UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

______________________________

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION, )

)

Civil Action No. 1:05-cv-343-PB

Plaintiff, )

)

-against-

)

COMPLAINT

)

AND

JURY TRIAL DEMAND

)

THE SALVATION ARMY

)

)

Defendant.

)

_____________________________ )

NATURE OF THE ACTION This is an action under Title I of the Americans with Disabilities Act of 1990 (ADA), as well as Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Craig Lanzim (“Lanzim”). As alleged with greater particularity below, The Salvation Army (“Defendant”) subjected Lanzim to discrimination on the basis of his disabilities by failing to hire and failing to provide him with equal opportunity to compete for a position in its West Lebanon, New Hampshire, Thrift Store.
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 107 (a) of the ADA, 42 U.S.C. §12117 (a), which incorporates by reference Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e - 5 (f)(1) and (3), and pursuant to 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 District of New Hampshire.

PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the “Commission”), is the 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 (f)(1) and (3) of Title VII, 42 U.S.C. § 2000e - 5 (f)(1) and (3). 4. At all relevant times, Defendant has been a New York corporation doing business in the State of New Hampshire, and has continuously had at least 15 employees. 5. At all relevant times, Defendant 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 10 (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 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, Lanzim filed a charge with the Commission alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Lanzim is a qualified disabled individual pursuant to Title I of the ADA. 9. On or about April l5, 2004, Lanzim went to Respondent’s West Lebanon, New Hampshire, store with his employment counselor to inquire about advertised positions for Thrift Store employees, and to make an application for the advertised position.

10. On or about April 15, 2004, Lanzim and his employment counselor were told that

the Store Manager did not to accept applications from disabled persons because he had worked

with disabled persons before and he had said it had not gone well.

11. Defendant never called Lanzim to interview for the open positions at its West

Lebanon store and, on information and belief, it hired two non-disabled applicants to fill the

open positions.

12. Since at least April 15, 2004, Defendant has engaged in unlawful employment

practices in violation of Section 102 of Title I of the ADA, 42 U.S.C. §12101 et seq. These

practices include, but are not limited to, the following:

a.) Defendant failed to provide Lanzim with equal access to the employment

opportunity of Thrift Store Employee in its West Lebanon store because of his disabilities.

b.)

Defendant discriminated against Lanzim by failing to hire him for the

position of Thrift Store Employee in its West Lebanon store because of his disabilities.

c.) Defendant has a policy and practice of destroying employment

applications in violation of 29 CFR ¶1602.14.

13. The effect of the practices complained of above has been to deprive Lanzim of

equal employment opportunities because of his disabilities.

14. The unlawful employment practices complained of above were intentional.

15. The unlawful employment practices complained of above were done with malice

or with reckless indifference to Lanzim’s federally protected rights.

16. The practices complained of above have inflicted emotional pain, suffering, and

inconvenience upon Lanzim.

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 them, from engaging in any employment practice which discriminates on the basis of disability.
B. Order Defendant to institute and carry out policies, practices, and programs which provide equal opportunities for qualified individuals with disabilities, and which provide affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to implementing a policy and procedure for handling the application and interview process for open positions without regard to an individual’s disability and without discrimination towards persons with disabilities.
C. Order Defendant to hire Lanzim or pay him front pay in lieu of hiring. D. Order Defendant to make Lanzim whole by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including but not limited to appropriate back pay with prejudgement interest and job search expenses, in amounts to be determined at trial. E. Order Defendant to make Lanzim whole by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described above, including but not limited to emotional pain, suffering, and inconvenience in amounts to be determined at trial. F. Order Defendants to pay Lanzim punitive damages for its malicious and reckless conduct 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 in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Dated: September ___, 2005
Boston, Massachusetts

Respectf
Deputy EQUAL
1801 Washington,

ully submitted,
James E. Lee General Counsel EMPLOYMENT OPPORTUNITY
COMMISSION L Street, N.W. D.C. 20507

Acting EQUAL
New 33 NY, (212) Elizabeth.Grossm

Elizabeth Grossman Regional Attorney EMPLOYMENT OPPORTUNITY
COMMISSION York District Office
Whitehall St., 5th Floor NY 10004-2112 336-3696 an@eeoc.gov

Markus Senior
John Boston, (617) Markus.penzel@eeoc.gov

/s/ Markus L. Penzel____________ L. Penzel Trial Attorney
Boston Area Office F. Kennedy Federal Building, Room 475 MA 02203-0506 565-3193

 
 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIR E

EQUAL EMPLOYMENT ) OPPORTUNITY COMMISSION, )
Plaintiff, )

Civil Action No . 1 :05•cv-343-PB

-against- )

THE SALVATION ARMY

Defendant. )

CONSENT DECREE This cause of action was initiated on September 30, 2005, by the Equal Employment Opportunity Commission (hereinafter "EEOC"), an agency of the United States Gove rnment, alleging that The Salvation Army violated Title I of the Americans with Disabilities Act of 1990 (ADA), as well as Title I of the Civil Rights Act of 1991 by failing to hire and failing to provide Craig Lanzim ("Lanzim") with equal opportunity to compete for a position of sales clerk in its West Lebanon, New Hampshire store on the basis of his disabilities . The EEOC and The Salvation Army desire to se ttle this action, and therefore do hereby stipulate and consent to the entry of this Decree as fi nal and binding between The Salvation Army and the EEOC, who are th e signatories hereto, and their successors or assigns . This Decree resolves all matters related to Civil Action No . 1:05• cv-343-PB , simultaneously filed with this Decree in the United States District Court for th e District of New Hampshire . The Salvation Army and th e EEOC (hereinafter "the parties') have agreed th at th is Dec ree may be entered into without Findings of Fact and Conclusions of Law having been made and entered by th e Court.

In consideration of the mutual promises of each party to this Decree, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate, and it is therefore ORDERED, ADJUDGED AND DECREED that :
1 . This Decree resolves all issues raised in EEOC Charge Number 161-2004-00306 and all issues that were raised in the EEOC'sCom plaint in this case . The Parties agree and understand that this Decree in no way affects the EEOC's right to process any pending or future charges that may be filed against The Salvation Army and to commence civil actions on any such charges .
2. The parties agree and the Court finds that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met. No party shall contest the validity of this Decree, or the jurisdiction of the federal district court to enforce this Decree and its terms .
3 . This Decree is being issued with the consent of the parties and does not constitute an adjudication or finding by this Court on the merits of the allegations of the Complaint . Nothing contained in this Decree shall be construed as an admission of liability on the part of The Salvation Army, which has denied the allegations of the Complaint asserting disability discrimination under the ADA .
4. The Salvation Army and its managers, officers, agents, successors, and assigns, agree that they will not discriminate against any individual because of the individual's actual disability, record of a disability, or any perception of disability, subject employees to differential treatment regarding the terms and conditions of employment on the basis of their disability, record of disability, or perception of disability, engage in any disability discrimination toward any employee, or engage in retaliation against any individual for asserting her or his rights unde r
2

the ADA . The Salvation Army also agrees to provide reasonable accommodations to employees as is required under the ADA . The Salvation Army and its agents further agree not to retaliate against an y individual who has participated in th is matter in some way, given testimony in th is matter or asserted her or his rights under the ADA, including, but not limited to, Charging Party Lanzim . A. MONETARY RELIEF
5 . In settlement of this dispute, The Salvation Army shall pay a total of $5,000 .00 (five thousand dollars) in compensatory damages . As to payments for compensatory damages, The Salvation Army is not required to withhold taxes or to make any employer contributions for FICA, except that it must issue a 1099 for these payments.
6. Payment shall be made by delivering to Lanzim within fourteen (14) days of the entry of this Decree, by United States Postal Service, certified mail receipt, a check in the amount set forth above and a 1099 form . The check shall be made out to and mailed to Craig Lanzim, 230 Porter Road, Plainfield, New Hampshire 03781 .
7. The Salvation Army shall send copies of the checks, 1099 form, and return receipt to EEOC c/o Markus L . Penzel, Senior Trial Attorney, EEOC, Boston Area Office, JFK Federal Bldg . Room 475, Boston, MA 02203-0506, simultaneously with The Salvation Army's delivery to Lanzim . B. NOTICE AND POSTIN G
8. No later than seven (7) days after the entry of this Decree, The Salvation Army shall post at its West Lebanon, NH, facility a copy of a remedial notice printed on its letterhead and signed by its Chief Executive Officer, attached hereto as Exhibit "A" Said notice shall b e
3

posted upon the Court's entry of this Decree and remain posted for four (4) years from the entry of this Decree . C. WRITTEN POLICY
9 . The Salvation Army shall adopt an Equal Employment Opportunity Policy within sixty (60) days of Court's entry of this decree . This Policy will be subject to an evaluation for substantial compliance by the EEOC. In the event that the proposed policy is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than forty-five (45) days after receiving the EEOC's objection . Approval will not be unreasonably withheld . The policy shall include a detailed complaint procedure that includes a clear explanation of prohibited conduct, assurance that employees who make complaints of discrimination or provide information related to such complaints will be protected against retaliation; a clearly described complaint process that provides accessible avenues of complaint ; assurance that the employer will protect the confidentiality of complaints to the extent possible, and a complaint process that provides a prompt, thorough, and impartial investigation, and assurance that The Salvation Army will take immediate and appropriate corrective action when it determines that discrimination has occurred .
10. This policy will specifically include a statement regarding The Salvation Army's responsibility to provide all persons equal employment opportunity in hiring, without regard to disability, age, race, color , national origin, religion or sex . It shall also provide a statement about its responsibility to provide its employees reasonable accommodations under th e ADA, and shall provide a clearly identified process and procedure for directing requests for accommodation to management or human resources . This policy will be included in any relevant policy or employee manuals kept by The Salvation Army . The policy will also be posted in a conspicuou s
4

an d accessible place for all employees and printed in a font that is easily legible (at least 14 point font ) and provided to all employees, within thir ty days of the EEOC's approval of it after review . D. TRAINING
11 . All The Salvation Army management at its West Lebanon, NH, facility shall be required to attend an intensive training program of at least four hours regarding equal employment opportunity rights and responsibilities, with a focus on disability discrimination and the rights and responsibilities of both employee and employer with regards to hiring persons with disabilities, providing persons with disabilities with equal opportunity in employment and the provision of reasonable accommodations in employment . Management employees will receive training on the implementation of the policy and procedures described in paragraphs 9 & 10 yearly; and all new management employees shall receive this training immediately upon hire during initial orientation or otherwise . All management and other employees with hum an resources related functions shall also be trained on their responsibilities regarding The Salvation Army's Recordkeeping Policy set forth in ¶17. A similar , related training of at least two hours shall be provided to and required of non-m anagerial employees . This training shall be conducted by an outside person or organization subject to EEOC's prior approval . A ce rtificate or other proof of course completion by all employees of this training shall be provided to the EEOC no later than one year after the entry of this Decree. Management employees as set forth above shall specifically include Capt. Louis Patrick, Manager Chris West, and any other management and/or human resources employee located at or responsible for the West Leb anon, NH store .
12 All training materials related to these training programs , including but not limited to hand-outs, overheads , power -point presentations and outlines shall be forw arded to Markus L . Penzel, Senior Trial Attorney, EEOC , Boston Area O ffice, JFK Federal Bldg . Room 475 ,
5

Boston , MA 02203-0506, for evaluation of subst antial compliance and approval within thirty (30) days after receiving notice of the Cou rt' s entry of this Consent Decree . EEOC will then notify The Salvation Army within fou rteen ( 14) days, as to whether such training materials are acceptable. In the event that the proposed materials are not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than forty -five ( 45) days after receiving the EEOC's objection . Approval will not be un reasonably withheld . Once approved , The Salvation Army shall conduct the aforementioned training for managers an d employees within thi rty (30) days of the EEOC's approval of the training materials . E. PARTICIPATION IN INTERNSHIP PROGRA M
13 . The Salvation Army's Lebanon , NH, store agrees to identify and participate in an established internship program with the local School System whereby it will offer unpaid internships to students with disabilities and/or students who are enrolled and/or qualify for the school's Special Education program . The Salvation Army will participate in this program for at least the effective period of this Consent Decree.
14. Within thir ty (30) days from the entry of this Decree, The Salvation Army will advise EEOC c/o Senior Trial Attorney, Markus L . Penzel as to its effo rts to comply with ¶13 above . Each and every time it offers an internship to an individual pursuant to ¶ 13, it shall notify the EEOC of that individual 's name, date of hire, name of supervisor and identify any reasonable accommodations , if any, which were requested and made for that individual . F. LIAISON TO JOB COACHING/PLACEMENT AGENCY FOR INDIVIDUALS
WITH DISABILITIES . 15. The Salvation Army's West Leban on, NH, store agrees to designate one of its staff members to act as a liaison to a job coaching/placement agency for persons with disabilities such as the United Development Center, the HCRS (Health Car e Rehabilitation Serv ice), or the
6

DSSC (Developmental Services of Sullivan County), for the purposes of communicating jo b openings to participants in these job placement programs . This designation and working relationship with at least one of these programs will continue for at least the period of this Consent Decree .
16 . Within thirty (30) days from the entry of this Decree, The Salvation Army will advise EEOC c%o Senior Trial Attorney, Markus L . Penzel as to its efforts to comply with ¶15 above. Each and every time it hires an individual through its relationship with any of the aforementioned agencies set forth in ¶15, it shall notify the EEOC of that individual's name, date of hire , wage (if applicable), name of supervisor and identify any reasonable accommodations, if any, which were requested and made for that individual . G. RECORDKEEPIN G
17 . The Salvation Army shall comply with the applicable recordkeeping regulations set forth in 29 CFR §1602 et. seq . In this regard, it shall adopt a Recordkeeping Policy within sixty (60) days of Court's entry of this decree . This Policy will be subject to an evaluation for substantial compliance by the EEOC . In the event that the proposed policy is not acceptable to the EEOC, the parties will confer in good faith and attempt to reach an agreement no later than forty-five (45) days after receiving the EEOC's objection . Approval will not be unreasonably withheld . This policy will be distributed to all managers and persons having any human resources related function within its organization . These persons shall also be trained on their responsibilities under this policy through the training set forth in ¶¶11&12 above . H. MONITORING
18 . The EEOC has the right to monitor and review compliance with this Consent Decree, Accordingly :
7

a) On or before one year after the entry of this Decree, The Salvation Army shall submit written proof via affidavit to the EEOC that it has complied with the above requirements set fo rth in paragraphs 5-17 above. Such proof shall include, but not be limited to, a sign-in sheet or certificate or other proof of training completion, evidence of its continued effo rts under
Sections E & F, and an affidavit stating that the required posting was posted in its West Lebanon, NH, facility .
b) Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that The Salvation Army fails to perform the promises and representations contained herein .
19 . This Decree will remain in effect for 4 years from the entry of this Consent Decree,
SO ORDERED, ADJUDGED AND DECREED. Signed this 20 day of July 200 5
/s/ Paul Barbador o Judge
APPROVED IN FORM AND CONTENT :
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Elizabeth Grossman Acting Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall St ., 5' Floor NY, NY 10004-2112 (212) 336-3696 Elizabeth .Grossman@eeoc .gov
8

/s/ Markus L . Penzel Markus L . Penzel Senior Trial Attorne y EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office JFK Federal Building, Room 475 Boston , MA 02203-050 6 (617) 565-3193 markus .penzel@eeoc.gov The Salvation Army /s/ Josephh F . Daschbach By its attorney Joseph F . Daschbach, Esq . Daschbach, Cooper, Hotchkiss & Csatari, P .A. 8 South Park Street, P .O. Box 19 1 Lebanon, NH 03766-0191 (603) 448-221 1
9

EXHIBIT A
NOTI C E
1 . This notice to all employees of The Salvation Army, in West Lebanon, NH, is being posted and provided as part of a Consent Decree between The Salvation Army, as Defendant and the U .S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, as Plaintiff. As part of the resolution of this matter, The Salvation Army agrees to provide equal employment opportunity to all persons in hiring without regard to disability, age, sex, race, color, national origin or religion and agrees to provide its employees with accessible avenues of complaint , provide thorough and impartial investigation and take immediate corrective action when discrimination occurs. The Salvation Army also will not retaliate against any employee who brings forth a complaint pursuant to its equal employment opportunity policies or otherwise engages in protected activity under Federal anti-discrimination laws .
2. Federal law requires that there be no discrimination against an y employee or applicant for employment because that person made a complaint of discrimination because of sex , race, national origin, color or religion , age or disability with respect to hiring, compensation , promotion, discharge, or other terms , conditions or privileges of employment . Employees are also protected from retaliation for complaining about unlawful discrimination or for otherwise opposing unlawful discriminato ry conduct.
3. The Salvation Army will comply with such Federal law in all aspects , and it will not take any action against employees because they have exercised their rights under the law by filing charges or cooperated with the U .S. Equal Employment Opportunity Commission or by otherwise opposing employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended .
4. The Equal Employment Opportunity Commission maintains offices throughout the United States. Its toll- free telephone number is 1-800-669-4000. The Boston Area Office of the Equal Employment Opportunity Commission , which has jurisdiction over New England, can be reached directly at (617) 565-3200 .
5. This NOTICE will remain posted until _[4 YEARS FROM DATE OF SIGNATURE]
SIGNED this _ day of , 2005 .
CHIEF EXECUTIVE OFFICER
10

 
 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

EQUAL EMPLOYMENT

}

OPPORTUNITY COMMISSION, )

)

Plainti ft~

)

)

-against-

)

)

THE SALVATlON ARMY

)

)

Defendant. )

Civil Action No. 1:05-CV-343-PB

STIPULATION AND ORDER MODIFYING AND CLARIFYING CONSENT DECREE
WHEREAS a Consent Decree was entered in this matter on October 6,2005; and
WHEREAS a dispute arose between the parties concerning the scope and interpretation of the Consent Decree's Ierms: and
WHEREAS the Equal Employment Opportunity Commission (the "EEOC') sought to resolve the dispute by filing a motion for contempt against thc Salvation Army; and
WHEREAS the parties desire to resolve the motion for contempt and their dispute without further litigation and expenditure of judicial resources; and
WHEREAS the EEOC agrees to withdraw its Motion for Contempt ill consideration for this Stipulation;
THEREFORE, the parties stipulate that the Consent Decree entered on October 6, 2005, shall rcmain in full force and effect with the following clarifications and modifications:
1. Unless otherwise specifically indicated, any reference in the Consent Decree to "The Salvation Army" shall be construed to refer to The Salvation Army, the New York corporation, the corporate instrumentality of the Eastern Territory of The Salvation Army in the United States.
2. The references to religion in paragraph J0 and Exhibit A shall bc deleted.
3. Thc EEOC has agreed that the ADA policy statement proposed to the EEOC on July 6, 2006 (hereafter "ADA Policy") satisfies The Salvation AmlY's obligations under the second sentence of paragraph 10 of the Consent Decree. The ADA Policy shall be adopted and distributed to all Salvation Army facilities within its Eastern Territory as a pari of the revision of the Eastern Territory Employee Manual currently anticipated to be effective January 1,2007. [n thc cvent the revised Manual is to be distributed any laler than January 31, 2007, The Salvation Army shall notify the EEOC (by communication with Markus L Penzel, Esq.) of the projected

completion datc for distribution no later than January 31,2007. This policy has been reviewed by the EEOC in conjunction with other written equal employment opportunity policies of Thc Salvation Army, and if it is so adopted and distributed, The Salvation Army shall be in
substantial compliance with paragraphs 9 and to of tile Consent Decree.
SO ORDERED, ADJUDGED AND DECREED. Signed this.~ day of August, 2006
lsi Paul Barbadoro
Judge
APPROVED IN FORM AND CONTENT:
EQUAL EMPLOYMENT OPPORTl;NITY COMMISSION
Elizabeth Grossman Regional Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 \'il1itehall St, 5'h Floor NY, NY 10004-2112 (212) 336-3696 E!izabcth.Grossman@ecoc.gov
lsi MJElcJdS L Penze!
Markus L Penzel Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Boston Area Office JFK Federal Building, Room 475 Boston, MA 02203-0506 (617) 565-3193 markus.pcnzcl@eeoe.gov
2

The Salvation Anny isi Joseph~, Dgschbac",h,-__ By its attorney Joseph F. Daschbach, Esq. Daschbach, Cooper, Hotchkiss & Csatari, P.A. 8 South Park Street, P.O. Box 191 Lebanon, NH 03766-01 91 (603) 448-2211 is! Kathy l!.j::hin . Kathy Chin, Esq. Paul W. Mourning, Esq. Cadwalader, Wickersham & Taft LLP One World Financial Center New York, NY 10281 212-504-6000
3

 
 CM/ECF - U.S. District Court:nhd - Docket Report

https://ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl?703064867934695-L_35...

U.S. District Court District of New Hampshire (Concord) CIVIL DOCKET FOR CASE #: 1:05-cv-00343-PB

CLOSED, ECF

US Equal Employment Opportunity Commission v. The Salvation Army Assigned to: Judge Paul J. Barbadoro Cause: 42:12101 Americans With Disabilities Act

Date Filed: 09/30/2005 Date Terminated: 10/06/2005 Jury Demand: Plaintiff Nature of Suit: 445 Civil Rights: Americans with Disabilities - Employment Jurisdiction: U.S. Government Plaintiff

Plaintiff
US Equal Employment Opportunity Commission

represented by Markus L. Penzel U.S. Equal Employment Opportunity Commission John F. Kennedy Federal Building Government Center Fourth Floor, Room 475 Boston, MA 02203 617 565 3200 Email: markus.penzel@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant The Salvation Army

represented by Joseph F. Daschbach Daschbach Cooper Hotchkiss & Csatari PO Box 191 Lebanon, NH 03766 603 448-2211 Email: joe@dchclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathy H. Chin Cadwalader Wickersham & Taft LLP One World Financial Center New York, NY 10281 212 504-6000 Email: kathy.chin@cwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul W. Mourning

1 of 4

5/22/2007 9:46 AM

CM/ECF - U.S. District Court:nhd - Docket Report

https://ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl?703064867934695-L_35...

Cadwalader Wickersham & Taft LLP One World Financial Center New York, NY 10281 212 504-6000 Email: paul.mourning@cwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/30/2005 09/30/2005 10/03/2005 10/04/2005 10/06/2005 04/10/2006
04/19/2006 04/19/2006 05/08/2006

#

Docket Text

1 COMPLAINT against The Salvation Army with Jury Demand filed by US Equal Employment Opportunity Commission. (Attachments:, # 1 Main Doc.'s.: Date Filed & Signature Pages)(jeb, ) Additional attachment(s) added on 10/3/2005 (jeb, ). (Entered: 10/03/2005)
2 Proposed CONSENT DECREE. (jeb, ) (Entered: 10/03/2005)
3 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Joseph F. Daschbach, Esq. must register within 30 days. Notice of Compliance Deadline set for 11/2/2005. (jeb, ) (Entered: 10/03/2005)
ENDORSED CONSENT DECREE. Text of Order: Consent Decree approved Signed by Judge Paul Barbadoro. (mm, ) (Entered: 10/06/2005)
4 JUDGMENT is hereby entered in accordance with Consent Decree. Signed by Clerk James R. Starr. (Case Closed) (mm, ) (Entered: 10/07/2005)
5 MOTION for Contempt filed by US Equal Employment Opportunity Commission. Follow up on Objection on 5/1/2006 (Attachments:, # 1 Memorandum of Law, # 2 Exhibit (Affidavit) Declaration of Markus Penzel, # 3 Attachment to Exhibit Decl. Ex A, Letter dated December 15, 2005, # 4 Attachment to Exhibit Decl. Ex. B, Letter dated December 19, 2005, # 5 Attachment to Exhibit Decl. Ex. C, Letter dated March 20, 2006, # 6 Attachment to Exhibit Decl. Ex. D, Letter dated March 24, 2006)(Penzel, Markus) (Entered: 04/10/2006)
6 Assented to MOTION to Extend Time to Object/Respond to 5 MOTION for Contempt to 05/12/06 filed by The Salvation Army. (Daschbach, Joseph) (Entered: 04/19/2006)
ENDORSED ORDER granting 6 Motion to Extend Time to Object/Respond re 5 Motion for Contempt,,. Text of Order: Granted. So Ordered by Judge Paul Barbadoro. Follow up on Objection on 5/12/2006 (ja, ) (Entered: 04/19/2006)
7 MOTION for Kathy Chin and Paul Mourning to Appear Pro Hac Vice filed by The Salvation ArmyServed on 5/4/06. Follow up on Objection on 5/30/2006 (Attachments:, # 1 Exhibit (Affidavit) 1 - Kathy Chin, # 2 Exhibit (Affidavit) 2 Paul Mourning)(mm, ) (Entered: 05/09/2006)

2 of 4

5/22/2007 9:46 AM

CM/ECF - U.S. District Court:nhd - Docket Report

https://ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl?703064867934695-L_35...

05/10/2006 05/10/2006 05/10/2006
05/12/2006
05/15/2006 05/25/2006 05/25/2006 05/26/2006 05/30/2006 06/10/2006
07/10/2006 07/11/2006

8 Assented to MOTION to Amend 7 MOTION for Kathy Chin and Paul Mourning to Appear Pro Hac Vice filed by The Salvation Army (Daschbach, Joseph) (Entered: 05/10/2006)
Motions terminated: 8 Assented to MOTION to Amend 7 MOTION for Kathy Chin and Paul Mourning to Appear Pro Hac Vice filed by The Salvation Army,. This should have been filed as an addendum to document #7 (mm, ) (Entered: 05/10/2006)
ENDORSED ORDER granting 7 Motion to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Kathy Chin and Paul Mourning submit an ECF registration form within 10 days. So Ordered by Judge James R. Muirhead. Notice of Compliance Deadline set for 5/23/2006. (djb, ) (Entered: 05/10/2006)
9 OBJECTION to 5 MOTION for Contempt filed by The Salvation Army. (Attachments:, # 1 Memorandum of Law Memo in Opposition, # 2 Exhibit (Affidavit) Declaration of Joseph Daschbach, # 3 Exhibit (Affidavit) Affidavit of Paul Mourning, # 4 Exhibit Ex. 1 to Mourning Affidavit, # 5 Exhibit Ex. 2 to Mourning Affidavit, # 6 Exhibit Ex. 3 to Mourning Affidavit, # 7 Exhibit Ex. 4 to Mourning Affidavit)(Daschbach, Joseph) (Entered: 05/12/2006)
10 Notice of Intent to Reply to Objection to 5 MOTION for Contempt. (Penzel, Markus) (Entered: 05/15/2006)
11 Assented to MOTION for Leave to File Reply Memorandum filed by US Equal Employment Opportunity Commission (Penzel, Markus) (Entered: 05/25/2006)
12 REPLY to Objection to Motion re 5 MOTION for Contempt, 11 Assented to MOTION for Leave to File Reply Memorandum filed by US Equal Employment Opportunity Commission. (Penzel, Markus) (Entered: 05/25/2006)
NOTICE of ECF Filing Error re: 12 Reply to Objection to Motion filed by US Equal Employment Opportunity Commission, Document should have been filed as an attachment to the main document (AP 2.5(a)). NO ACTION REQUIRED FOR INFORMATIONAL PURPOSES ONLY. (mm, ) (Entered: 05/26/2006)
ENDORSED ORDER granting 11 Motion for Leave to File reply. Text of Order: Granted So Ordered by Judge Paul Barbadoro. (mm, ) (Entered: 06/01/2006)
ENDORSED ORDER deferring ruling on 5 Motion for Contempt. Text of Order: The parties shall meet and confer and attempt to resolve their dispute by agreement. They shall file a status report regarding their efforts within 30 days. If the matter is not resolved by agreement, it shall be referred to the Magistrate Judge for a Report and Recommendation. So Ordered by Judge Paul Barbadoro. (ja, ) (Entered: 06/12/2006)
13 STATUS REPORT by The Salvation Army (Chin, Kathy) (Entered: 07/10/2006)
ENDORSED ORDER 13 Status Report. Text of Order: Noted Signed by Judge Paul Barbadoro. (mxm, ) (Entered: 07/11/2006)

3 of 4

5/22/2007 9:46 AM

CM/ECF - U.S. District Court:nhd - Docket Report

https://ecf.nhd.uscourts.gov/cgi-bin/DktRpt.pl?703064867934695-L_35...

07/19/2006 07/20/2006 08/04/2006

14 STIPULATION re 2 Proposed Consent Decree, Consent Decree / Stipulation Modifying and Clarifying Consent Decree by The Salvation Army (Chin, Kathy) (Entered: 07/19/2006)
15 CONSENT DECREE. Signed by Judge Paul Barbadoro. (mxm, ) (Entered: 07/24/2006)
16 STIPULATION and Order (mxm, ) (Entered: 08/04/2006)

PACER Service Center

Transaction Receipt

05/22/2007 10:48:06

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 2

Cost:

eeoc 1:05-cv-00343-PB 0.16

4 of 4

5/22/2007 9:46 AM