F' LE 0

IN THE UNITED STATES DISTRICT COURT 'JAN' -. ~612Gt2

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

DAVID W. DANiEL, CLERK

US DiSbtCT COURT, EDNC

BY _

DEP. CLERK

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)
) CIVIL ACTION NO. '7:02 -LV -05-1=1

)

v.

)

)

COMPLAINT

LIBERTY COMMONS NURSING

)

JURY TRIAL DEMAND

CENTER, INC.,

)

)

Defendant.

)

---------------------------------)

NATURE OF THE ACTION

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

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

appropriate relief to Maria Withey and other similarly situated female employees who were

adversely affected by the practices. The Commission alleges that Defendant Liberty Commons

Nursing Center, Inc. discriminated against Maria Withey and other similarly situated female

employees, including but not limited to Kimberly Allen, because of their sex, female, and

retaliated against Maria Withey for opposing unlawful discrimination.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,1331,1337,

1343 and 1345. This action is authorized and instituted pursuant to Section 706(f) (1) and (3) of

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

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

\

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of North Carolina.
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 of the Civil Rights Act and is expressly authorized to bring this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1). 4. At all relevant times, Defendant Liberty Commons Nursing Center, Inc. ("Defendant") has continuously been a North Carolina corporation doing business in the State of North Carolina and the City of Wilmington and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Maria Withey filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 1997, Defendant has engaged in unlawful employment practices at its facility located in Wilmington, North Carolina, in violation of Section 703 (a) (1) of Title VII, 42 U.S.C. § 2000e-2 (a) (1), as set forth below:
a. Defendant subjected Maria Withey and other similarly situated female employees, including but not limited to Kimberly Allen, to discrimination by subjecting them to a sexually hostile work environment based on their
2

sex. The sexual harassment included unwelcome sexual touching, comments, and advances by their supervisor. b. Defendant discharged Maria Withey and otherwise retaliated against her because she opposed the sexual harassment. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Maria Withey, Kimberly Allen and other similarly situated female employees, of equal employment opportunities and otherwise adversely affect their status as employees because of their sex. 9. The effect of the practices complained of in paragraph 7 above has been to deprive Maria Withey of equal employment opportunities and otherwise adversely affect her status as an employee because she opposed unlawful discrimination. 10. The unlawful employment practices complained of in paragraph 7 above were intentional. 11. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Marie Withey, Kimberly Allen and other similarly situated female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from sexual harassment or any other employment practice that discriminates on the basis of sex and from retaliating against employees who oppose unlawful discrimination or participate in an investigation of unlawful discrimination .
3

B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant to make whole Maria Withey by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement.
D. Order Defendant to make whole Maria Withey and other similarly situated female employees, including but not limited to Kimberly Allen, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above in amounts to be determined at trial.
E. Order Defendant to make whole Maria Withey and other similarly situated female employees, including but not limited to Kimberly Allen, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial.
F. Order Defendant to pay Maria Withey and other similarly situated female employees punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action. 4

JURY TRIAL DEMAND

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

~ DATED this

day of January, 2002.

Respectfully submitted,

GWENDOLYN YOUNG REAMS Associate General Counsel

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507

2 _". e'.·.'·,·,,···.:..-,·
-··'".-:((tl~?i ~ ...
LYNETTE A. BARNES Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, North Carolina 28202
~ Gkd
ZOE G. MAHOOD Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608 ATTORNEYS FOR PLAINTIFF
5

 
 ..- - -- - ..

_..~ .. ,...".

.~

.........
...

..... ~.

\\ '-

RECENEO UNITED STATES DISTRICT COURT

F ! .'. E 0

fttdl. EASTERN DISTRICT OF NORTH CAROLINA

J~\t3 OLWf-'

SOUTHERN DIVISION

fiR
fl 13 cl'OZ

O"'J\O~S~~NC\,E.L.CbCULR.EJRK

UES. O\S'T. Of NO. CA·

,.....

No.: 7:02-CV-05-Fl

DUA.VSEI..DDDIIWSS~~r'"):,4:~t~l!T.ECL;C.~(rC~?.ULRETRK

)

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

Plaintiff,

)

)

vs.

)

)

LIBERTY COMMONS NURSING )

CENTER, INC.,

)

Defendant.

)

-------------------------)

INTERVENOR-PLAINTIFF'S COMPLAINT
(MARIA A. WITHEy)

JURISDICTION AND VENUE
1. The Court has jurisdiction pursuant to 28 U. S. C. § 1331 to determine the claims of the Intervenor-Plaintiff, Maria A. Withey ("Withey"), of unlawful employment practices and discrimination proscribed by the provisions of Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. The Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 to determine Withey's claims under North Carolina law.
2. Venue in this District is proper pursuant to 42 U.S.C. § 2000e-(f)(3) in that the Defendants reside in this District and the events giving rise to Withey's claims occurred in this District.
INTRODUCTION
3. Withey is a citizen and resident of Wilmington, County of New Hanover and State of North Carolina.

4. The Defendant, Liberty Commons Nursing Center, Inc. ("the Defendant"), is a citizen and resident of Wilmington, County of New Hanover and State of North Carolina and, upon information and belief, has a place of business at 121 Racine Drive in Wilmington, North Carolina.
5. At all times relevant to the matters herein alleged, the Defendant has continuously been a North Carolina corporation doing business in the State of North Carolina and the County of New Hanover and has continuously had at least fifteen (15) employees.
6. On or about July 15, 1997 the Plaintiff was employed by the Defendant as the laundry housing supervisor at its facility in Wilmington, North Carolina.
7. During the period of her employment by the Defendant, Withey was repeatedly subjected to offensive, unwelcome and uninvited sexually based treatment and conduct by Charles Rutledge ("Rutledge"), who was an employee of the Defendant, the Plant Manager at its facility in Wilmington, North Carolina and Withey's immediate supervisor.
8. The conduct of Rutledge referred to in Paragraph 7 above consisted, among other things, of touching her breasts, placing his hand between her thighs, touching or rubbing her behind, repeatedly asking her for sex, telling or making sexual jokes, using explicit sexual language and promising favors in return for having sex with him.
9. Withey objected to Rutledge's offensive and abusive treatment by attempting to ignore his remarks, rejecting his invitations for sex, avoiding him when possible and repeatedly insisting that he cease the treatment.
10. Following her objections to Rutledge's treatment, Rutledge made the conditions of her employment worse and performance of her job more difficult than it had been before she objected by refusing to provide her with needed supplies and demeaning her in front of her subordinates.
2

11. After objecting to Rutledge about his treatment aforesaid and his retaliation for her objection to it, Withey complained and reported the treatment to Vicky Hollis who was an employee of the Defendant, an administrator of its facility in Wilmington and Rutledge's supervisor.
12. Following her complaints to the Defendant concerning the conduct of Rutledge aforesaid, Withey was reassigned by the Defendant to another position which was without supervisory authority and with a lower rate of pay than that of the job for which she was hired.
TITLE VII CLAIM DISCRIMINATION
13. Withey repeats and realleges each and every allegation contained in Paragraphs 1 through 12 of this Complaint as if they were fully set forth herein in their entirety.
14. At all times relevant to the matters herein alleged, the Defendant was an "Employer" within the meaning of that term as used in 42 U.S.C. § 2000e(b) and was engaged in a business affecting commerce within the meaning of 42 U.S.C. § 2000e(b), (g) and (h).
15. The Defendant subjected Withey, or knowingly allowed Withey to be subjected, to a sexually hostile work environment based on her gender and subjected her, or knowingly allowed her to be subjected, to discriminatory terms and conditions of employment based on her gender.
16. The effect of the unlawful employment practice engaged in by the Defendant has deprived Withey of equal employment opportunity and has otherwise affected her status as an employee because of her gender.
17. The unlawful employment practice engaged in by the Defendant was intentional.
3

18. The unlawful employment practice engaged in by the Defendant was done with malice or with reckless indifference to the federally protected rights of Withey.
19. More than 30 days prior to the institution of this civil action, Withey filed a Charge of Discrimination with the Equal Employment Opportunity Commission naming the Defendant and alleging the unlawful employment practices herein referred to in violation of the Title VII Civil Rights Act of 1964.
20. All conditions precedent to the filing of this Complaint by Withey in this lawsuit have been fulfilled.
21. By reason of the conduct of the Defendant hereinbefore alleged, Withey has suffered damages including: loss of wages, humiliation, mental suffering, pain and anguish.
TITLE VII RETALIATION
22. Withey repeats and realleges each and every allegation contained in Paragraphs 1 through 21 of this Complaint as if they were fully set forth herein in their entirety.
23. The Defendant discriminated against Withey because she opposed the unlawful employment practices hereinbefore alleged and sought remedial action which would correct and protect her against the adverse conditions of her employment created thereby.
24. By reason of the conduct of the Defendant hereinbefore alleged, Withey has suffered damages including: loss of wages, humiliation, mental suffering, pain and anguish.
4

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM
25. Withey repeats and realleges each and every allegation contained in Paragraphs 1 through 24 of this Complaint as if they were fully set forth herein in their entirety.
26. The conduct of Rutledge hereinbefore alleged and described was outrageous and intolerable in that offends against generally accepted standards of decency and morality and involved uninvited and unwelcome insults and gross indignities.
27. Said conduct of Rutledge was intentional or was engaged in with reckless disregard for Withey's rights and for the emotional distress which such insulting and humiliating conduct naturally would and did inflict upon Withey.
28. Said conduct of Rutledge caused Withey to suffer severe and disabling emotional harm and distress.
29. Said conduct of Rutledge and Withey's objections thereto were reported and known to the Defendant and the Defendant did not take reasonable care to prevent or correct promptly said conduct or to protect or prevent harm to her.
30. The Defendant by its own conduct ratified the conduct of Rutledge.
JURy TRIAL
31. Withey demands a jury trial.
WHEREFORE, Withey prays the Court that she have and recover of the Defendant as follows:
1. Damages;
2. Punitive Damages;
5

3. Interest; 4. Attorney's Fees; 5. Costs; and 6. Such further or other relief as the Court may deem just and proper. This the 30th day of January, 2002.
By: Charles M. Tighe, Esq. NC State Bar No. 18654 3173 Wrightsville Avenue P.O. Box 1648 Wilmington, NC 28402 Tel: (910) 251-0020 Fax: (910) 251-2524 --------Her Attorney--------
6

VERIFICATION

STATE OF NORTH CAROLINA ) ) ss
COUNTY OF NEW HANOVER )

Wilmington January 30, 2002

I, MARIA A. WITHEY, of Wilmington, North Carolina, being duly sworn, depose and say that: the foregoing Complaint is made by me and I know the contents thereof, and the same is true of my own knowledge, except as to those matters stated therein upon information and belief, and as to those I believe them to be true.

Subscribed and sworn to before me this 30th day of January, 2002.
[SEAL] My commission expires: May 31, 2004
7

CERTIFICATE OF SERVICE
A copy of the foregoing Motion to Intervene (Maria A. Withey), the Intervenor-Plaintiffs Complaint (Maria A. Withey) and this Certificate of Service were served this date upon the Plaintiff and the Defendant by depositing the same, postage prepaid, Certified Mail, return receipt requested, with the United States Postal Service, properly addressed to their attorney of record as follows:
Zoe Mahood, Trial Attorney Equal Employment Opportunity Commission Raleigh Area Office 1309 Annapolis Drive Raleigh, North Carolina 27608-4064
William Joseph Austin, Jr., Esq. Ward and Smith, P.A. 1001 College Court Post Office Box 867 New Bern, NC 28563-0867 Attorney for Liberty Commons Nursing Center, Inc.
This the 30th day of January, 2002.
Charles M. Tighe, Es

 
 t
r"RECEIVED

fEB 2 1 2003

IN THE UNITED STATES DISTRICT COURT

. ~D ;prre- -I ,•

f,

,

DAVID W. DAN'EL, CLER{)R THE EASTERN DISTRICT OF NORTH CAROLINA

,

US DISTRICT COURT E. 015T. OF NO. CAR.

SOUTHERN DIVISION CIVIL ACTION NO. 7:02-CV-05-Fl

EQUAL EMPLOYM~1 OPPORTUNITY )

COMMISSION,

t\

)

FEB 2G 2003

D \" / ~

r.., \l! ..- J IJ '1'"-

elE"\! " , L; II., , : / ",., ['-.

t\ f\

U '1' COURT . -r:>.

~r,

I ('... ,j , i

, I 'J

"'l (\ ;-,/0" AK • ~~, ,J .J:, I .. ,J 'j

~

\i

)

"

Plaintiff,

)

)

and

)

)

MARIA E. WITHEY,

)

)

Plaintiff-Intervenor

)

)

v.

)

)

LIBERTY COMMONS NURSING

)

CENTER, INC.

)

)

Defendant.

)

)

CONSENT DECREE The Equal Employment Opportunity Commission (the "Commission") instituted this action seeking relief for Maria Withey and Kimberly C. Allen, pursuant to Section 706(f)( 1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(I) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a. The Commission, the Plaintiff-Intervenor, Maria E. Withey, and the Defendant, Liberty Commons Nursing Center, Inc., ("Defendant"), hereby stipulate to jurisdiction of the Court over the parties and agree that the subject matter of this action is properly before the Court. The parties desire to resolve this action without the burden, expense, and delay of contested litigation.

It is therefore the finding of this Court, made on the submissions of the parties, that: (1) the court has jurisdiction over the parties and the subject matter of this action; (2) the purpose and provisions of Title VII will be promoted and effectuated by the entry of the Consent Decree; and (3) this Consent Decree resolves all matters in controversy between the parties as provided in paragraphs 1 through 15 below.
It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. Defendant shall not discriminate against any employee on the basis of sex, including sexual harassment, or any other protected category within the meaning of Title VII of the Civil Rights Act of 1964. 2. Defendant shall not discriminate or retaliate against any person because of opposition to any practice made unlawful under Title VII of the Civil Rights Act of 1964, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any investigation, proceeding or hearing under that statute. 3. Defendant agrees to pay the sum of Forty-Five Thousand Dollars ($45,000.00) to Charging Party Maria Withey. Defendant shall make payment by issuing a check payable to Plaintiff-Intervenor's counsel, Charles M. Tighe, Trustee. Payment shall be made within fifteen (15) days after entry of this Consent Decree by the Court, and Defendant shall mail the check to her counsel at the address ofrecord in this proceeding. Within ten (10) days after the check has been sent, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte, N.C. 28202, a copy of the check and proof of its delivery to counsel for the PlaintiffIntervenor.
NBMAIN\525037\1

4. Defendant agrees to pay the sum of five thousand dollars ($5,000.00) to Kimberly C. Allen, in settlement of the claims raised on her behalf in this action. Defendant shall make payment by issuing a check payable to Kimberly C. Allen. Payment shall be made within fifteen (IS) days after entry of this Consent Decree by the Court, and Defendant shall mail the check to Ms. Allen at the address provided by the Commission. With ten days after the check has been sent, Defendant shall mail to Mindy E. Weinstein, Regional Attorney, Equal Employment Opportunity Commission, 129 W. Trade Street, Suite 400, Charlotte N.C., 28202, a copy of the check and proof of its delivery to Kimberly C. Allen.
5. Defendant agrees to eliminate from the employment records of Maria Withey any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 14A980044 and the related events that occurred thereafter.
6. Defendant agrees to eliminate from the employment records of Kimberly C. Allen any and all documents, entries, or references of any kind relating to the facts and circumstances which led to the filing of EEOC Charge Number 14A980044 and the related events that occurred thereafter.
7. Defendant shall institute and implement an anti-discrimination policy. During the term of this Consent Decree, Defendant shall provide an annual training program to all of its managers, supervisors and employees at its facility in Wilmington, North Carolina. Each training program shall include an explanation of the requirements of Title VII of the Civil Rights Act of 1964, and its prohibition against sex discrimination in the workplace, including sexual harassment and retaliation. Each training program shall also cover Defendant's anti-
3

discrimination policy and an explanation of the rights and responsibilities of employees and managers under the policy. The first training program shall be completed within ninety (90) days after entry of this Consent Decree by the Court. Each subsequent training program shall be conducted at approximately one-year intervals. Within ten (10) days after completion of each training program, Defendant shall certify to the Commission the specific training which was undertaken and shall provide the Commission with a roster of all employees in attendance.
8. During the term of this Consent Decree, Defendant shall conspicuously post the attached Employee Notice, marked Appendix A, hereby made a part of this Decree, in a place where it is visible to employees at its Wilmington, North Carolina facility. Ifthe Notice becomes defaced or unreadable, Defendant shall replace it by posting another copy of the Notice.
9. Defendant agrees to provide the Commission with semi-annual reports during the term of this Consent Decree. The reports shall include the following information: (a) the identities of all individuals who have complained of sexual harassment at Defendant's Wilmington, North Carolina facility including by way of identification each person's name, sex, position and social security number; (b) a detailed statement of the individual's complaint; (c) the identity of the alleged harasser; and (d) what action was taken in response to the individual's complaint. Defendant shall submit the reports to the Commission four (4) months after the date of entry of this Consent Decree and every six months thereafter during the term of this Decree.
10. Defendant agrees to file with the Commission the appropriate EEO-l form within ninety (90) days after the entry of this Consent Decree by the Court.
4

11. Defendant agrees that the Commission may review compliance with this Consent Decree. As part of such review, the Commission may inspect Defendant's Wilmington, N.C. premises, interview employees and examine and copy documents.
12. If at anytime during the term of this Consent Decree, the Commission believes that Defendant is in violation ofthe Decree, the Commission shall give notice of the alleged violation to Defendant. Defendant shall have ten (10) days in which to investigate and respond to the allegations. Thereafter, the parties shall then have a period often (10) days or such additional period as may be agreed upon by them, in which to engage in negotiation and conciliation regarding such allegations before the Commission exercises any remedy provided by law.
13. The term ofthis Consent Decree shall be for three (3) years from its entry by the Court.
14. Each party shall bear its own costs and attorney's fees. 15. This Court shall retain jurisdiction of this cause for purposes of monitoring compliance with this Consent Decree and entry of such further orders as may be necessary or appropriate.
District of North Carolina
5

The parties jointly request that the Court approve and enter this Consent Decree:
LIBERTY COMMONS NURSING CENTER, INC.
WARD & SMITH, P.A. 1001 College Court P.O. Box 867 New Bern, N.C. 28563-0867
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION GWENDOLYN YOUNG REAMS Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 "L" Street, N.W. Washington, D.C. 20507
By: ~.ttst~
Regional Attorney LYNETTE A. BARNES Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 129 W. Trade Street, Suite 400 Charlotte, N.C. 28201
By: ~ M~Of:- ~
Trial Attorney 6

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1309 Annapolis Drive Raleigh, N.C. 27608
Highwood Park Plaza 3173 Wrightsville Avenue Wilmington, N.C. 28401
7

IN ~ ~E UNITED STATES DISTRICT CL ~RT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LIBERTY COMMONS NURSING

)

CENTER INC.,

)

)

Defendant.

)

)

CIVIL ACTION NO. 7:02-CV-05-Fl

NOTICE TO EMPLOYEES

This Notice is being posted pursuant to a Consent Decree entered in the above-styled case. Federal law prohibits discrimination against any employee or applicant for employment because of the individual's sex, race, color, religion, national origin, disability or age (40 and over) with respect to hiring, promotion, discipline, firing, compensation, or other terms, conditions or privileges of employment. Federal law also prohibits retaliation against any employee or applicant for employment because the individual has opposed discriminatory employment practices.

Liberty Commons Nursing Center, Inc. ("Liberty Commons") supports and will comply with such federal law in all respects and will not discriminate against any employee because of their sex. Additionally, Liberty Commons will not take any action against employees because of their race, color, religion, national origin, disability or age, or because they have exercised their rights under the law.

Liberty Commons has adopted an equal employment opportunity policy and will ensure that all management, supervisors, and other employees abide by the requirements of that policy. Liberty Commons has taken, and will continue to take all actions required by the United States District Court, including the grant of monetary relief to aggrieved individuals, and the posting of this notice.

If you believe that you have been discriminated against based on your sex, you should report the discriminatory conduct promptly to Liberty Commons, or to the U.S. Equal Employment Opportunity Commission.

This Notice will remain posted for at least three (3) years by agreement with the U.S. Equal Employment Opportunity Commission.

=D~O:.....!N,-,-O==T-",RE=M==O-!.V-",=E~T",-!H=I=S,-,N,-,-O==T~IC=E~U-"-,N,-",T,"",,IL~:,--_ _ _ _ _ _ _ _ _ _, 2004.

Date

for Liberty Commons Nursing Center, Inc.

EXHIBIT A

 
 CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?953356246427981-L_3...

CLOSED, Jury Trial, USMJ_Mason
U.S. District Court EASTERN DISTRICT OF NORTH CAROLINA (Southern Division)
CIVIL DOCKET FOR CASE #: 7:02-cv-00005-F

Equal Employment Opp v. Liberty Commons Nurs Assigned to: Judge James C. Fox Demand: $0 Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 01/08/2002 Date Terminated: 02/26/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Zoe G. Mahood E.E.O.C. 1309 Annapolis Dr. Raleigh, NC 27608 919-856-4080 Fax: 919-856-4156 Email: zoe.mahood@EEOC.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Maria A. Withey

represented by Charles M. Tighe 5725 Oleander Dr. Suite E-3 Oleander Oaks Wilmington, NC 28403 910-794-4444 Fax: 794-4244 Email: qbeeive@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Liberty Commons Nursing Center, Inc.

represented by John L. Coble Marshall, Williams & Gorham PO Drawer 2088 Wilmington, NC 28402-2088 910-763-9891 Fax: 343-8604 Email: jlc@mwglaw.com TERMINATED: 04/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 5

6/5/2007 1:41 PM

CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?953356246427981-L_3...

Intervenor Defendant Liberty Commons Nursing Center, Inc.

William Joseph Austin, Jr. Ward and Smith, P.A. P. O. Box 2091 Raleigh, NC 27602-2091 919-836-4268 Fax: 836-4277 Email: wja@wardandsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John L. Coble (See above for address) TERMINATED: 04/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Joseph Austin, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Joseph Austin, Jr. (See above for address) ATTORNEY TO BE NOTICED

Date Filed 01/08/2002 01/08/2002 01/30/2002 01/30/2002 02/14/2002
02/20/2002 02/20/2002
02/28/2002

#

Docket Text

1 Complaint filed JURY TRIAL DEMANDED (se) (Entered: 01/09/2002)
(se) (Entered: 01/09/2002)
2 Motion by Maria A. Withey to intervene by Maria A. Withey with proposed intervenor-plaintiff's complaint attached (se) (Entered: 01/30/2002)
3 Memorandum by Maria A. Withey in support of [2-1] motion to intervene by Maria A. Withey (se) (Entered: 01/30/2002)
4 Waiver of Service Returned Executed as to Liberty Commons Nursing Center 1/8/02 Answer due on 3/9/02 for Liberty Commons Nursing Center (se) (Entered: 02/19/2002)
5 Response by Liberty Commons Nursing Center in opposition to [2-1] motion to intervene by Maria A. Withey (se) (Entered: 02/20/2002)
6 Notice of Filing by Liberty Commons Nursing Center of the affidavit of James Steele in support of the response to pltf's motion to intervene located at docket entry [5-1]. (se) (Entered: 02/20/2002)
7 Reply by Equal Employment Opportunity to response to [2-1] motion to intervene by Maria A. Withey (se) (Entered: 03/01/2002)

2 of 5

6/5/2007 1:41 PM

CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?953356246427981-L_3...

03/01/2002 03/04/2002 03/08/2002 03/13/2002 03/13/2002 04/02/2002 04/03/2002 05/03/2002 05/06/2002 05/09/2002 05/09/2002
06/10/2002 06/11/2002 07/01/2002 07/01/2002 08/27/2002

Motion(s) referred: referred [2-1] motion to intervene by Maria A. Withey to USMJ William N. Mason (se) (Entered: 03/01/2002)
Motion(s) submitted: [2-1] motion to intervene by Maria A. Withey submitted to Senior Judge James C. Fox for consideration. (fdc) (Entered: 03/04/2002)
8 Answer to Complaint by Liberty Commons Nursing Center, Inc. (se) (Entered: 03/13/2002)
9 Order granting [2-1] motion to intervene by Maria A. Withey signed by Senior Judge James C. Fox. OB Ref: FOXOB#25, pg. 164, cc:counsel. (se) (Entered: 03/13/2002)
10 Intervenor's complaint by Maria A. Withey against Liberty Commons Nursing Center, Inc., cc:counsel first page of this pleading to indicate the file date (se) (Entered: 03/13/2002)
11 Answer by Liberty Commons Nursing Center to [10-1] intervenor complaint (se) (Entered: 04/02/2002)
12 Request for Discovery Plan: Discovery Plan due by 5/17/02 (se) (Entered: 04/03/2002)
13 Discovery Plan filed by Equal Employment Opp, Liberty Commons Nurs, Maria A. Withey (se) (Entered: 05/06/2002)
Case submitted to: USMJ William N. Mason [13-1] discovery submitted for an order on scheduling. (se) (Entered: 05/06/2002)
CASE FILE RETURNED from: USMJ William N. Mason (se) (Entered: 05/09/2002)
14 Order on Scheduling by Magistrate William N. Mason setting Discovery cutoff 12/16/02 Deadline for filing of all motions 1/16/03 Jury Trial scheduled for 6/23/03 before Judge James C. Fox Place: Wilmington, NC, cc:counsel, S. Enyart, C. Morgan, S. Cannon (se) (Entered: 05/09/2002)
15 Motion by Liberty Commons Nursing Center, Inc. to extend time to respond to EEOC's first request for production of documents and first request for admissions with consent and a proposed order. (se) (Entered: 06/11/2002)
16 Order granting [15-1] motion to extend time to respond to EEOC's first request for production of documents and first request for admissions signed by Susan Enyart, Deputy Clerk. CC:counsel. (se) (Entered: 06/11/2002)
17 Motion by Liberty Commons Nursing Center to amend [8-1] answer, [11-1] intervenor answer by adding affirmative defenses (se) (Entered: 07/01/2002)
18 Memorandum by Liberty Commons Nursing Center, Inc. in support of [17-1] motion to amend [8-1] answer, [11-1] intervenor answer by adding affirmative defenses (se) (Entered: 07/01/2002)
19 Joint Motion by Equal Employment Opp, Liberty Commons Nursing, Maria A. Withey to amend [14-1] Scheduling order in order to extend time to designate experts. All parties consent to motion. Proposed order attached. (fdc) (Entered: 08/27/2002)

3 of 5

6/5/2007 1:41 PM

CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?953356246427981-L_3...

08/27/2002 08/29/2002
08/29/2002 09/04/2002 09/04/2002 09/04/2002 09/04/2002 12/13/2002
12/13/2002 12/20/2002
12/26/2002 01/07/2003 01/07/2003 01/31/2003

Motion(s) referred: referred [19-1] motion to amend [14-1] Scheduling order to USMJ William N. Mason for review and consideration. (fdc) (Entered: 08/27/2002)
20 Order granting [17-1] motion to amend [8-1] answer, [11-1] intervenor answer by adding affirmative defenses ; The deft. is ordered to file their amended answer to both the complaint and the intervenor-pltf complaint within 10 days of filing of this order. Response to Order due 9/12/02 signed by USMJ William N. Mason. OB Ref: MASONOB#5, pg. 169, cc:counsel. (se) (Entered: 08/29/2002)
21 Order granting [19-1] motion to amend [14-1] Scheduling order signed by USMJ William N. Mason. OB Ref: MASONOB#5, pg. 170, cc:counsel. (se) (Entered: 08/29/2002)
22 Document filed by defendant Liberty Commons Nursing titled: Notice of Amended Answer to Intervenor-Plaintiff's Complaint (se) Modified on 09/06/2002 (Entered: 09/06/2002)
23 Amended Answer to Complaint by Liberty Commons Nursing : amends [11-1] intervenor answer (se) (Entered: 09/06/2002)
24 Document filed by defendant Liberty Commons Nursing titled: Notice of Amended Answer to Plaintiff's Complaint (se) (Entered: 09/06/2002)
25 Amended Answer to Complaint by Liberty Commons Nursing : amends [8-1] answer (se) (Entered: 09/06/2002)
26 Joint motion by Equal Employment Opp, Liberty Commons Nurs, Maria A. Withey to amend [14-1] Scheduling order by extending the discovery period and the date for filing dispositive motions with a proposed order (se) (Entered: 12/13/2002)
Motion(s) referred: referred [26-1] joint motion to amend [14-1] Scheduling order by extending the discovery period and the date for filing dispositive motions to USMJ William N. Mason (se) (Entered: 12/13/2002)
27 Order granting [26-1] joint motion to amend [14-1] Scheduling order by extending the discovery period and the date for filing dispositive motions, reset discovery due for 1/15/03 , reset motion filing deadline for 1/14/03 signed by USMJ William N. Mason. OB Ref: MASONOB#5, pg. 207 cc:counsel. (se) (Entered: 12/20/2002)
28 Document filed by defendant Liberty Commons Nursing Center titled: Subpoena in a Civil Case (se) (Entered: 01/07/2003)
29 Motion by Liberty Commons Nurs to compel , and for sanctions (le) (Entered: 01/08/2003)
30 Memorandum by Liberty Commons Nurs in support of [29-1] motion to compel, [29-2] motion for sanctions (le) (Entered: 01/08/2003)
31 Renewed Motion by Liberty Commons Nursing to compel , and for sanctions with supporting memoranda included within the motion (se) (Entered: 01/31/2003)

4 of 5

6/5/2007 1:41 PM

CM/ECF - NCED - Docket Report

https://ecf.nced.uscourts.gov/cgi-bin/DktRpt.pl?953356246427981-L_3...

02/20/2003 02/20/2003 02/21/2003 02/21/2003 02/26/2003 02/26/2003
02/26/2003 03/25/2003

Letter From: William Joseph Austin, Jr. advising the court that the parties have settled this matter. (se) (Entered: 02/21/2003)
Informed by counsel that case has settled (se) (Entered: 02/21/2003)
Received the parties proposed consent decree. Will forward to Judge Fox for review and consideration. (se) (Entered: 02/21/2003)
Case submitted to: Senior Judge James C. Fox for review and consideration of the parties proposed consent decree. (se) (Entered: 02/21/2003)
CASE FILE RETURNED from: Senior Judge James C. Fox (se) (Entered: 02/26/2003)
32 Consent Order (Consent Decree); see order/decree for particulars; signed by Senior Judge James C. Fox. OB Ref: FOXOB#27, pg. 224, cc:counsel. (se) (Entered: 02/26/2003)
Case closed NP (se) (Entered: 02/26/2003)
33 Stipulation of dismissal with prejudice. CC:Senior Judge James C. Fox. (se) (Entered: 03/26/2003)

PACER Service Center

Transaction Receipt

06/05/2007 14:43:36

PACER Login: hs0328

Client Code: eeoc

Description:

Docket Report

Search Criteria: 7:02-cv-00005-F

Billable Pages: 3

Cost:

0.24

5 of 5

6/5/2007 1:41 PM