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99 FEB - 3 PH I: I I

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

MONK'S INC., d/b/a

)

INTERNATIONAL HOUSE OF

)

PANCAKES,

)

)

Defendant.

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)

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COMPLAINT

JURY~.DEATON

NATURE OF THE ACTION

This is an action under the Americans with Disabilities Act of 1990 (ADA)and the Civil Rights

Act of 1991 to correct unlawful employment practices on the basis of disability and to provide

appropriate relief to Scott Staffeldt who was adversely affected by such practices. The Commission

alleges that defendant Monks, Inc., d/b/a International House of Pancakes, in Las Cruces, discriminated

against Mr. Staffeldt when it denied him a reasonable accommodation and discharged him from his

employment because of his disabilities. In addition, defendant failed to preserve records relevant to the

determination of whether unlawful employment practices have occurred.

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 Title I Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which incorporates by reference Section 706(t)(1) and (3)ofTitle VII of the Civil Rights Act of 1964("Title VII"), 42 U.S.C. §2000e-5(t)(1) and (3), and pursuant to §102 of the Civil Rights Act of 1991,42 U.S.C. §1981a.
2. The employment practices alleged below to be unlawful were committed within the jurisdiction of the United States District Court for the District of New Mexico.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation, and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. §12117(a), which incorporates by reference Section 706(t)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(t)(1) and (3). 4. At all relevant times to this action, defendant, Monk's Inc., d/b/a International House of Pancakes (the "Employer", "Monk's", or "IHOP") has continuously been a New Mexico corporation doing business in the State of New Mexico and the City of Las Cruces and has continuously had at least 15 employees. 5. At all relevant times to this action, defendant employer has continuously been an employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.c. §12111(5), and Section 101(7) of the ADA, 42 U.S.C. §12111(7), which incorporates by reference Sections 701 (g)and(h)of Title VII, 42 U.S.C. §§2000e(g) and (h). 6. At all relevant times, defendant employer has been a covered entity under Section 101(2) of the ADA, 42 U.S.C. §12111(2).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Scott Staffeldt filed a charge
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with the Commission alleging violations of Title I of the ADA by Monk's. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. Since at least May 23, 1996, defendant Monk's engaged in unlawful employment practices at its Las Cruces, New Mexico, facility by denying Scott Staffeldt reasonable accommodations and discharging him because of his disabilities in violation of Section 102(a) of the ADA, 42 V.S.C. §12112(a).
9. Since at least May 23, 1996, Monk's has failed, in violation of Section 107(a) of the ADA, 42 V.S.C. §12117(a), which incorporates by reference Section 709(c) of Title VII, 42 V.S.C. §2000e-8(c)and 29 C.F.R. §1602.14, to preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
10. The effect of the practices complained of in paragraph 8 above has been to deprive Scott Staffeldt of equal employment opportunities and otherwise adversely affect his status as an employee because of his disability.
11. The unlawful employment practices complained of in paragraphs 8 and 10 above were intentional.
12. The unlawful employment practices complained of in paragraphs 8 and 10 were done with malice or with reckless indifference to the federally protected rights of Scott Staffeldt.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining defendant Monk's Inc., d/b/a IHOP, its officers, successors, assigns and all persons in active concert or participation with it, from unlawfully denying qualified individuals with disabilities reasonable accommodations, terminating their employment because of their disabilities, and any other employment practice which discriminates on the basis of disability. B. Order Monk's to make and preserve all records relevant to the determination of whether
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unlawful employment practices have been or are being committed, in accordance with Section 107(a)of

the ADA, 42 U.S.C. §12117(a), which incorporates by reference Section 709(c)ofTitle VII, 42 U.S.C.

§2000e-8(c) and 29 C.F.R. §1602.14.

C. Order Monk's to institute and carry out policies, practices, and programs which provide

equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects

of its past and present unlawful employment practices.

D. Order Monk's to make whole Scott Staffeldt, 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, rightful-place

reinstatement of Scott Staffeldt.

E. Order Monk's to make whole Scott Staffeldt by providing compensation for past and future

pecuniary losses resulting from the unlawful employment practices described in paragraphs 8 and 10

above, including but not limited to, job search expenses and medical expenses, in amounts to be

determined at trial.

F. Order Monk's to make whole Scott Staffeldt by providing compensation for past and future

nonpecuniary losses resulting from the unlawful employment practices complained of in paragraphs 8

and 10 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment

of life, loss of self-esteem, loss of self-confidence, and humiliation, in amounts to be determined at trial.

G. Order defendant Monk's Inc., d/b/a IHOP to pay Scott Staffeldt punitive damages for its

malicious and reckless conduct, as described above, in amounts to be determined at trial.

H. Grant such further relief as the Court deems necessary and proper in the public interest.

I.

Award the Commission its costs of this action.

JURy TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.
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o~_ DATED thiSW day

1999

Respectfully submitted,

C. GREGORY STEWART General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

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

~~L~

RICHARD R. TRUJILLO

I

Regional Attorney

MARY JO O'NEILL Supervisory Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3300 N. Central Ave. Suite 690 Phoenix, Arizona 85012

LORETTA MEDINA Trial Attorney
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette, N.W., Suite 900 Albuquerque, New Mexico 87102 (505) 248-5230
Attorneys for Plaintiff

5

 
 MAY 9 2000
R'~.j
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

MONK'S INC., d/b/a

)

INTERNATIONAL HOUSE OF

)

PANCAKES,

)

)

Defendant.

)

)

CIY. 99-0114 BB/KBM CONSENT DECREE

This Consent Decree is entered into by the United States Equal Employment

Opportunity Commission (the "Commission" or "EEOC"), Richard L. Monks and Monk's Inc.,

d/b/a International House of Pancakes ("Monk's Inc., ").

The EEOC filed this action against defendant Monk's Inc., to enforce the Americans

with Disabilities Act ("ADA") and the Civil Rights Act of 1991. In the complaint the

Commission alleged that Monk's Inc. discriminated against Mr. Staffeldt when it denied him

reasonable accommodation and discharged him because of his disabilities. The Commission also

alleged that Monk's Inc. failed to preserve records relevant to the determination of whether

unlawful employment practices have been committed.

Defendant filed an Answer to the Commission's Complaint on March 19, 1999. On or about March 25, 1999, Monk's Inc., filed a Chapter 7 bankruptcy proceeding in the United States Bankruptcy Court for the District of New Mexico in Cause No. 7-99-1 I757-SL. The bankruptcy proceeding was dosed in June, 1999 with no distribution of assets.
Defendant asserts that on or about December, 1998 it sold its restaurant to Tellez Management Corp. At present, the restaurant at issue in this lawsuit is under the management and control of Tellez Management Corp. In order to permit the Commission to secure appropriate relief in this matter and in consideration of its own interest in educating its employees regarding the ADA, Tellez Management Corp. has agreed to participate in this Consent Decree. Tellez Management Corp. further agrees to submit to the jurisdiction of this Court for the limited purpose of providing the relief, described more fully in Paragraphs 9-13 below. Participation in this decree by Tellez Management Corp. does not constitute an admission of liability.
The parties to this Consent Decree do not object to the jurisdiction of the Court over this action and waive their rights to a hearing and the entry of Findings of Fact and Conclusions of Law. This Consent Decree does not constitute an admission by Monk·s Inc. of any violation of the ADA.
It is hereby ORDERED, ADJUDGED, AND DECREED: 1. This Consent Decree resolves all claims of the Commission against Monk's Inc. and its Las Cruces, New Mexico, facility arising out of the facts and issues involved in this lawsuit including back pay, damages, interest, injunctive relief, attorney's fees, and costs. 2. Should Monk's Inc., and/or Richard L. Monks re-enter into business activity
2

in New Mexico during the period beginning three years from the date of entry of this Decree, Monk's Inc., and/or Richard L. Monks shall not discriminate against its employees on the basis of disability.
3. Should Monk's Inc., and/or Richard L. Monks re-enter into business activity in New Mexico during the period beginning three years from the date of entry of this Decree, Monk's Inc., and/or Richard L. Monks shall comply with Section 107 (a) of the ADA, 42 U.S.C. § 12117 (a), which incorporates by reference Section 709(c) of Title VII, 42 U.S. C. §2000e-8(c) and 29 C.P.R. § 1602.14 regarding the preservation of records relevant to the determination of whether unlawful employment practices have been or are being committed.
4. Should Monk's Inc., and/or Richard L. Monks re-enter into business activity in New Mexico during the three-year term of this Decree, such re-entry shall be reported to the Regional Attorney of the Albuquerque District Oftice of the Equal Employment Opportunity Commission, within three months of re-starting business, the nature of the business activity, and all personnel policies concerning disability discrimination, retaliation, and the preservation of records relevant to the determination of whether unlawful employment practices have been or are being committed.
INJUNCTION 5. Monk's Inc., and/or Richard L. Monks, their officers, agents, employees, successors, assigns and all persons in active concert or participation with them, are permanently enjoined for the duration of the decree from: (a) discriminating on the basis of disabilities, including denying reasonable accommodations to and/or discharging employees because of their disabilities; retaliating against any employee or individual because the employee or individual
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(i)opposed practices made unlawful by the ADA or a state equal employment opportunity statute,

(ii) tiled a charge of discrimination, (iii) assisted or participated in the filing of a charge of

discrimination, (iv) assisted or participated in an investigation or proceeding under the ADA or

a state equal employment opportunity statute, or (c) files an internal complaint of discrimination

with the employer. This injunction will remain in effect for the duration of this decree at any

facility operated by Monk's Inc., or Richard L. Monk's in the State of New Mexico.

RELIEF ON BEHALF OF CHARGING PARTY

6. Judgment is entered against Richard L. Monks ("Monks") in favor of the

Commission for the benefit of Scott Staffeldt in the total amount of $11,000.00 in compensatory

damages. This amount is payable according to the following schedule of payments and terms.

A. Within ten (10) days of the entry of this Consent Decree, Monks shall pay via

check the sum of $5,000.00 to Jamye Boone Ward and Ruth Staffeldt on

behalf of Scott Staffeld!.

B. In the year 2001 and within 365 days of the payment madc pursuant to

paragraph 6.A., Monks shall pay via check the sum of $3,000.00 to Ruth

Staffeldt on behalf of Scott Staffeld!.

C. In the year 2002 and within 365 days of the payment made pursuant to

paragraph 6.B., Monks shall pay via check the sum of $3,000.00 to Ruth

Staffeldt on behalf of Scott Staffeld!.

7.

The checks provided for in paragraph 6. shall be mailed directly to the

individual(s) listed via certified mail at the addresses provided by the EEOC.

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8. Within five (5) days of the issuance of each check required by paragraph 6., Richard L. Monks will submit a copy of the check and related correspondence to the Regional Attorney, Equal Employment Opportunity Commission, 505 Marquette NW, Suite 900. Albuquerque, NM 87102-2189.
POLICIES AND PRACTICES OF TELLEZ MANAGEMENT CORP. 9. Tellez Management Corp. shall endeavor to carry out policies and practices
that guarantee a work environment free from disability discrimination of its applicants or employees.
10. Tellez Management Corp. shall post in a prominent place frequented by its employees at its Las Cruces, New Mexico facilities the notice attached as Exhibit A. The Notice shall be in the same type, style and size as Exhibit A.
TRAINING II. Tellez Management Corp. shall provide training on disability discrimination and retaliation according to the following terms: A. Tellez Management Corp. shall select and retain a consliltant/lectlirer who
shall provide consultation and training for one seminar-training session. All supervisory and non-supervisory employees employed by Tellez Management Corp. at the restaurant operated by it shall attend the seminar-training session. Duplicative sessions to accommodate staffing needs, are permitted. B. Monks shall pay for the consultant/lecturer selected and retained by Tellez Management Corp.
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C. Monks' failure to payor reimburse Tellez Management Corp. for the expense of any training seminars required by this Decree within thirty (30) days of demand for payment or reimbursement shall constitute a default under the terms of this Decree.
D. The seminar-training session shall be conducted within four months of the entry of this Consent Decree.
E. The consultant/lecturer shall be a person(s) acceptable to the Commission. Tellez Management Corp. shall submit the name(s), addrcss(es), telephone number(s), and resume(s) of the proposed consultantllecturer(s) together with the date(s) of the proposed seminar and the details of the contents of the training to the Regional Attorney of the Albuquerque District Office of the Equal Employment Opportunity Commission within 60 days of the entry of this Consent Decree. The Commission shall have thirty days from the date of receipt of the information described above to accept or reject the proposed consultant/lecturer and/or the contents of the seminar. In the event the Commission does not approve the proposed consultant/lecturer, the Commission shall designate the consultant/lecturer at a cost not to exceed $1,000.00 per seminar-training session which shall be paid by Monks.
F. The seminar-training session shall be no less than two hours of instruction. All personnel designated in paragraph A shall both register and attend the seminar-training session. The registry of attendance shall be retained by
6

Tellez Management Corp. for the duration of this Consent Decree. G. The seminar shall include the subject of what constitutes disability
discrimination, an explanation of the employer's obligation under the ADA to provide a reasonable accommodation for an employee's known disability, prohibitions on discharging employees because of their disabilities, prohibitions on retaliation against person's with disabilities, and by what means employees may complain if they feel they have been subjected to disability discrimination in the workplace. H. The Commission, at its discretion, may designate Commission representatives to attend and participate in the seminar-training session described above, and the representatives shall have the right to attend and fully participate in the session.
REPORTING 12. Tellez Management Corp. shall report in writing and in affidavit form to the Regional Attorney of the Albuquerque District Office of the Equal Employment Opportunity Commission at 505 Marquette N.W., Suite 900, Albuquerque, New Mexico, 87102-2189, beginning six months from the date of the execution of this Consent Decree, and thereafter every six months for a period not to exceed 24 months, the following information: A. Any changes, modifications, revocations, or revisions to its policies and
procedures which concern or affect the subject of disability discrimination and retaliation.
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B. An affidavit stating that the Notice required in paragraph 10 of this Consent Decree was posted and the locations where it was posted.
C. The first report shall also contain a list of persons attending the seminartraining session described in paragraph 11 of this Consent Decree and a list of current personnel employed by at the Las Cruces, New Mexico, facility at issue on the day of the seminar-training session.
13. During the duration of this Decree, the Commission, upon reasonable notice, may enter and inspect the premises of the restaurant facility at issue, now operated by Tellez Management Corp., Las Cruces, New Mexico, to ensure compliance with this Consent Decree and federal anti-discrimination laws.
COSTS AND DURATION 14. Each party shall bear its own costs and attorney's fees incurred as a result of this action through the entry of this Consent Decree. 15. The duration of this Consent Decree shall be three years from the date it is entered; however, should Monk's Inc., and/or Richard L. Monks re-enter business in New Mexico as provided in paragraph 4 during the final year of this Decree, this Decree shall be extended for one year from the date of that re-start of business activities. This decree shall expire by its own terms at the end of three years after entry, without further action by the parties. 16. The Commission may bring an action to enforce the Consent Decree based upon non-compliance with any provision of this Consent Decree by either Monk's Inc., and/or Richard L. Monks' or by Tellez Management Corp.
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17. The parties agree to entry of this decree subject to final approval by the Court.

~ ~ ~ ENTERED AND ORDERED this

day of

, 2000.

~'b£ J FjQW".eQ HONORABLE JUDGE BRUCE D. BLACK UNITED STATES DISTRICT JUDGE

APPROVED AND CONSENTED TO:

C.GREGORYSTEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
1801 L Street, N.W. Washington, DC 20507
~~~
Regional Attorney
i«>1Dh~, L~
C. EMANUEL SMITH " I Supervisory Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Phoenix District Office 3300 N. Central Ave.. Suite 690 Phoenix, AZ 85012 Telephone: (602) 640-5033

9

;SL;go&L
DANIEL A. DOLAN
Law Offices of Daniel A. Dolan, P.A. 715 E. Idaho, Bldg. 2, Ste. B P.O. Box 16086 Las Cruces, NM 88004 Telephone: (505) 525-0077
or Defendant and
Tellez M n gement Corp. by its President Mike Tellez

i~)'\Q~
LORETTA MEDINA Senior Trial Attorney
VERONICA A. MOLINA Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Albuquerque District Office 505 Marquette NW. Suite 900 Albuquerque, NM 87102 Telephone: (505) 248-5230
Attorneys for Plaintiff

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NOTICE TO ALL EMPWYEES OF THE INTERNATIONAL HOUSE OF PANCAKES
Disability discrimination in the work place is against federal law , the Americans with Disabilities Act (the" ADA "). Under the ADA, it is unlawful for an employer to discriminate on the basis of disability or to fail to make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless providing such an accommodation would impose an undue hardship on the employer.
Tellez Management Corp.. will make reasonable accommodation for the known disabilities of qualified individuals with disabilities, except when making such accommodation would cause undue hardship to its business. Tellez Management Corp. will not discriminate against any individual because of their disability(s).
If you believe you have been subjected to disability discrimination during the course of your employment with Tellez Management Corp. you have the right to seek assistance from:
(I) The United States Equal Employment Opportunity Commission (the EEOC),505 Marquette, Suite 900, Albuquerque, New Mexico 87102-2189, (505) 248-5201 or 1800-669-4000;
or
(2) The New Mexico Department of Labor. Human Rights Division (NMHRD), 1596 Pacheco SI., Suite 103, Santa Fe, New Mexico 87505, 505) 827-6838.
You have the right to file a charge with the EEOC or the NMHRD if you believe you are being subjected to disability discrimination.
It is also unlawful for any management official or employee of Tellez Management Corp. to discriminate by retaliation against an individual because you have opposed an act or practice made unlawful by the ADA, or because you made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under the ADA. It is also unlawful for any management official or employee of Tellez Management Corp. to coerce, interfere, intimidate or threaten any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the ADA. If you believe any acts to retaliate, coerce, intimidate, or threaten you have been made, you should contact the EEOC or NMHRD at the addresses and numbers listed above.
EXHIBIT A

 
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REFER, TERMED
U.S. District Court District of New Mexico - Version 3.0 (Albuquerque) CIVIL DOCKET FOR CASE #: 1:99-cv-00114-BB-KBM

EEOC v. Monk's Inc., Assigned to: District Judge Bruce D. Black Referred to: Magistrate Judge Karen B. Molzen Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 02/03/1999 Date Terminated: 05/09/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Emanuel Smith EEOC 3300 N Central Ave #690 Phoenix, AZ 85012 (602) 640-5033 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

C Gregory Stewart EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams EEOC Legal Counsel Office 1801 L Street, NW Washington, DC 20507 (202) 663-4669 Fax: 663-4639 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Loretta F Medina EEOC 505 Marquette, NW #900 Albuquerque, NM 87102 (505) 248-5230

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V.
Defendant
Monk's Inc., doing business as International House of Pancakes

Fax: 248-5217 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mary Jo O'Neill EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-2504 (602) 640-5000 Fax: (602) 640-5009 Email: mary.oneill@eeoc.gov TERMINATED: 01/19/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard R. Trujillo EEOC Phoenix District Office 3300 North Central Avenue #690 Phoenix, AZ 85012-1848 (602) 640-5000 Fax: 640-5009 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Veronica A Molina Equal Employment Opportunity Commission Legal Unit 505 Marquette N.W., Suite 900 Albuquerque, NM 87102 (505) 248-5231 Fax: (505) 248-5217 Email: veronica.molina@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel A. Dolan PO Box 16086 Las Cruces, NM 88004 (505) 525-0077 Fax: 523-1725 Email: dadolan@zianet.com LEAD ATTORNEY

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Date Filed 02/03/1999 02/17/1999 02/25/1999 02/25/1999 03/02/1999
03/19/1999 04/01/1999 04/06/1999
05/19/1999 05/19/1999 05/19/1999 05/19/1999
05/19/1999 05/24/1999
06/02/1999

ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT (1 Summons(es) issued) (referred to Chief Magistrate William Deaton) (vv) (Entered: 02/04/1999)

2 RETURN OF SERVICE executed upon defendant Monk's Inc., on 2/9/99 (sl) (Entered: 02/18/1999)

3 ENTRY OF APPEARANCE for defendant Monk's Inc., by Daniel A. Dolan (rg) (Entered: 03/02/1999)

4 MOTION by deft Monk's Inc., to extend time until 3/22/99 to file answer (rg) (Entered: 03/02/1999)

5 ORDER by Chief Magistrate William Deaton granting deft's motion to extend time until 3/22/99 to file answer [4-1] (cc: all counsel) (sl) (Entered: 03/02/1999)

6 ANSWER, with affirmative defenses, by deft Monk's Inc, [1-1] (rg) (Entered: 03/19/1999)

7 NOTICE by deft Monk's Inc, of filing bankruptcy (rg) (Entered: 04/01/1999)

8 ORDER by Chief Magistrate William Deaton staying all proceedings until automatic stay in deft's bankruptcy proceedings is modified to permit this case to go forward (cc: all counsel, electronic mailing) (sl) (Entered: 04/06/1999)

9 MOTION by plaintiff EEOC for reconsideration of Court's order of stay (sl) (Entered: 05/19/1999)

10 MEMORANDUM by plaintiff in support of motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

11 RESPONSE by defendant to pltf's motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

12 MEMORANDUM (objection) by defendant in opposition to pltf's motion for reconsideration of Court's order of stay reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

13 REPLY by plaintiff to deft's response to motion for reconsideration of Court's order of stay [9-1] (sl) (Entered: 05/19/1999)

14 ORDER by Chief Magistrate William Deaton denying EEOC's motion for reconsideration of Court's order of stay [9-1] (cc: all counsel, electronic mailing) (sl) (Entered: 05/24/1999)

15 ORDER by Chief Magistrate William Deaton terminating case referral to Chief Magistrate William Deaton , Case to Magistrate Judge Karen B. Molzen (cc: all counsel) (pg) (Entered: 06/03/1999)

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06/09/1999 06/09/1999 12/17/1999
12/17/1999 12/20/1999 01/19/2000
01/19/2000 01/19/2000 02/10/2000 05/09/2000

16 MOTION (objection) by plaintiff for reconsideration of order denying pltf's motion requesting reconsideration of Court's order of stay (sl) (Entered: 06/10/1999)
17 MEMORANDUM by plaintiff in support of motion (objection) for reconsideration of order denying pltf's motion requesting reconsideration of Court's order of stay [16-1] (sl) (Entered: 06/10/1999)
18 INITIAL SCHEDULING ORDER by Magistrate Judge Karen B. Molzen ; Telephonic Rule 16 scheduling conference set for 2/1/00; provisional discovery plan and IPTR due on 1/25/00 (cc: all counsel*) (sl) (Entered: 12/17/1999)
19 ORDER by Magistrate Judge Karen B. Molzen lifting stay of proceedings for case to proceed to discovery (cc: all counsel*) (sl) (Entered: 12/17/1999)
20 NOTICE of hearing by the Clerk of Court before Magistrate Judge Karen B. Molzen ; Rule 16 scheduling conference set for 2/1/00 at 1:30 pm (cc: all counsel*) (sl) (Entered: 12/20/1999)
21 NOTICE of hearing before Magistrate Judge Karen B. Molzen ; Telephonic Rule 16 scheduling conference reset for 2/10/00 at 2:00 pm; provisional discovery plan and IPTR due by 2/3/00 (cc: all counsel*) (sl) (Entered: 01/19/2000)
22 SUBSTITUTION OF COUNSEL: terminating attorney Mary Jo O'Neill for EEOC and substituting attorney C Emanuel Smith (sl) Modified on 01/21/2000 (Entered: 01/19/2000)
23 PROVISIONAL DISCOVERY PLAN by parties (vv) (Entered: 01/19/2000)
24 CLERK'S MINUTES: Rule 16 Scheduling Conference continued before Magistrate Judge Karen B. Molzen; Clerk: M Garcia (former employee) Modified on 03/28/2000 (Entered: 02/10/2000)
25 ORDER by Judge Bruce D. Black of consent decree as described herein (cc: all counsel) (sl) (Entered: 05/09/2000)

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