FILED

IN THE UNITED STATES DISTRICT COURT

SEP f 7

FOR THE DISTRICT OF SOUTH DAKOTA, WESTERN DIVISION

ZOO3

~

Civil Action No.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

v. NORTH CENTRAL SUPPLY, INC.

Plaintiff,

Defendant.

COMPLAINT AND JURY TRIAL DEMAND

NATURE OF THE ACTION

This action arises under Title VII of the Civil Rights Act of 1964 ("Title VII"), as

amended, to COlTect unlawful employment practices on the basis of sex (pregnancy) and to

provide appropriate relief to Sami M. Martinez ("Martinez"), a fonner employee of Defendant,

North Central Supply, Inc. As set fOlth below, the EEOC alleges that Defendant unlawfully

tenninated Martinez because of her pregnancy, in violation of Section 703(a) of Title VII, 42

U.s.c. § 2000e-2(a).

JURISDICTION AND VENUE

1.

Jurisdiction oftlns Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,

1343 and 1345. This action is authorized and instituted pursuant to 706(t)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e-5(t)(1) and (3), and Section 102

of the Civil Rights Act of 1991, 42 U.S.c. § 1981(A).

2. The alleged unlawful employment practices were cOlmrntted within the jurisdiction

of the United States District Court for the District of South Dakota, Westem Division.

PARTIES

3.

Plaintiff, Equal Employment Opportunity COlmnission (the "Commission"), is an

agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII and is expressly authorized to bring trus action by 706(t)(1) of Title VII,

42 U.S.c. § 2000e-5(t)(I).

4. At all relevant times, Defendant, North Central Supply, Inc., has continuously been

a South Dakota corporation doing business in the State of South Dakota and has continuously

had at least fIfteen employees. Defendant is engaged in the business of manufacturing building

parts and supplying construction hardware.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting COlmnerce with.in the meaning of Section 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 trus lawsuit, Martinez fIled a

charge with the COlmrnssion alleging violations of Title VII by Defendant. All conditions

precedent to the institution of this lawsuit have been fulfilled.

7. On or about December 10,2001, Defendant engaged in unlawful employment

practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.c. § 2000e-2(a)(l), by

discharging Martinez because of her pregnancy.

8, Martinez was initially hired by Defendant in Rapid City, South Dakota, as a finish out technician,
9, Martinez was initially hired by Defendant in May 2001. 10, On or about November 27, 2001, Martinez became ill and left the Defendant's premises, 11. On or about November 28,2001, Kay Bull Bear (Bull Bear) called Defendant and told Defendant that Martinez would not retum to work until she felt better, 12, Bull Bear called Defendant on a second occasion to say that Martinez was sick and could not work and would not retum to work until she felt better. [3, On or about December 7,2001, Martinez leamed fi'om a co-worker, Shawn Nichols, that she had been terminated. 14. On or about December 10, 2001, Martinez spoke to her supervisor, Mike Titus (Titus), who told her that she had not been tenninated and that the employee who told her that she had been tenninated was disciplined. 15, On or about December 10, 2001, Titus told Martinez that she could retum to work and then asked if the rumors of Martinez' pregnancy were true, 16. On or about December 10,2001, Martinez told Titus that she was pregnant mld Titus stated, ""that changes every1hing," 17, After learning of Martinez' pregnmlcy on or about December 10, 2001, Titus advised Martinez that he did not have a position available for her mid that she should check back with Defendant after the birth of her child. 18, Because of Martinez' pregnancy, Defendant denied her equal employment opportunities mld otherwise adversely affected her statns as an employee.

19. As a result of Defendant's wrongful termination of Martillez' employment, Mmtinez has suffered damages, including but not limited to emotional distress, lost eamings and benefits, and medical andjob search expenses, in amounts subject to proof.
20. The unlawful employment practices complained of in the foregoing paragraphs were intentional, or were committed with reckless disregard for Martinez' federally protected rights.
PRAYER FOR RELIEF Wherefore, the Connnission respectfully requests that this Court:
A. Grant a permanent injullction enjoining the Defendant, its officers, successors, assigns mId all persons in active concert or participation with it, from engaging in mly employment practice which discriminates on the basis of pregnancy.
B. Order the Defendmlt to institute and carry out policies, practices and programs which provide equal employment opportunities for pregnant employees, mId which eradicate the effects of its past mId present unlawful employment practices.
C. Order the Defendant to make whole Martinez, by providing appropriate back pay with prejudgment interest, Ul amounts to be proved at trial, and other affmnative and equitable relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, rightful-place reinstatement of Martinez, or front pay where appropriate.
D. Order the Defendant to make whole Martinez, by providing compensation for past, mId future pecuniary losses, including but not limited to job sem'eh expenses and medical expenses incurred as a result of the unlawful employment practices described above, in mnounts to be determined at trial.
E. Order the Defendant to make whole Mmtinez, by providing compensation for past

and future nonpecuniary losses resulting from the unlawful practices complained of above,
including emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in
amounts to be detennined at trial
G. Grant such further relief as the Court deems necessary and proper.
H. Award the COlllil1ission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Dated: September 16, 2003
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JOSEPH H. MITCHELL
Regional Attomey
NANCY A. WEEKS Supervisory Trial Attorney
&7I,;;j~
AIm L. Fuller Trial Attomey (303) 866-1319
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Denver District Oftice 303 East 17th Avenue, Suite 510 Denver, CO 80203
PLEASE NOTE: It is sufficient for purposes of service on the

 
 iHb

UNITED STATES DISTRICT COURT

FILED

DISTRICT OF SOUTH DAKOTA WESTERN DIVISION

NOV 24 2003

EQUAL EMPLOYMENT OPPORTUNITY )

~y\ - \
C ) ~~'=RK
CIV. NO: 03-5091

COMMISSION AND SAMI MARTINEZ, ) )

Plaintiffs,

)

vs.

)

MARTINEZ' COMPLAINT

) AND DEMAND FOR JURY TRIAL

NORTH CENTRAL SUPPLY, INC.,

)

)

Defendant.

)

Sami Martinez through Donald P. Knudsen of Gunderson, Palmer, Goodsell & Nelson,

L.L.P., her attorneys, for her Complaint states as follows:

JURISDICTION AND VENUE

1. At all times relevant to the Complaint Martinez was a citizen of the United States

residing in Rapid City, Pennington County, South Dakota.

2. On information and belief, Martinez avers that at all times relevant to this

Complaint, Defendant was a South Dakota Corporation having its principal place of business in

Rapid City, Pennington County, South Dakota.

3. Among other allegations, this Complaint asserts a violation of Martinez' federally

protected statutory rights, specifically, the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e-5(f)(l) and (3), and § 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981(A).

Therefore, this Court has jurisdiction over the Complaint pursuant to 28 U.S.C. § § 1331 and

1343 (a)(4).

4. Venue in the United States District Court for the District of South Dakota,

Western Division, is appropriate because it is the venue where the Defendant resides, and it is the

venue in which the events giving rise to the claim occurred. 28 U.S.c. § 1391(b).

Doc# 291377vl, 6530-020097

PARTIES 5. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by 706(f)(1) of Title VII, 42 U.S.C. § 2000e-5(f)(1). 6. At all relevant times, Defendant, North Central Supply, Inc., has continuously been a South Dakota corporation doing business in the State of South Dakota and has continuously had at least fifteen employees. Defendant is engaged in the business of manufacturing building parts and supplying construction hardware. 7. Sami Martinez was formerly employed by Defendant.
COUNT!. 8. Martinez was hired by Defendant in May 2001. 9. On or about November 27, 2001, Martinez became ill and left work. 10. On or about November 28, 2001, Martinez had a relative call Defendant to advise that she was ill and would not be at work that day. 11. On or about November 29, 2001, Defendant was told that Martinez was still ill, could not work, and would not return to work until she felt better. 12. On approximately December 7, 2001, Martinez learned that her employment with Defendant had been terminated. 13. On or about December 10,2001, Martinez spoke with her supervisor. Her supervisor advised her that her employment had not been terminated. Her supervisor then asked if rumors regarding her pregnancy were true. Martinez told the supervisor that she was pregnant.

Doc# 291377vI, 6530-020097

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14. After learning that Martinez was pregnant, her supervisor told Martinez that there was no employment available for her at that time and that she should check back with Defendant after her pregnancy terminated.
15. Defendant's motivation for terminating Martinez' employment, or in the alternative, Defendant's motivation for not permitting Martinez to return to work, was Martinez' pregnancy.
16. Defendant's conduct violated Martinez' civil rights protected under the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3), and § 102 of the Civil Rights Actof1991, 42 U.S.C. § 1981(A).
17. Defendant's wrongful conduct was committed intentionally or with reckless disregard to Martinez' statutorily protected rights.
18. Defendant's wrongful conduct was the legal cause of Martinez' damages including but not limited to emotional distress, lost earnings and benefits, and other consequential and incidental damages in an amount to be determined by the jury.
COUNT II. 19. All of the averments stated in paragraphs 1-18 above are incorporated herein by this reference. 20. Defendant's wrongful conduct violated Martinez' human rights as protected by SDCL 20-13-10. 21. Defendant's violation ofSDCL 20-13-10 caused Martinez damages as described in paragraph 18.

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COUNT III. 22. All of the averments stated in paragraphs 1-21 above are incorporated herein by this reference. 23. Defendants wrongfully terminated Martinez' employment in violation of public policy as defined by Title VII and South Dakota Ch. 20-13. 24. Defendants' wrongful termination of Martinez' employment caused Martinez damages as described in paragraph 18, above.
COUNTrv 25. All of the averments stated in paragraphs 1-24 above are incorporated herein by this reference. 26. Defendant's conduct as described in this Complaint intentionally, recklessly or negligently inf1icted severe emotional distress on Martinez. 27. As a result of the Defendant's intentional, reckless or negligent infliction of emotional distress, Martinez has suffered damages as described in paragraph 19, above.
PRA YER FOR RELIEF Wherefore, Martinez respectfully requests the Court to award the following relief:
A. Award Martinez damages including but not limited to back pay, prejudgment interest, front pay, compensation for past and future economic damages, and compensation for past and future non-economic damages.
B. Award punitive damages; C. Award Martinez' costs and attorneys fees; and D. Award such other relief as is appropriate under the circumstances.

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JURY TRIAL DEMAND Martinez requests a jury trial on all questions of fact raised by the Complaint. Respectfully submitted this 24th day of November 2003.
, PALMER, GOODSELL N,LLP
Attorney for Plaintiff Sami Martinez 440 Mt. Rushmore Road, Fourth Floor P.O. Box 8045 Rapid City, SD 57709-8045 (605) 342-1078

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CERTIFICATE OF SERVICE
I hereby certify that on the 24th day of November 2003, I sent by first-class United States
Mail, postage prepaid, a true and correct copy of Martinez' Complaint and Demand for Jury
Trial to:
Ronald Colerick, Registered Agent North Central Supply, Inc. 904 E. St. Andrew Street Rapid City, SD 57701

John Nooney Thomas, Nooney, Braun, Solay & Bernard PO Box 8108 Rapid City, SD 57709

Ann Fuller
Equal Employment Opportunity Commission Denver District Office
303 East 1i h Avenue, Suite 510
Denver, CO 80203

GUNDE~ON, PALMER, GOODSELL

¥TE,LSON, LL! ~

,I

/ I

I
.

. .

,

,

Ooc# 2913 77v I, 6530-020097

6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
Civil Action No. 03-5091 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and SAMI MARTINEZ,
Plaintifffintervenor,
v.
NORTH CENTRAL SUPPLY, INC., Defendant.
CONSENT DECREE
I. RECITALS 1. This matter was instituted by Plaintiff, Equal Employment Opportunity Commission ("Commission" or "Plaintiff' or "EEOC"), an agency of the United States, alleging that Defendant North Central Supply discriminated against Sami Martinez because of her sex and pregnancy, in violation of Section 703(a) of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.c. § 2000e-2(a).

2. The Commission and Defendant, desiring to settle this action by an appropriate Consent Decree ("Decree"), agree to the jurisdiction of this Court over the parties and the subject matter of this action, and agree to the power of this Court to enter a Consent Decree enforceable against Defendant.
3. This Decree is final and binding upon the parties as to the issues resolved, as well as upon their successors and assigns.
4. The parties agree that this Consent Decree fairly resolves the issues alleged in this lawsuit, and constitutes a complete resolution of all of the Commission's claims of unlawful employment practices under Title VII that were made or could have been made in this action.
5. This agreement, being voluntarily entered into by the Parties as a result of private bargaining, shall not constitute an admission of any violation of law or an adjudication of the merits ofthe case.
6. For the purpose of amicably resolving disputed claims, the Defendant joins with the Commission in requesting this Court to adjudge as follows:
IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: II. JURISDICTION
7. The parties stipulate to the jurisdiction ofthe Court over the parties and subject matter of this action, and have waived the entry of findings of fact and conclusions oflaw.
8. The duration of this Decree shall be five years from the date of signing by the Court, subject to the reporting provisions at Section IV(C).
III. ISSUES RESOLVED 9. This Decree resolves and releases all of the EEOC's claims for damages arising out of the issues and claims set forth in Civil Action No. 03-5091.
2

personnel pursuant to this paragraph, said interviews shall be scheduled with due regard to the convenience of the individual to be interviewed.
14. Each party shall bear its own costs in conjunction with the maintenance of records, preparation of any report, access or copying of records, or interviews of employees.
15. Defendant shall provide semi-annual reports for each six month period following the date the Court signs the Decree. The reports shall be due thirty days following the end of the respective six month period, except the final report which shall be submitted to the Commission two weeks prior to the date on which the Consent Decree is to expire.
16. Each report shall provide the following information: 16.1 The name, address and telephone number of each person, if any, making a complaint of gender discrimination to the Defendant or to any federal, state, or local government agency; the date of the complaint, and the name of the individual(s) who allegedly engaged in the discriminatory conduct; 16.2 A brief summary of each complaint, including the date of the complaint, the name of the individual(s) who allegedly engaged in the discriminatory conduct, the Defendant's response to the complaint, the name of the person who investigated or responded to the complaint, and what, if any resolution was reached; 16.3 Copies of all documents memorializing or referring to the complaint, investigation, and/or resolution thereof. 16.4 In the event that no complaints of gender discrimination have been made during the time period of any semi-annual report, the Defendant shall then 4

provide a report which states that there have been no complaints made during said time frame. C. Posting of Notice 17. Within five business days ofthe entry of this Consent Decree, Defendant shall post in a conspicuous place in each of its facilities, where notices to employees and applicants for employment are customarily kept or posted, the Notice attached as Attachment A to this Decree. The Notice shall remain posted for the duration of this Decree. If the Notice becomes defaced or illegible, Defendant will replace it with a clean copy. Defendant shall certify to the Commission, in writing, within twenty (20) days of entry of this Decree that the Notice has been properly posted. D. GenderlPregnancy Discrimination Policy 18. Defendant shall adopt or maintain a policy prohibiting discrimination based on sex or pregnancy, and proscribing retaliation against any employee who complains about gender or pregnancy discrimination. ("Discrimination Policy"). For the duration of this Decree, Defendant shall post in a conspicuous place in each of its facilities, where notices to employees and applicants for employment are customarily kept or posted, a copy of the Discrimination Policy. For the duration of this Decree, Defendant shall provide each employee a copy of the Discrimination Policy. Within thirty days of the execution of this Decree, Defendant shall forward a copy of its Discrimination Policy to the Commission and a letter indicating that the Discrimination Policy has been posted and distributed. E. Training 19. For the duration of the term of this Decree, the Defendant shall conduct annual training for all its supervisory and managerial employees, on the subject of compliance with
5

10. Defendant and its officers, agents, employees, successors, and all other persons in active concert or participation with any of them will not interfere with the relief herein ordered, but shall cooperate in the implementation ofthis Decree.
IV. COMPLIANCE A. Injunctive Relief
II. During the term of this Consent Decree, Defendant, its officers, agents, successors and other persons in active concert or participation with it, or any of them, is enjoined from engaging in any employment practice which discriminates on the basis of sex.
12. During the term of this Consent Decree, Defendant, its officers, agents, successors and other persons in active concert or participation with it, or any of them, is enjoined from engaging in reprisal or retaliation of any kind against any person because of such person's opposition to any practice made unlawful under Title VII, because of such person's filing a charge, testifying or participating in any manner in any investigation, proceeding or hearing under any of these statutes, because such person was identified as a witness or possible witness for the Commission, because such person participated in any manner in this action or in the investigation giving rise to this action, or because such person is designated as an aggrieved individual under this Decree. B. Record Keeping and Reporting Provisions
13. Defendant shall maintain all records concerning its implementation of this Consent Decree during the term of the Decree. The Commission shall have the right to interview any personnel employed by Defendant for the purpose of determining Defendant's compliance with the terms of this Consent Decree. In the event the Commission exercises its right to interview
3

federal laws prohibiting employment discrimination, including specifically Title VII provisions prohibiting discrimination based on sex or pregnancy, and provisions prohibiting retaliation against individuals who complain about perceived discrimination.
20. Defendant agrees that the training will be conducted by an outside consultant and, the first such session will take place within ninety days after approval of this Decree.
21. Each seminar training session shall be no less than 4 hours of instruction. The registry of attendance shall be submitted to the EEOC and retained by Defendant for the duration of this Decree.
22. The Commission, at its discretion, may designate one or more Commission representatives to attend any of the seminar-training sessions described above, and the representative(s) shall have the right to attend and fully observe all of the sessions.
V. RETENTION OF JURISDICTION AND ENFORCEMENT 23. Enforcement may be had by the Commission or Defendant petitioning the Court for enforcement of the terms of this Decree. Upon the Court approving this Decree, the EEOC claims against Defendant shall be dismissed with prejudice from this action, except that the parties expressly agree that the Court shall retain jurisdiction of this case for purposes of compliance with this Decree and entry of such further orders or modifications as may be necessary or appropriate to effectuate equal employment opportunities for employees. 24. There is no private right of action to enforce Defendant's obligations under the Decree and only the Commission and Defendant, or their successors or assigns may enforce compliance herewith.
6

VI. EEOC AUTHORITY 25. With respect to matters or charges outside the scope of this Decree, this Decree shall in no way limit the powers of the Commission to seek to eliminate unrelated employment practices or acts made unlawful by any of the statutes over which the EEOC has enforcement authority.
VII. COSTS AND ATTORNEY'S FEES 26. Each party shall be responsible for and shall pay its own costs and attorney's fees.
VIII. NOTICE 27. Any notice, report, or communication required under the provisions of this Decree shall be sent by certified mail, postage prepaid, to the appropriate parties as follows:

Regional Attorney Denver District Office Equal Employment
Opportunity Commission 303 E. 17th Avenue, Suite 510 Denver, CO 80203

North Central Supply Mr. Ronald A. Colerick President North Central Supply P.O. Box 380 Rapid City, SD 57709-0380

SO ORDERED this _ _ day of _ _ _ _ _ _, 2005.

BY THE COURT:

United States District Judge

7

09-11-05 10: 18 From-EEOC Donv.r

3038881375

7-389 P.003/003 F-717

APPROVED AS TO FORM:
Joseph R Mitchell Regional Attorney
Nancy A. Weeks Supervisory Trial Attorney
~ ~Y-c,'%F-Kim R, Rogers Trial Attorney (303) 866-1361
Equal Employment Opportunity Commission 303 East 17th Avenue, Suite 510 Denver, CO 80203
Attorneys for Plaintiff

& . I::) 'i

ad <l

I GREGORY I ' BERNARD J Thomas Nooney Braun Solay & Bernard

p, O. Box 8108

Rapid City, SD 57709

Attorneys for Defendant

BY CONSENT:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

BY: ;bd!~ tthlos

Date

I

Regional Attorney

,~~ BY: ,d~

North Central Supply

Dat

Ronald A. Colerick

President

 
 FI,LED

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA

JAN 1 t 2006
C /.;.J ~<~~

WESTERN DIVISION

SAMI MARTINEZ, Plaintiff,
vs. NORTH CENTRAL SUPPLY, INC,
Defendant.

)

elv. 03-5091-RHB

)

)

)

)

JUDGMENT OF DISMISSAL

)

)

)

)

The Court has been advised that the above-entitled action has been settled. Therefore, it is ORDERED that this action is hereby dismissed without prejudice to the right of any party to reopen the action if settlement is not consummated. Dated January 11, 2006.
BY THE COURT:

RICHARD H. BATTEY UNITED STATES DISTRICT JUD

 
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U.S. District Court District of South Dakota (Western Division) CIVIL DOCKET FOR CASE #: 5:03-cv-05091-RHB

CLOSED

Sami Martinez v. North Central Supply, Inc. Assigned to: U. S. District Judge Richard H. Battey Cause: 42:2000 Job Discrimination (Sex)

Date Filed: 09/17/2003 Date Terminated: 01/11/2006 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission TERMINATED: 09/15/2005

represented by Ann L. Fuller Equal Employment Opportunity Commission Denver District Office 303 E. 17th Ave. Suite 510 Denver, CO 80203 (303) 866-1347 Fax: (303) 866-1375 Email: Ann.Fuller@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy A. Weeks Equal Employment Opportunity Commission Denver District Office 303 E. 17th Ave. Suite 510 Denver, CO 80203 (303) 866-1347 Fax: (303) 866-1375 Email: nancy.weeks@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kim R. Rogers Equal Employment Opportunity Commission Denver District Office 303 E. 17th Ave. Suite 510 Denver, CO 80203 (303) 866-1361 Fax: (303) 866-1375 Email: kim.rogers@eeoc.gov

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Plaintiff Sami Martinez

ATTORNEY TO BE NOTICED
represented by Donald P. Knudsen Gunderson, Palmer, Goodsell & Nelson, LLP PO Box 8045 Rapid City, SD 57709-8045 342-1078 Fax: 342-0480 Email: dknudsen@gpgnlaw.com TERMINATED: 04/12/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael William Strain Morman, Smit, Hughes, Strain & Molstad PO Box 729 Sturgis, SD 57785 347-3624 Fax: 347-2091 Email: mike@mormanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant North Central Supply, Inc.

represented by John K. Nooney Thomas Nooney Braun Solay & Bernard, LLP PO Box 8108 Rapid City, SD 57709-8108 348-7516 Fax: 348-5852 Email: jknooney@mtnlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. Bernard Thomas Nooney Braun Solay & Bernard, LLP PO Box 8108 Rapid City, SD 57709-8108 348-7516 Fax: 348-5852 Email: gjbernard@mtnlaw.com ATTORNEY TO BE NOTICED

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Date Filed 09/17/2003 09/17/2003 09/26/2003 09/26/2003 11/03/2003
11/20/2003 11/24/2003 11/25/2003 11/28/2003 12/02/2003 12/03/2003 12/05/2003 12/24/2003 02/05/2004 02/09/2004 02/09/2004 08/18/2004 08/18/2004 08/18/2004

#

Docket Text

1 COMPLAINT with Jury Demand. 0 Summons(es) issued - , filed by Equal Employment Opportunity Commission.(RCL, ) (Entered: 09/17/2003)
2 CIVIL COVER SHEET (RCL, ) (Entered: 09/17/2003)
3 MOTION to Intervene by Sami Martinez. (CLM, ) (Entered: 09/29/2003)
4 BRIEF Support re 3 MOTION to Intervene filed by Sami Martinez. (CLM, ) (Entered: 09/29/2003)
5 WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission. North Central Supply, Inc. executed waiver on 10/16/2003, answer due 12/15/2003. (JLH, ) (Entered: 11/05/2003)
6 ORDER granting 3 Motion to Intervene . Signed by Judge Richard H. Battey on 11/20/03. (RCL, ) (Entered: 11/20/2003)
7 INTERVENOR COMPLAINT with Jury Trial Demand, filed by Sami Martinez.(JLH, ) (Entered: 11/25/2003)
Intervenor Complaint Summons Issued as to North Central Supply, Inc. Fur 1 copy to Atty Knudsen for service (JLH, ) (Entered: 11/25/2003)
8 Corrected waiver of service filed by Equal Employment Opportunity Commission. (MWT) (Entered: 11/28/2003)
9 ANSWER to Complaint with Jury Demand by North Central Supply, Inc.(JLH, ) (Entered: 12/02/2003)
10 ORDER For Form 35 Report and Scheduling Information. Signed by Judge Richard H. Battey on 12/3/03. (BBH, ) (Entered: 12/03/2003)
11 SUMMONS Returned Executed by Sami Martinez. North Central Supply, Inc. served on 12/2/2003. (RCL, ) (Entered: 12/05/2003)
12 ANSWER to Intervenor Complaint by North Central Supply, Inc.(JLH, ) (Entered: 12/26/2003)
13 FORM 35 REPORT of Parties Planning Meeting re 10 Order for Form 35. (BBH, ) (Entered: 02/06/2004)
14 SCHEDULING ORDER: Discovery due by 9/1/2004. Motions due by 10/1/2004 signed by Judge Richard H. Battey on 2/9/04. (BBH, ) (Entered: 02/09/2004)
15 Confirmation of mailing NOE to non-ecf counsel (BBH, ) (Entered: 02/09/2004)
16 NOTICE to Take Deposition of Mike Titus (Knudsen, Donald) (Entered: 08/18/2004)
17 NOTICE to Take Deposition of Ron Colerick (Knudsen, Donald) (Entered: 08/18/2004)
18 NOTICE to Take Deposition of Jerry Baragar (Knudsen, Donald) (Entered: 08/18/2004)

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08/18/2004 08/19/2004
08/19/2004 08/19/2004 08/19/2004 08/19/2004 08/19/2004 08/19/2004
08/20/2004 08/20/2004 08/20/2004 08/20/2004 08/20/2004 08/20/2004 08/23/2004
08/26/2004 08/26/2004

19 NOTICE to Take Deposition of Steve L/N/U (Knudsen, Donald) (Entered: 08/18/2004)
NOTICE of Filing Error: Notice to Take Deposition16 FILED IN ERROR Signature of attorney was omitted - (Knudsen, Donald) Modified Docket Text on 8/20/2004 (RCL, ). (Entered: 08/19/2004)
20 NOTICE to Take Deposition of Mike Titus (Knudsen, Donald) (Entered: 08/19/2004)
21 NOTICE to Take Deposition of Kay Bull Bear (Nooney, John) (Entered: 08/19/2004)
22 NOTICE to Take Deposition of Sami Martinez (Nooney, John) (Entered: 08/19/2004)
23 APPLICATION for Writ of Habeas Corpus Ad Testificandum - Kay Bull Bear by North Central Supply, Inc.. (Nooney, John) (Entered: 08/19/2004)
24 APPLICATION for Writ of Habeas Corpus Ad Testificandum - Sami Martinez by North Central Supply, Inc.. (Nooney, John) (Entered: 08/19/2004)
NOTICE of Filing Error: Notice to Take Deposition22, Application for Writ23 filed by North Central Supply, Inc., Application for Writ24 filed by North Central Supply, Inc., Notice to Take Deposition21 FILED IN ERROR-SIGNATURE INCORRECT; DOCUMENTS HAVE BEEN REFILED; SEE 26 27 28 29 (RCL, ) (Entered: 08/20/2004)
25 NOTICE of Appearance by Gregory J. Bernard on behalf of North Central Supply, Inc. (Bernard, Gregory) (Entered: 08/20/2004)
26 NOTICE to Take Deposition of Kay Bull Bear (Bernard, Gregory) (Entered: 08/20/2004)
27 NOTICE to Take Deposition of Sami Martinez (Bernard, Gregory) (Entered: 08/20/2004)
28 APPLICATION for Writ of Habeas Corpus Ad Testificandum - Kay Bull Bear by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 08/20/2004)
29 APPLICATION for Writ of Habeas Corpus Ad Testificandum - Sami Martinez by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 08/20/2004)
30 CERTIFICATE Certificate of Service by North Central Supply, Inc.. (Attachments: # 1)(Bernard, Gregory) (Entered: 08/20/2004)
31 ORDER denying re 28 Application for Writ as to Kay Bull Bear filed by North Central Supply, Inc.; and denying re 29 Application for Writ as to Sami Martinez filed by North Central Supply, Inc. signed by Judge Richard H. Battey on August 23, 2004. (JLH, ) (Entered: 08/23/2004)
32 Amended NOTICE to Take Deposition of Sami Martinez (Nooney, John) (Entered: 08/26/2004)
33 Amended NOTICE to Take Deposition of Marvallen K. Bull Bear (Nooney, John) (Entered: 08/26/2004)

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02/24/2005 03/04/2005
03/15/2005 03/15/2005 03/15/2005
03/16/2005 03/17/2005

34 MOTION to Extend Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/30/2004)
35 STIPULATION for Extension of Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/30/2004)
NOTICE of Filing Error: Motion to Extend34 filed by North Central Supply, Inc. FILED IN ERROR (Nooney, John) (Entered: 08/31/2004)
36 MOTION to Extend Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/31/2004)
37 ORDER granting 36 Motion to Extend . Signed by Judge Richard H. Battey on 8/31/04. (RCL, ) (Entered: 08/31/2004)
38 AFFIDAVIT of Service for Amended Subpoena served on Duane Russell for Marvallen K. Bull Bear on August 23, 2004, filed by North Central Supply, Inc.. (Nooney, John) (Entered: 09/09/2004)
39 CERTIFICATE OF SERVICE by North Central Supply, Inc. (Attachments: # 1)(Nooney, John) (Entered: 09/09/2004)
40 SCHEDULING ORDER: Pretrial Conference set for 3/22/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey Jury Trial set for 3/29/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey signed by Judge Richard H. Battey on 12/15/04. (CLM, ) (Entered: 12/15/2004)
41 First MOTION for Settlement Conference by Sami Martinez. (Knudsen, Donald) (Entered: 02/24/2005)
42 NOTICE of Settlement Conference and Settlement Conference ORDER; settlement conference scheduled 03/15/05 at 9 a.m.; submissions due within 10 days prior to the conference signed by Judge Marshall P. Young on March 4, 2005. (JLH, ) (Entered: 03/04/2005)
43 PRETRIAL MEMORANDUM by North Central Supply, Inc.. (Attachments: # 1 Motion in Limine re: testimony# 2 Motion in Limine re: Probable Cause# 3 Proposed Jury Instructions)(Nooney, John) (Entered: 03/15/2005)
44 APPLICATION for Writ of Habeas Corpus Ad Testificandum for Marvallen Kay Bull Bear by Sami Martinez. (Knudsen, Donald) (Entered: 03/15/2005)
45 PRETRIAL MEMORANDUM by Sami Martinez, Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Proposed Jury Instructions# 2 Exhibit Motion in Limine and supporting Memorandum)(Knudsen, Donald) (Entered: 03/15/2005)
46 MOTION for Leave to Amend Pretrial Conference Checklist by North Central Supply, Inc.. (Nooney, John) (Entered: 03/16/2005)
47 WRIT of Habeas Corpus Ad Testificandum. Signed by Judge Richard H. Battey on 3/17/05. Delivered certified copies of application and writ to USM. (JMM, ) (Entered: 03/17/2005)

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03/18/2005 03/18/2005 03/18/2005 03/21/2005 03/21/2005 03/21/2005 03/21/2005 03/21/2005 03/21/2005 03/21/2005 03/21/2005 03/22/2005

48 ORDER granting 46 Motion for Leave to file amended pretrial checklist. Signed by Judge Richard H. Battey on 3/17/05. (JMM, ) (Entered: 03/17/2005)
49 AMENDED DOCUMENT by North Central Supply, Inc.. Amendment to 43 Pretrial Memorandum. (Nooney, John) (Entered: 03/17/2005)
50 First MOTION to Dismiss Counts II and III of Complaint and Demand for Jury Trial by Sami Martinez. (Knudsen, Donald) (Entered: 03/17/2005)
51 REPLY to 45 Pretrial Memorandum In Opposition to Motion in Limine Regarding Sexual Preference filed by North Central Supply, Inc.. (Nooney, John) (Entered: 03/17/2005)
53 NOTICE OF READING MIKE TITUS' DEPOSITION TRANSCRIPT INTO THE RECORD DURING TRIAL by Sami Martinez (Attachments: # 1 Deposition Transcript of Michael Titus# 2 Exhibit 1: 2001 Attendance Controller - Sami Martinez # 3 Exhibit 2: Termination Report - Sami Martinez# 4 Exhibit 3: Termination Report Auguie Martinis# 5 Exhibit 4: 2001 Attendance Controller Auguie Martines# 6 Exhibit 5: Termination Report - Bruce Clark# 7 Exhibit 6: Termination Report Daniel Escandon# 8 Exhibit 7: Termination Report Andel Lawrence# 9 Exhibit 8: Notes)(MWT, ) (Entered: 03/18/2005)
54 First MOTION to Seal Document [52] Reply by Sami Martinez. (Knudsen, Donald) (Entered: 03/18/2005)
55 First MOTION Allow Witness to Wear Street Clothes at Trial by Sami Martinez. (Knudsen, Donald) (Entered: 03/18/2005)
56 AMEDED WRIT OF Habeas Corpus Ad Testificandum. signed by Judge Richard H. Battey on 03-18-05. (MWT, ) (Entered: 03/18/2005)
57 MOTION IN LIMINE: by North Central Supply, Inc.. (Attachments: # 1 Affidavit of Ron Colerick)(Nooney, John) (Entered: 03/21/2005)
58 MOTION IN LIMINE: by North Central Supply, Inc.. (Nooney, John) (Entered: 03/21/2005)
59 MEMORANDUM in Opposition re 57 MOTION IN LIMINE: filed by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)
60 AFFIDAVIT of Daniel E. Ashmore re 59 Memorandum in Opposition to Motion. (Knudsen, Donald) (Entered: 03/21/2005)
61 AFFIDAVIT of Donald P. Knudsen re 59 Memorandum in Opposition to Motion. (Knudsen, Donald) (Entered: 03/21/2005)
62 RESPONSE to [52] Reply filed by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)
63 REPLY to 43 Pretrial Memorandum filed by Sami Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Knudsen, Donald) (Entered: 03/21/2005)
64 First MOTION to Dismiss Additional Count of Complaint by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)
65 SUBPOENA for Steve Hickens returned (BBH, ) (Entered: 03/22/2005)

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03/23/2005
03/23/2005
03/25/2005 04/06/2005 04/11/2005 04/11/2005 04/12/2005 04/12/2005 04/20/2005 04/21/2005 04/21/2005 05/03/2005

66 SUBPOENA for Jerry Baragar returned (BBH, ) (Entered: 03/22/2005)
67 SUBPOENA for Sean Nichols returned (BBH, ) (Entered: 03/22/2005)
68 Pretrial Conference held on 3/22/2005 before Judge Richard H. Battey (Court Reporter Tringie Holt) (JLH, ) (Entered: 03/22/2005)
69 ORDER rescinding re 56 Amended Writ of Habeas COrpus Ad Testificandum signed by Judge Richard H. Battey on March 23, 2005. Fur. 3 c. copies to USMS, for service(JLH, ) Modified on 3/23/2005 to correct above entry mailing 3 c. copies to Warden, SD Womens Prison, 3200 E. Hwy 34, Suite 1, Pierre, SD 57501(JLH, ). (Entered: 03/23/2005)
70 BRIEFING SCHEDULE re 57 Motion In Limine to Disqualify Plaintiff's Counsel: Plaintiff shall serve and file a responsive brief by 4/19/2005. defendant shal file a reply brief within 15 days of the filing of plaintiff's responsive brief. signed by Judge Richard H. Battey on March 23, 2005. (JLH, ) (Entered: 03/23/2005)
71 ORDER granting pllaintiff Sami Martinez' 54 Motion to Seal Document [52] Reply Brief in Support of its opposition to hermotion in limine regarding sexual preference. Signed by Judge Richard H. Battey on March 23, 2005. (JLH, ) (Entered: 03/23/2005)
72 SUBPOENA for Nancy J. Old Bull returned (JLH, ) (Entered: 03/25/2005)
73 SUBPOENA for Ray Falk returned (Attachments: # 1 Hughes County Sheriff's Office Return of Service)(BBH, ) (Entered: 04/06/2005)
74 First MOTION for Leave to Withdraw as Legal Counsel by Sami Martinez. (Knudsen, Donald) (Entered: 04/11/2005)
75 RESPONSE to Motion re 57 MOTION IN LIMINE: filed by Sami Martinez. (Knudsen, Donald) (Entered: 04/11/2005)
76 ORDER granting 57 Motion in Limine re: Disqualification of Plaintiff's Counsel, granting 74 Motion for Leave to withdraw . Signed by Judge Richard H. Battey on 4/12/2005. (BBH, ) (Entered: 04/12/2005)
77 REPLY to 74 Motion for Leave to Withdraw as Legal Counsel filed by North Central Supply, Inc.. (Nooney, John) (Entered: 04/12/2005)
78 NOTICE of Appearance by Michael William Strain on behalf of Sami Martinez (DLC) (Entered: 04/20/2005)
79 ORDER signed by Judge Richard H. Battey on April 21, 2005. Plaintiff's Counsel shall notify the Court within 10 days of when he will be ready for trial.(DLC) (Entered: 04/21/2005)
81 NOTICE of Appearance by Kim R. Rogers on behalf of Equal Employment Opportunity Commission (Rogers, Kim) (Entered: 04/21/2005)
82 DECLARATION of Michael W. Strain re 79 Order regarding available trial times. (JLH, ) (Entered: 05/03/2005)

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06/20/2005 07/20/2005
08/30/2005 09/12/2005 09/12/2005 09/15/2005
09/15/2005 09/15/2005 09/15/2005 09/16/2005 09/19/2005
09/26/2005 09/26/2005

83 ORDER extending Discovery deadline to 6/15/2005 and a new scheduling order shall be issued setting a new pretrial submission deadline and a new trial date signed by Judge Richard H. Battey on May 6, 2005. (JLH, ) (Entered: 05/06/2005)
85 WRIT of of Habeas Corpus ad Testificandum Returned Unexecuted as to Marvallen Kay Bull Bear. (SST, ) Modified on 6/22/2005 (SST, ). (Entered: 06/21/2005)
86 SCHEDULING ORDER: Pretrial Conference set for 9/27/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 10/4/2005 09:00 AM in RC 3rd Floor Courtroom before Senior Judge Richard H. Battey. Signed by Judge Richard H. Battey on 7/20/2005. (BBH, ) (Entered: 07/20/2005)
88 Notice of Settlement Conference and Settlement Conference Order. Signed by Judge Marshall P. Young on 08/30/05. (MWT, ) (Entered: 08/30/2005)
90 CONSENT to Decree by Defendant North Central Supply, Inc.. (Attachments: # 1 Attachment A, Notice to Employees)(Bernard, Gregory) Modified on 9/13/2005 to add description of attachment (BBH, ). (Entered: 09/12/2005)
91 STIPULATION of Dismissal as to Plaintiff EEOC's Complaint Pursuant to Consent Decree by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 09/12/2005)
92 JUDGMENT OF DISMISSAL WITH PREJUDICE as to Equal Employment Opportunity Commission, dismissed pursuant to Consent Decree on its merits, with prejudice, and without further notice or costs to any party. Signed by Judge Richard H. Battey on 9/14/2005. (BBH, ) (Entered: 09/15/2005)
94 MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/15/2005)
95 AFFIDAVIT of John K. Nooney re 94 MOTION to Continue. (Nooney, John) (Entered: 09/15/2005)
96 STIPULATION re 94 MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/15/2005)
97 ORDER that prior counsel of record for plaintiff Sami Martinez submit an itemized statement to support any claim for attorneys fees. Signed by Judge Andrew W. Bogue on 09/16/05. (MWT, ) (Entered: 09/16/2005)
99 SCHEDULING ORDER: Pretrial Conference set for 11/22/2005 11:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 11/29/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Signed by Judge Richard H. Battey on 9/19/2005. (BBH, ) (Entered: 09/19/2005)
101 MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/26/2005)
102 AFFIDAVIT of John K. Nooney re 101 MOTION to Continue. (Nooney, John) (Entered: 09/26/2005)

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10/11/2005
11/03/2005 11/08/2005

103 ORDER granting 101 Motion to Continue. Signed by Judge Richard H. Battey on October 6, 2005. (JLH, ) (Entered: 10/06/2005)
Set Deadlines/Hearings: Pretrial Submissions due 01/10/06; Final Pretrial Conference set for 1/18/2006 at 9:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 1/24/2006 at 9:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. (JLH, ) (Entered: 10/06/2005)
105 MOTION to Seal Document (Exhibit G to the Affidavit of Donald P. Knudsen in Support of Attorney Fee Request), by Donald Knudsen on behalf of plaintiff, Sami Martinez. (JLH, ) (Entered: 10/11/2005)
106 ORDER denying 105 Motion to Seal Document. Signed by Judge Richard H. Battey on 10/11/05. (SST, ) (Entered: 10/11/2005)
108 RESPONSE to 97 Order to Submit Itemized Statement in Support of Attorney's Fee Request filed by Sami Martinez. (Attachments: # 1 Affidavit of Donald P. Knudsen; # 2 Exhibit A - CV of Donald P. Knudsen; # 3 Exhibit B - List of Reported and Unpublished Decisions; # 4 Exhibit C - Cases resulting in petitions for certiorari; # 5 Exhibit D - Eighth Circuit cases; # 6 Exhibit E - Federal Court cases; # 7 Exhibit F - South Dakota Supreme Court cases; # 8 Itemized Interim Statement; # 9 Affidavit of Thomas E. Simmons; # 10 Exhibit A - CV of Thomas E. Simmons; # 11 Affidavit of Becky M. Purnington; # 12 Exhibit A - Diploma awarded to Becky Purington; # 13 Exhibit B - Certificate awarded to Becky Purnington; # 14 Affidavit of Jane Wipf Pfeifle; # 15 Affidavit of Michael W. Strain)(SST, ) Modified on 10/17/2005 (SST, ). (Entered: 10/11/2005)
109 MEMORANDUM in Support of Submission Regarding Attorneys' Fees filed by Sami Martinez. (Attachments: # 1 Exhibit A - Rifenberick v. Porter Apple Co. opinion; # 2 Exhibit B - Moysis v. DTG Datanet, Inc. - opinion; # 3 Exhibit C Waner v. Ford Motor Company - opinion; # 4 Exhibit D - Jay Shultz web page; # 5 Exhibit E - Emery v. Hunt - order; # 6 Exhibit E - Emery v. Hunt - Declaration of Patrick Duffy; # 7 Exhibit E - Emery v. Hunt - brief; # 8 Exhibit F - Bone Shirt v. Hazeltine - order; # 9 Exhibit F - Bone Shirt v. Nelson - Declaration of Bryan Sells; # 10 Exhibit G - Hanig v. Lee - order; # 11 Exhibit G - Affidavit of Kenneth Dewell; # 12 Exhibit G - Hanig v. Lee - Eighth Circuit opinion; # 13 Exhibit H - Hansen v. Actuarial - order; # 14 Exhibit I - Bone Shirt v. Nelson Declaration of Patrick Duffy; # 15 Exhibit I - Bone Shirt v. Nelson - Declaration of Patrick Duffy; # 16 Exhibit J - Bone Shirt v. Nelson - Declaration of Mike Abourezk; # 17 Exhibit J - Torres v. Unum - Affidavit of Gregory Eiesland; # 18 Exhibit J - Kukla v. Hulm - Affidavit of Kenneth Dewell; # 19 Exhibit J - Hansen v. Actuarial - Affidavit of James Leach)(SST, ) Additional attachment(s) added on 10/12/2005 (SST, ). (Entered: 10/11/2005)
110 REPLY In opposition to 108 Response to 97 Order to Submit Itemized Statement in Support of Attorney's Fee Request filed by North Central Supply, Inc. (Attachments: # 1 Affidavit of Michael P. Reynolds)(JLH, ) (Entered: 11/03/2005)
111 ORDER re 108 Response filed by Sami Martinez. Signed by Judge Richard H. Battey on 11/8/05. (SST, ) (Entered: 11/08/2005)

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12/09/2005 01/11/2006
04/06/2006 04/07/2006

113 MOTION to Amend/Correct 111 Order or Reconsider Order by Sami Martinez. (Knudsen, Donald) (Entered: 11/10/2005)
114 MEMORANDUM in Support re 113 MOTION to Amend/Correct 111 Order or Reconsider Order filed by Sami Martinez. (Knudsen, Donald) (Entered: 11/10/2005)
115 ORDER granting in part and denying in part 113 Motion to Amend/Correct. Signed by Judge Richard H. Battey on 12/8/05. (SST, ) (Entered: 12/09/2005)
117 JUDGMENT Dismissing Case without prejudice to the right of any party to reopen the action if settlement is not consummated. Signed by Judge Richard H. Battey on 1/11/2006. (BBH, ) (Entered: 01/11/2006)
119 STIPULATION of Dismissal by North Central Supply, Inc.. (Nooney, John) (Entered: 04/06/2006)
120 Judgment of Dismissal with prejudice. Signed by Judge Richard H. Battey on April 7, 2006. (JLH, ) (Entered: 04/07/2006)

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