree. Defendant shall take reasonable steps to ensure that the posting is not altered, defaced or covered by any other
material. Defendant sham certify to EEOC in writing within forty-five (45) business days after
entry of the Decree that the Notice has been properly posted. VI. RECORD KEEPING
15. For a period oftl1ree (3) years following entry of this Decree, BJ's shall retain and maintain all employment and/or investigative records of each person complaining about d iscrimination on the basis of national origin and/or race at Defendant's Homestead, Florida store.
16. Nothing contained in this Decree shall be construed! to limit any obligation BJ's may otherwise have to maintain records under T itle VTl or any other law or regulation.
VII. REPORTlNG 17. BJ's shall furnish to EEOC the following written reports twice annually for a period of tllfee (3) years following entry of tlus Decree. The first report shall be due no later than July 151, 2008, and thereafter by January 1st and July I" armually. Each such report shall contain:
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-- ... ...... . ........ . ... ..... - -

Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 6 of 10

a. A description of each complaint of national origin and/or race-based discrimination at Defendant's Homestead, Florida store, including the names, age, social security number, home address and phone nwnber(s) of the complaining parties, and the names and addresses of witnesses, occurring within the six (6) month period preceding the report. Defendant will also state the actions taken in response to each such allegation.
b. A certification by BJ's that the Notice required to be posted in Paragraph 14, above, remained posted during the entire six (6) month period preceding the report
VIII. MONETARY RELIEF 18. Defendant shall pay an aggregate of One Hundred Thousand Dollars and Zero Cents ($100,000.00) to resolve this litigation as described in attached Exhibit C. All payments
shall be issued within fifteen (IS) calendar days from the Court's execution of this Decree, by
certified mail to Jesus Santos, 16424 S.W. 304th Street, Apt. #107, Homestead, FL 33033; and William Floyd Lundy, 10825 S.W. \56th Terrace, Miami, FL 33157. A copy of the payments and I.R.S. Form 1099 shall be forwarded to the attention of M. Kate Boehringer, Supervisory Trial Attorney, U.S. Equal Employment Opportunity Conunission, One Biscayne Tower, 2 South Biscayne Boulevard, Suit·e 2700, Miami, Florida 33131.
19. If Defendant fails to tender payment described in Paragraph 18 above, and Exhibit C in violation of this Decree, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid.
IX. NO ADMISSION OF WRONGDOING 20. It is understood that this Decree does not constitute an admission by Defendant, or a finding or judgment by the Court, that Defendant violated Title Vll.

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Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 7 of 10 X. ENFORCEMENT
21. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree.
XI. COSTS 22. Each Party shall bear its own costs associated with this litigation.
XII. DURATION OF CONSENT DECREE 23. All provisions of this Decree shall be in effect for a period of three (3) years immediately following entry of the Decree.
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Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 8 of 10

AGREED TO: FOR THE PLA£NTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: .cf/;~{!c U. (<"""J

Date: 3/.>L3/o a-

/Nora E. Curtin

Regional Attomey

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

Telephone: (305) 808-1 789

Facsimile: (305) 808-1835

by: ilso ,
ewisLLP One scayne Tower, Suite 3500 2 So h Biscayne Boulevard Miami, Florida 33131 Telephone: (305) 577-7600 Facsimile: (305) 3 73-4466
-s::f)L!
by: Lon Povich, Esq. Executive Vice President, General Counsel, and Secretary

j;z Date: ;;/:<1

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Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 9 of 10
EXHIBIT B NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSE.NT DECREE BETWEEN THE UNITE D STATES EQUAL EMPLOYl\fENT OPPORTUNITY COMMISSION AND BJ'S WHOLESALE CLUB, I NC. This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC v. BJ's Wholesale Club. Inc., Case No. 06-22452-CN-GOLD. BJ's Wholesale Clnb, Inc. ("BJ's") has adopted a policy that prohibits discrimination against employees based on national origin and/or race discrimination in violation ofTitle VII of the Civil Rights Act of 1964 ("Title Vll'} Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, and/or sex. Title VII also protects individuals from retaliation for having co:uplained of an unlawful emp loyment p ractice. BJ's wi ll not condone emp loyment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, national origin and/or race discrimination. Furthermore, BJ's assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC. Appropriate corrective action, up to and including tem1ination, shall be taken against any employee (including management persormel) found to violate the policies regarding discrimination, based upon the circmnstances involved.
EEOC enforces federal laws against discrimination in employment on the basis of disability, race, color, religion, national origin, sex, and age. If you believe you have been discriminated against, you may telephone the Miami District Office of the Equal Employment Opportunity Conunission at (305) 808-1740. EEOC charges no fees and has employees who speak languages other than English.
This Notice must remain posted for three (3) years from the date below. and must not be altered. defaced or covered by any other material. Any questions about this Notice ofcompliance with its terms may be directed to: BJ's Settlement, c/o EEOC, 1 Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
Signed this _ _ day of _ _ _ _ _...; 2008.
PRESIDENT/CEO, BJ'S WHOLESALE CLUB, INC.
DO NOT REMOVE BEFORE - - - -- 2011.
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Case 1:06-cv-22452-ASG Document 93-2 Entered on FLSD Docket 03/27/2008 Page 10 of 10
EXHJBITC ALLOCATION OF MONETARY RELTEF BJ's agrees to pay total gross amount ofOne Hundred Thousand Dollars and Zero Cents ($100,000.00) to resolve this litigation, which will be payable as follows: I. A check made payable to Jesus Santos in the amowlt of Eighty Thousand Dollars and Zero Cents ($80,000.00), with no deductions or withholdings, in settlement of claims for damages that are not wages. BJ's shall issue Mr. Santos a 1099 for this an1ount; and 2. A check made payable to William floyd Lundy in the amount of Twenty Thousand Dollars and Zero Cents ($20,000.00), with no deductions or withholdings, in settlement ofclaims for damages that are not wages. BJ's shall issue Mr. Lundy a I099 for this amount.
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4/22/08 12:44 PM

CLOSED, MEDIATION, MOTREF, REF_DISCOV
U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:06-cv-22452-ASG

Equal Employment v. BJ's Wholesale Club Assigned to: Judge Alan S. Gold Referred to: Magistrate Judge William C. Turnoff Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/28/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Cheryl A. Cooper Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1786 Fax: 808-1835 Email: Cheryl.cooper@eeoc.gov TERMINATED: 02/15/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maria Kate Boehringer Boehringer Law Office PA 1515 N Federal Highway Suite 300 Boca Raton, FL 33432 561-392-2120 Fax: 392-2250 Email: maria.boehringer@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maritza I. Gomez Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483

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V. Defendant BJ's Wholesale Club
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4/22/08 12:44 PM
305-808-1783 Fax: 808-1835 TERMINATED: 10/24/2006 LEAD ATTORNEY
Diana Vizcaino U.S. Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd., Suite 2700 Miami, FL 33131 (305) 808-1740 Fax: (305) 808-8155 Email: Diana.Vizcaino@EEOC.gov ATTORNEY TO BE NOTICED
represented by Christine Lynne Wilson Jackson Lewis LLP 2 S Biscayne Boulevard Suite 3500 One Biscayne Tower Miami, FL 33131-1802 305-577-7600 Fax: 373-4466 Email: wilsonc@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. Kerman Jackson Lewis LLP 75 Park Plaza 4th Floor Boston, MA 02116 US 617-367-0025 Fax: 617-367-2155 Email: kermand@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer Laurel Poole Jackson Lewis LLP 2 S Biscayne Boulevard Suite 3500 One Biscayne Tower Miami, FL 33131-1802
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4/22/08 12:44 PM
305-577-7600 Fax: 373-4466 Email: poolej@jacksonlewis.com ATTORNEY TO BE NOTICED
Pedro Jaime Torres-Diaz Jackson Lewis LLP 2 S Biscayne Boulevard Suite 3500 One Biscayne Tower Miami, FL 33131-1802 305-577-7600 Fax: 373-4466 Email: torresdp@jacksonlewis.com ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

09/28/2006 09/28/2006 10/18/2006 10/24/2006 11/02/2006 11/20/2006 12/18/2006 12/18/2006 12/19/2006 12/20/2006

1 COMPLAINT re: civil rights/race filed; filing fee waived; Magistrate Judge William C. Turnoff (hd, Deputy Clerk) (Entered: 09/29/2006)
2 SUMMONS(ES) issued for BJ's Wholesale Club c/o CT Corporation System (hd, Deputy Clerk) (Entered: 09/29/2006)
3 MOTION to Substitute Attorney by Equal Employment Opportunity Commission. Responses due by 11/1/2006 (Cooper, Cheryl) (Entered: 10/18/2006)
4 ORDER granting 3 Motion to Substitute Attorney. Attorney Maritza I. Gomez terminated . Signed by Judge Alan S. Gold on 10/24/2006. (bs) (Entered: 10/26/2006)
5 ORDER requiring compliance with Local Rule 16.1 of the United States District Court for the Southern District of Florida. Signed by Judge Alan S. Gold on 11/02/2006. (bs) (Entered: 11/02/2006)
6 NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of December 25, 2006 through December 29, 2006 (Torres-Diaz, Pedro) (Entered: 11/20/2006)
7 ANSWER to Complaint Answer to Complaint and Affirmative Defenses by BJ's Wholesale Club.(Wilson, Christine) (Entered: 12/18/2006)
8 Corporate Disclosure Statement by BJ's Wholesale Club. (Wilson, Christine) (Entered: 12/18/2006)
12 Attorney David J. Kerman's Petition for Admission Pro Hac Vice, Filing Fee $75, Receipt #952020. (cw) (Entered: 12/21/2006)
9 NOTICE of Attorney Appearance by Pedro Jaime Torres-Diaz on behalf of BJ's

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12/20/2006
12/21/2006 12/29/2006 01/08/2007 01/08/2007 01/08/2007 01/25/2007
01/25/2007 01/25/2007 01/31/2007 02/06/2007
02/28/2007 03/02/2007

4/22/08 12:44 PM
Wholesale Club (Torres-Diaz, Pedro) (Entered: 12/20/2006)
10 ORDER Setting Telephonic Status Conference regarding status of case set for 1/31/2007 08:45 AM in Miami Division before Judge Alan S. Gold. Court will initiate call. Signed by Judge Alan S. Gold on 12/20/2006. (ld) (Entered: 12/20/2006)
11 NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of May 21, 2007 through June 1, 2007 (Wilson, Christine) (Entered: 12/21/2006)
13 ORDER granting 12 motion to appear pro hac vice by David J. Kerman . Signed by Judge Alan S. Gold on 12/29/2006. (bs) (Entered: 12/29/2006)
14 REPORT of Rule 26(f) Planning Meeting. (Torres-Diaz, Pedro) (Entered: 01/08/2007)
15 REPORT REGARDING Proposed Civil trial and pretrial deadlines by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 01/08/2007)
16 REPORT REGARDING Consent to Jurisdiction by a United States Magistrate Judge for Final Disposition by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 01/08/2007)
17 SCHEDULING ORDER:, ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for discovery, ORDER REFERRING CASE to Mediation. Pretrial Conference set for 2/15/2008 09:00 AM before Judge Alan S. Gold. Jury Trial set for 3/17/2008 before Judge Alan S. Gold. Calendar Call set for 3/12/2008 01:30 PM before Judge Alan S. Gold. Signed by Judge Alan S. Gold on 01/25/2007 (bs) (Entered: 01/25/2007)
18 NOTICE OF UNAVAILABILITY by Equal Employment Opportunity Commission for dates of February 13, 2007 - February 26, 2007 (Cooper, Cheryl) (Entered: 01/25/2007)
19 NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of April 2, 2007 - April 7, 2007 (Torres-Diaz, Pedro) (Entered: 01/25/2007)
20 TEXT Minute Entry for proceedings held before Judge Alan S. Gold : Status Conference held on 1/31/2007 to address status of case. (Court Reporter Joseph Millikan.) (jh) (Entered: 01/31/2007)
21 ORDER following telephonic status conference and order of reference to Magistrate Judge Turnoff to conduct joint discovery planning meeting; joint planning meeting on 03/06/2007 at 2:00 before Magistrate Judge William C. Turnoff; Signed by Judge Alan S. Gold on 02/02/2007 (bs) (Entered: 02/06/2007)
22 NOTICE of Mediator Selection: Donald J. Spero, Esq. selected.(Cooper, Cheryl) (Entered: 02/28/2007)
23 Notice of Mediation Hearing on08/28/07 AT 10:00 AM before Mediator, Donald J. Sperofiled by Donald J. Spero.(Nicholson, Allene) (Entered:

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03/06/2007 03/07/2007 03/07/2007 03/23/2007 04/05/2007
04/11/2007
04/16/2007
04/18/2007 04/19/2007 04/19/2007 05/01/2007

4/22/08 12:44 PM
03/02/2007)
25 Text Minute Entry for proceedings held before Judge William C. Turnoff : Discovery Conference held on 3/6/2007. Cheryl Cooper and Pedro Torres-Diaz present. (Tape # held in chambers.) (mpc) (Entered: 03/07/2007)
24 ORDER following discovery conference and setting status conference. Signed by Judge William C. Turnoff on 3/7/07 (lc2) (Entered: 03/07/2007)
Set Deadlines/Hearings per Order at DE #24: Status Conference set for 6/5/2007 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (bb) (Entered: 03/08/2007)
26 STATUS REPORT Joint Status Report Regarding Mediation in Compliance with Court Order by BJ's Wholesale Club. (DeBlasio, Patrick) (Entered: 03/23/2007)
27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law by BJ's Wholesale Club. Responses due by 4/19/2007 (Attachments: # 1 Exhibit Exhibits A and B# 2 Exhibit Exhibits C and D# 3 Exhibit Exhibits E, F and G)(Wilson, Christine) (Entered: 04/05/2007)
28 ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club, Signed by Judge Alan S. Gold on 04/11/2007.(bs) (Entered: 04/11/2007)
29 Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 04/16/2007)
30 NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of October 3, 2007 through October 4, 2007 (Wilson, Christine) (Entered: 04/18/2007)
31 ORDER granting 29 Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Defendant's MOTION to Compel Better Discovery Responses. Responses due by 4/30/2007.Signed by Magistrate Judge William C. Turnoff on 4/19/07. (lc2) (Entered: 04/19/2007)
Set/Reset Deadlines per Order at DE #31 as to 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law. Responses due by 4/30/2007 (bb) (Entered: 04/19/2007)
32 RESPONSE in Opposition re 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by Equal Employment

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4/22/08 12:44 PM

05/09/2007 05/31/2007 06/05/2007 07/17/2007 07/19/2007
07/27/2007
07/30/2007 07/30/2007 07/31/2007

Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G (pp. 4-8, 11-32)# 8 Exhibit G (pp. 47, 52, 56, 58-62)# 9 Exhibit G (pp. 33-45)# 10 Exhibit H (Part 1)# 11 Exhibit H (Part 2)# 12 Exhibit I)(Cooper, Cheryl) (Entered: 05/01/2007)
33 REPLY to Response to Motion re 27 Defendant's MOTION to Compel Better Discovery Responses Defendant's Motion to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Wilson, Christine) (Entered: 05/09/2007)
34 ORDER granting in part and denying in part 27 Defendant's Motion to Compel Better Discovery Responses. Signed by Magistrate Judge William C. Turnoff on 5/31/07. (lc2) (Entered: 05/31/2007)
35 Minute Entry for proceedings held before Judge William C. Turnoff : Status Conference held on 6/5/2007; Discovery proceeding appropriately. (Tape #07G37-1850.) (mpc) (Entered: 06/05/2007)
36 Defendant's MOTION for Protective Order, Defendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law by BJ's Wholesale Club. Responses due by 7/31/2007 (Attachments: # 1 Exhibit Exhibit A)(Torres-Diaz, Pedro) (Entered: 07/17/2007)
37 ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law filed by BJ's Wholesale Club, Signed by Judge Alan S. Gold on 7/19/07.(hd) (Entered: 07/19/2007)
38 Unopposed MOTION for Extension of Time to File Response as to 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 07/27/2007)
39 ORDER granting 38 Plaintiff's Motion for Extension of Time to Respond re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike. Responses due by 8/15/2007. Replies due by 8/22/2007.Signed by Magistrate Judge William C. Turnoff on 7/30/07. (lc2) (Entered: 07/30/2007)
40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law by BJ's Wholesale Club. Responses due by 8/13/2007 (Attachments: # 1 Exhibit # 2 Exhibit)(Torres-Diaz, Pedro) (Entered: 07/30/2007)
41 ORDER of reference to Magistrate Judge William C. Turnoff re 38 Unopposed MOTION for Extension of Time to File Response as to 36 Defendant's

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4/22/08 12:44 PM

08/02/2007 08/09/2007 08/10/2007 08/13/2007 08/14/2007 08/14/2007 08/15/2007 08/15/2007
08/15/2007

MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendan filed by Equal Employment Opportunity Commission, Signed by Judge Alan S. Gold on 7/30/07.(hd) (Entered: 08/01/2007)
42 NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of October 1, 2007 - October 5, 2007 (Torres-Diaz, Pedro) (Entered: 08/02/2007)
43 Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 08/09/2007)
44 RESPONSE to Motion re 43 Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. Replies due by 8/17/2007. (Wilson, Christine) (Entered: 08/10/2007)
45 ORDER Setting TELEPHONIC Hearing on Motion 43 Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law: Motion Hearing set for 8/17/2007 10:30 AM in Miami Division before Judge Alan S. Gold.Signed by Judge Alan S. Gold on 08/13/07.(lms) (Entered: 08/13/2007)
46 ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 43 Plaintiff's MOTION for Extension of Time to File Response as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by Equal Employment Opportunity Commission, Signed by Judge Alan S. Gold on 08/13/07.(lms) (Entered: 08/14/2007)
47 TEXT ORDER CANCELING TELEPHONIC hearing before Judge Alan S. Gold, previously scheduled for Friday, August 17, 2007. The motion [DE 43] has been referred to Magistrate Judge William C. Turnoff. Signed by Judge Alan S. Gold on 08/14/07.(lms) (Entered: 08/14/2007)
48 ORDER granting in part 43 Plaintiff's Motion for Extension of Time to Respond. Response due by 8/20/2007.Signed by Magistrate Judge William C. Turnoff on 8/15/07. (lc2) (Entered: 08/15/2007)
49 RESPONSE in Opposition re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law and Cross-Motion to Take McCray Pettway's Deposition filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Cited Portions of Henry Gallardo's Deposition# 2 Exhibit Cited Portions of Margo Anderson's Deposition)(Cooper, Cheryl) (Entered: 08/15/2007)
Set/Reset Deadlines per Order at DE #48 as to 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law.

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08/17/2007
08/20/2007 08/21/2007 08/27/2007
08/30/2007 08/30/2007 09/05/2007 09/06/2007

4/22/08 12:44 PM
Responses due by 8/20/2007 (bb) (Entered: 08/16/2007)
50 ORDER of REFERENCE TO MAGISTRATE JUDGE TURNOFF to conduct discovery hearing in re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law filed by BJ's Wholesale Club,, 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club, Signed by Judge Alan S. Gold on 8/16/07.(lk) (Entered: 08/17/2007)
51 RESPONSE in Opposition re 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Cooper, Cheryl) (Entered: 08/20/2007)
52 ORDER Setting Hearing on 40 Defendant's MOTION to Compel Better Discovery Responses, and 36 Defendant's MOTION for Protective Order and Motion to Strike regarding attorney-client privileged deposition testimony. Motion Hearing set for 9/6/2007 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff.Signed by Magistrate Judge William C. Turnoff on 8/21/07.(lc2) (Entered: 08/21/2007)
53 REPLY to Response to Motion re 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law and Response to Plaintiff's Cross-Motion to Compel Deposition of McCray Pettway with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 08/27/2007)
54 REPORT of Mediation Disposition: Impasse(Nicholson, Allene) (Entered: 08/30/2007)
55 REPLY to Response to Motion re 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Attachments: # 1 Exhibit Exhibits A & B)(Torres-Diaz, Pedro) (Entered: 08/30/2007)
56 Plaintiff's MOTION to Quash Subpoenas Duces Tecum by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-A# 2 Exhibit 1-B# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9)(Cooper, Cheryl) (Entered: 09/05/2007)
57 Minute Entry for proceedings held before Judge William C. Turnoff : Motion Hearing held on 9/6/2007 re 36 Defendant's MOTION for Protective

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09/10/2007 09/17/2007 09/17/2007
09/21/2007 09/25/2007 10/05/2007 10/10/2007 10/22/2007 10/22/2007 10/24/2007

4/22/08 12:44 PM
OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law filed by BJ's Wholesale Club,, 40 Defendant's MOTION to Compel Better Discovery Responses with Incorporated Memorandum of Law filed by BJ's Wholesale Club. (Tape #07G-54-2912 & 55-1.) (mpc) (Entered: 09/06/2007)
58 ORDER REFERRING MOTION to Magistrate Judge William C. Turnoff 56 Plaintiff's MOTION to Quash Subpoenas Duces Tecum ; Signed by Judge Alan S. Gold on 09/07/2007.(bs) (Entered: 09/10/2007)
59 ORDER granting in part and denying in part 40 Motion to Compel Signed by Magistrate Judge William C. Turnoff on 9/17/2007. (lc1) (Entered: 09/17/2007)
60 ORDER granting 36 Motion for Protective Order, entered 36 Motion to Strike 49 Response in Opposition to Motion,,, 36 Defendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of lawDefendant's MOTION for Protective OrderDefendant's MOTION to Strike regarding attorney-client privileged deposition testimony with incorporated memorandum of law Signed by Magistrate Judge William C. Turnoff on 9/17/2007. (lc1) (Entered: 09/17/2007)
61 Unopposed MOTION to Withdraw Document 56 Plaintiff's MOTION to Quash Subpoenas Duces Tecum by Equal Employment Opportunity Commission. Responses due by 10/5/2007 (Cooper, Cheryl) (Entered: 09/21/2007)
62 ORDER denying as moot 56 Plaintiff's Motion to Quash and granting 61 Plaintiff's Motion to Withdraw.Signed by Magistrate Judge William C. Turnoff on 9/25/07. (lc2) (Entered: 09/25/2007)
63 Joint MOTION for Extension of Time to Complete Discovery to Depose Two Witnesses by BJ's Wholesale Club. (Poole, Jennifer) (Entered: 10/05/2007)
64 ORDER granting 63 Motion for Extension of Time to Complete Discovery ;Signed by Judge Alan S. Gold on 10/09/2007. (bs) (Entered: 10/10/2007)
65 Defendant's MOTION for Extension of Time to File a Four-Day Extension of Time to File its Motion for Summary Judgment by BJ's Wholesale Club. (Attachments: # 1 Exhibit Exhibit A)(Wilson, Christine) (Entered: 10/22/2007)
66 RESPONSE in Opposition re 65 Defendant's MOTION for Extension of Time to File a Four-Day Extension of Time to File its Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Cooper, Cheryl) (Entered: 10/22/2007)
67 ORDER granting 65 Motion for Extension of Time to File ;Signed by Judge Alan S. Gold on 10/23/2007. (bs) (Entered: 10/24/2007)

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4/22/08 12:44 PM

11/09/2007 11/09/2007 11/09/2007
11/16/2007 11/16/2007 12/10/2007
12/10/2007
12/10/2007

68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law by BJ's Wholesale Club. Responses due by 11/27/2007 (Wilson, Christine) (Entered: 11/09/2007)
69 Statement of: of Undisputed Facts in Support of Defendant's Motion for Summary Judgment by BJ's Wholesale Club re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law. (Wilson, Christine) (Entered: 11/09/2007)
70 NOTICE by BJ's Wholesale Club re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law of Filing Deposition Transcripts, Affidavit, and Other Documents (Attachments: # 1 Exhibit Exhibits 1-5# 2 Exhibit Exhibit 6 part1# 3 Exhibit Exhibit 6 part 2# 4 Exhibit Exhibit 7 part 1# 5 Exhibit Exhibit 7 part 2# 6 Exhibit Exhibits 8 & 9 part 1# 7 Exhibit Exhibits 8 & 9 part 2# 8 Exhibit Exhibit 10 part 1# 9 Exhibit 10 Part 2# 10 Exhibit 11-14 part 1# 11 Exhibit Exhibit 11-14 Part 2# 12 Exhibit Exhibit 15 part 1# 13 Exhibit Exhibit 15 part 2)(Wilson, Christine) (Entered: 11/09/2007)
71 ORDER Setting Hearing on Motion 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law: Motion Hearing set for 3/21/2008 11:00 AM in Miami Division before Judge Alan S. Gold.Signed by Judge Alan S. Gold on 11/15/07.(lk) (Entered: 11/16/2007)
Motions in limine due by 3/24/2008. Calendar Call set for 5/7/2008 01:30 PM in Miami Division before Judge Alan S. Gold. Jury Trial set for 5/12/2008 in Miami Division before Judge Alan S. Gold. Pretrial Conference set for 4/11/2008 11:00 AM in Miami Division before Judge Alan S. Gold.(lk) (Entered: 11/16/2007)
72 NOTICE by Equal Employment Opportunity Commission of Filing Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Exhibit Margo Anderson's deposition transcript (pp. 1-76)# 2 Exhibit Margo Anderson's deposition transcript (pp. 77-156)# 3 Exhibit Margo Anderson's deposition transcript (pp. 157-236)# 4 Exhibit Margo Anderson's deposition transcript (pp. 237-290)# 5 Exhibit Margo Anderson's investigative notes# 6 Exhibit Lisbeth Bailey's deposition transcript (pp. 177))(Cooper, Cheryl) (Entered: 12/10/2007)
73 NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Lisbeth Bailey's deposition transcript (pp. 78-141)# 2 Lisbeth Bailey's deposition transcript (pp. 142-200)# 3 BJ's Sexual Harassment Policy (No Sepcific Policy Against Race and/or National Origin Discrimination)# 4 Lonnie Brady's deposition transcript (pp.1-73)# 5 Lonnie Brady's deposition transcript (pp. 74-161)# 6 Lonnie Brady's deposition transcript (pp. 162-235)# 7 Brady statement)(Cooper, Cheryl) (Entered: 12/10/2007)
74 NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for

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12/10/2007 12/10/2007
12/10/2007 12/10/2007 12/10/2007 12/10/2007

4/22/08 12:44 PM
Summary Judgment (Attachments: # 1 Conciliation Agreement (faxed and mailed to McCray Pettway on 6/27/06)# 2 Conciliation failure letter (dated 9/13/06)# 3 Carlos Cordero's Complaint# 4 EEOc Charge of Discrimination and Charge Questionnairre# 5 Henry Gallardo's deposition transcript (pp. 1-64)# 6 Henry Gallardo's deposition transcript (pp. 65-116)# 7 Henry Gallardo's depositoin transcript (pp. 117-164))(Cooper, Cheryl) (Entered: 12/10/2007)
75 NOTICE by Equal Employment Opportunity Commission Notice of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Henry Gallardo's deposition transcript (pp. 165-208)# 2 Henry Gallardo's deposition transcript (pp. 209256)# 3 Henry Gallardo's deposition transcript (pp. 257-292)# 4 Henry Gallardo's deposition transcript (pp. 293-320)# 5 Gallardo Corrective# 6 Gallardo's Personnel File (Excerpts))(Cooper, Cheryl) (Entered: 12/10/2007)
76 NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Letter of Determination and Invitation to Conciliate dated 5/24/06 (LOD)# 2 Letter from McCray Pettway to Lisbeth Bailey dated 6/14/06# 3 Letter from McCray Pettway to Lisbeth Bailey dated 7/21/06# 4 Letter to McCray Pettway to Lisbeth Bailey dated 91/06# 5 William Lundy's deposition transcript (pp. 1-57)# 6 William Lundy's deposition transcript (pp. 58-121)# 7 William Lundy's deposition transcript (pp. 122-181)# 8 William Lundy's deposition transcript (pp. 182-235)# 9 Lundy statement)(Cooper, Cheryl) (Entered: 12/10/2007)
77 NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 James Manoukian's deposition transcript (pp. 1-80)# 2 James Manoukian's deposition transcript (pp. 81-151)# 3 Terrell Miller's deposition transcript (pp. 1-77)# 4 Terrell Miller's deposition transcript (pp. 78-154)# 5 Miller statement# 6 Notice of EEOC Charge of Discrimination)(Cooper, Cheryl) (Entered: 12/10/2007)
78 NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 James Randle's deposition transcript (pp. 1-80)# 2 James Randle's deposition transcript (pp. 81-152)# 3 James Randle's deposition transcript (pp. 153-195)# 4 Request for Information (RFI)# 5 Response to RFI)(Cooper, Cheryl) (Entered: 12/10/2007)
79 NOTICE by Equal Employment Opportunity Commission of Filing Deposition Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 Jesus Santos' deposition transcript (pp. 177)# 2 Jesus Santos' deposition transcript (pp. 78-157)# 3 Jesus Santos' deposition transcript (pp. 158-237)# 4 Jesus Santos' deposition transcript (pp. 238-262))(Cooper, Cheryl) (Entered: 12/10/2007)
80 NOTICE by Equal Employment Opportunity Commission of Filing Deposition

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12/10/2007 12/10/2007
12/11/2007
12/12/2007 12/20/2007 01/04/2008 02/14/2008 02/15/2008 03/13/2008 03/17/2008 03/20/2008 03/21/2008

Transcripts and Other Documents in Opposition to Defendant's Motion for Summary Judgment (Attachments: # 1 David Shelby's deposition transcript (Vol. I, pp. 1-76)# 2 David Shelby's deposition transcript (Vol. I, pp. 77-122)# 3 David Shelby's deposition transcript (Vol II, pp. 1-52)# 4 Witness Statements (Lundy, Miller, Brady))(Cooper, Cheryl) (Entered: 12/10/2007)
81 RESPONSE in Opposition re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/10/2007)
82 RESPONSE to 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law Statement of Material Facts in Oppositon to Defendant's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (Boehringer, Maria) (Entered: 12/10/2007)
83 NOTICE of Instruction to Filer: re 82 Response (Other), Response (Other) filed by Equal Employment Opportunity Commission. ERROR: Wrong Event Selected; Instruction to Filer: In the future please select the proper Event: "Statement" found under Other Documents, it is not necessary to refile this document. (gp) (Entered: 12/11/2007)
84 ORDER requiring submission of courtesy copies; re 71 Order Setting Hearing ; Signed by Judge Alan S. Gold on 12/11/2007.(bs) (Entered: 12/12/2007)
85 REPLY to Response to Motion re 68 Defendant's MOTION for Summary Judgment and Supporting Memorandum of Law filed by BJ's Wholesale Club. (Wilson, Christine) (Entered: 12/20/2007)
86 NOTICE OF UNAVAILABILITY by BJ's Wholesale Club for dates of Christine L. Wilson from February 25, 2008 through March 4, 2008 (Wilson, Christine) (Entered: 01/04/2008)
87 NOTICE of Substitution of Counsel by Maria Kate Boehringer on behalf of Equal Employment Opportunity Commission (Boehringer, Maria) (Entered: 02/14/2008)
Attorney Cheryl A. Cooper terminated, Per Notice at DE # 87. Sent terminated attorney(s) instructions for tracking future case activity. (gp) (Entered: 02/15/2008)
88 ORDER resetting pretrial conference date; Pretrial Conference reset for 5/5/2008 04:30 PM before Judge Alan S. Gold.Signed by Judge Alan S. Gold on 03/12/2008.(bs) (Entered: 03/13/2008)
89 Unopposed MOTION for Extension of Time to File Joint Pretrial Stipulation and Motions in Limine by BJ's Wholesale Club. (Torres-Diaz, Pedro) (Entered: 03/17/2008)
90 NOTICE of Settlement by Equal Employment Opportunity Commission (Boehringer, Maria) (Entered: 03/20/2008)
91 ORDER granting 89 Defendant's Unopposed Motion for Extension of Time to

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03/21/2008 03/24/2008 03/27/2008 04/01/2008

4/22/08 12:44 PM
File Joint Pretrial Stipulation and Motions in Limine.Signed by Judge Alan S. Gold on 3/21/08. (md) (Entered: 03/21/2008)
Set Deadlines/Hearings per Order at DE 91: In Limine Motions due by 3/31/2008. Joint Pretrial Stipulation due by 3/31/2008. (bb) (Entered: 03/24/2008)
92 ORDER administratively closing case upon notice of settlement and terminating 68 Defendant's MOTION for Summary Judgment; all pending motions are denied as moot; Signed by Judge Alan S. Gold on 03/24/2008.(bs) (Entered: 03/24/2008)
93 Plaintiff's MOTION Entry of Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree# 2 Text of Proposed Order)(Vizcaino, Diana) (Entered: 03/27/2008)
94 ORDER granting 93 Motion entry of consent decree Signed by Judge Alan S. Gold on 3/31/2008. (tb) (Entered: 04/01/2008)

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