IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES EQUAl., Ii;MPLOYMENT OPPORTUNITY C()MMISSION,

Plaintiff,

No.

J[JDGE SHADUR

FAMILY VIDEO MOVIE CLUB INC., d/b/a FAMILY VIDEO,
Defendant.

,SEP I 2 2007) -)
) ) )

NATURE OF THE ACTION

JURY DEMAND

This is an action under the Age Discrimination in Employment Act to correct unlawful

employment practices on the basis of age and to provide apl;ropriate relief to Lore No~vlin

("Nowlin") and a class of applicants for employment over the age of 40. The Equal Employment

Opportunity Commission ("tl:te Commission" or"EEOC:") alleg{:s ~t~at since at least September 2000,

Family Video failed to hire Novdin and a class of qualified appl icants over the age of 40 due to their

age.

.JURISDICTION AND VENUE

1. Jurisdiction olthis Court is invoked pursuant ~o 28 U.S.C. §§ 45I, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 7(b) of the Age

]Discrimination in Employment .Act of 1967, as amended, 29 I5 .S,~7. § 626(b) (the "ADEA"), which

incorporates by reference Sections 16(c) and i7 of the Fail L:tbor Standards Act of 1938 (the

"FLSA"), as amended, 29 U,S,C. §§ 216(c) and 217.

2.

The employment practices alleged to bc tmlawful were and are now being

committed within the jurisdiction of the United States, DistricI (ourt for the Northern District of Illinois, Eastern Division.
PARTIES 3. Plaintiff, the t!’,EOC, is the agency of the United Stn,tes of America charged with the administration, interpretation m~d enforcement of the M)EA and is c’xpressly authorized to bring this action by Section 7(b) of the ADE A, 29 U.S.C. § 626(b), as am e:.~d~,’d by Section 2 of Reorganization Plan No. I of 1978, 92 Stat. 3781, and by Public Law 98-532 (lC~841, 98 Stat. 2705. 4. At all relevant times, Defendant, Family Video 1’,4o vie Club Inc., d/b/a Family Video (the "Employer"), has contim~.ously been doing business in the St.al e of Illinois, and has continuously had at least 20 employees. 5. At all relevant times, Defendant Employer has continuously been an etnployer engaged in an industry affccti ng c.ommerce within the meaning o1 Sections 1 l(b), (g) and (h) of the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).
CONCILIATION 6. Prior to instit,,,tion of this lawsuit, the Commi:~sion’s representatives attempted to eliminate the unlawful employment practices alleged be:low and to effect voluntary compliance with the ADEA through informal rnethods of conciliation, conference and persuasion within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
STATEMENT OF CLAIMS 7. Since at least on or about September 2(100, the l.)e [~ndant Employer has engaged in unlawful employment practices at its video rental stores, in ,.’iclation of Section 4(a)(1) of the ~d)EA, 29 U.S.C. § 623(a)(1 ). Tt~e practices included failure ’~o h re Nowlin and a class of qualified applicants over the age of 4(I due to their age.
2

8. The effect of Ihe practices complained of in pa.tagcaph 7 above has been to deprive Nowlin and a class of qualified applicants over the age of 40 of~:qt~al employment opportunities and otherwise adversely affect their statns as applicants, because of their age.
9. The unlawful employment practices complained o [ in paragraph 7 above were and are willful within the meaning o1!’ Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests ~hat lhi ~ Court: A. Grant a permanent inj unction enjoining Defendm~t [-’~mpIoyer, its officers, successors, assigns and all persons in acl:ive concert or participation with ;.t, :?-ore engaging in refusing to hire applicants because of their being over 40 years of age and an’¢ other employment practice which discriminates on the basis of age against individuals 40 years of :Lge and older. B. Order Defendant I!!mployer to institute and carry ot.I. policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past m~d present unlawful employ~r, en~ practices. C. Order Defendam Employer to make whole all individuals adversely affected by the unlawful practices described above, by providing the afl]mmtivc relief necessary ~o eradicate the effects of its unlawful practices:, including but not limited lo ~ightful place hiring or award of l~’rontpay to Nowlin and a class of qualified applicants over 4(] years of age.
Grant such. fi.mher relief as the Court deems necessary mad proper in the public interest.
E. Award the Commission its costs of this action.

JURY TRIAL DEMAND The Commission rcqucsts a jury trial on all questions ol: lhct raised by its complaint.

Respectfiflly submil ted,

NICHOLAS M. I NZEO Acting Deputy C, en..’ral Counsel

GWENDOLYN YOUNG REAMS Assistant General (ounsel

EQUAL

OPPORTUNITY

011
omc>
ttomey ~
Ethan M, M. Cohec Trial Attorney
]Ethan M. M. Cohen A.R.D.C. No. 6206781 ]EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 (312) 353-7568

Civil Cove,~ Sheet

~",

httt~://www.ilnd.uscouns.gov/PUBLIC/Fom~s/auto~s44.cfio ~

UNIITED STATES DISTRICT COURT NORTttERN DISTRICT OF ILI.1NOIS

Civil Cover Sheet

This automated JS-44 confonns generally to the manual JS-44 approved by the :ud cial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the p~ rp~,,~e of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and set, ice of pleadings or other papers as required by law. This form is authorized for use onl,,: in the Northern District of Ilhnois.

Phtintiff(s): United States Equal Employment Opportunit Commission

County of Residence:

Plain.tiffs Atty:

Ethan M. M. Coher~ EEOC 500, W. Madison, #2800, Chicago, IL 6066 l (3~2)

Defendant(?,):Family Video Movie Club Inc., d/b/a Family ’Video County of Rzsidence: Defendant’s At
020 6__4_.9_0_._

Ii. Basis of Jurisdiction: (,,C~,/U’S" Gov’t Plaintiff
II[. Citizenship. of Principal Parties (Diversity Cases Only)
Plaintiff:- N/A Defendant:- N/A

MAGISTRATE JUDGE GERALDINE SOAT BROWN

IV. Origj_g :

1. Original Proceeding

V. Nature of Suit:

~i;;mployment

Vl.Cause of Action:

S ection 4(a)(l) of the ADEA, 29 U.S.C. § 623(a)(1 ), failure to hire a

class of qualified applicants over tlte age of 40 due to their age.

VII. Requested in Complaint

Class Action:

Dollar Demand:

Jury Demand: Yes

VIII. This case IS NOT a refilin[~ of a previously dismissed case.

Date:

If any of this information is incolTec~., please go back to the Civil Cover Shee~: [l/pUt l’Ol’ll] ~.lSi~Jg tl-,e ]/ack bulton ill your browser and change

it_ Once COtTect, print this form. sigu and date it and submit it with your new civil acthm. Note: You may need to adjust tile font

size in your browser display ~o make the for~n print properly.

Revised: 06/28/00

1 of 2

9/12/02 10:30 AM

L ~TED STATES DISTRICT NORTtlERN DISTRICT OF IMJNOIS

In tlhe Matter of United States Equal Employment Opportunity Commission ("EEOC") v. Family Video Movie

Club, Inc., d/b/a Family Video

t .

(ase Number:

02C 6490

APPEARANCES ARE HEREBY FI.L A:: B) Y THE UNDERSIGNED A S ATTORNEY(S) FOR:

MAGISTRATE JUDGE

Plaintiff, EEOC

GER,~J_DINE SOAT B.ROWM

TELEF’IIONE NUMBER (312) 353-8551 I DENIIFICATI(2’N NUMBER (SEE ITEM ’~ ON REX’ERSE) A.R. D C. No. 01187589

T~’AL Ar~O~’~,V’,

V~S X []

~OC I, I
STREET ADDRESS ~i O0 (~fadison, Suite 2800 ClTY/ST,iTE.ZlP Chicago, IL 60661

,.l~,~,,o~,~ .~,.,,,,,,., (312) 886-9124

,i~NTI,:~CAnO~. ’~U’"’*’" ,S~£ ~S~,~’~ o~ ,~v~,s~>A.R.D.C. No. 06210804

MEMBER OF I’RL~.L ,,\R rRIAL A’rTORNE’~ " DESIGNATEI) AS I.OC’\L .::)UNSEL"

YES

X

YES

X

YES

[]

NO [] NO [] NO []

Ethan M. M. Cohen ~’~" EEOC ~,~:-~o,,~s 500 W. Madison, Suite 280’3 c~w.’s~re~z~p Chicago, IL 60661 T~o.~..~,~ (312) 353-7568 ~DeNn,;,.’~,’,ON~V~ae~ ~S~ ,~ ; O~ ~V~S~ A.R.D.C. No. 06206781

SIGNATURE NAME F I RM S I’REEI" ADI)RE~S CI’FY/S" I’A FE~ZI I’ ~ELEPIIONE NL;M(~i ~ IDENTIFICATION NUMBLR ~SEE ITEM 4 ON REVERSEI

TRIAL ATTORNEY?

YES X

NO

~

tRIAL ,VITORN’~’ ?

YES

~

NO ~

 
 -jS~

United Stat(~s District Court, Northern District of Illinois

Name of ASligned. Judge or Magistrate 'Judge

Milton I. Shadur

Slttial Judge if Otber than Assigned Judge

CASE NUMBER

02 C 6490

DATE

7/10/2003

CASE TITLE
MOTION:

US EEOC vs, Family Video Movie Club, Inc,
[In the followmg bo,(a) indIcate the party filmg the motioD, e,g" phu,nti,ff, defendan~ 3rd party plaintiff, and (b) state bneftythe nature ofthc motion being presented.]

DOCKET ENTRY:

(1) o

Filed motion of [ use listing in "Motion" box above,]

(2) o
(3) o

Brief in support of motion due _ _' Answer briefto motion due_ _, Reply to answer brief due_ _,

(4) o

RulingIHearing on _ _ set for _ _ at _ _'

(5) o

Status hearing[beld/continued to) [set for/re-set for) on _ _ set for _ _ at _ _ _'

(6) o

Pretrial conference[beld/continued to) [set for/re-set for) on _ _ set for _ _ at _ _'

(7) o

Trial[set for/re-set for] on _ _ at _ _'

(8) o

[Bench/Jury trial) [Hearing) held/continued to _ _ at _ _'

(9) o
• (10)

This case is dismissed [with/without) prejudice and without costs[by/agreementlpursuant to)
o FRCP4(m) 0 Local Rule 41.1 0 FRCP4l(aXl) 0 FRCP4l(aX2),
[Other docket eotry) Enter Consent Decree,

•

[For further detail see order attached to the original minute order,)

No notices required, advised in open court.

No notices required.

Notices mailed by judge's staff.

Notified counsel by telephone.

Docketing to mail notices.

Mail AO 450 fonn,

Copy to judge/magistrateJudge,

courtroom

SN

deputy's

initials

JUt 1 I llJ(f.f
7/1012003 8N

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

FAMILY VIDEO MOVIE CLUB INC.,

)

d/b/a FAMILY VlIDEO,

)

Defendant.

)

)

Case No. 02 C 6490 Judge Shadur

DOCKETED
JUl II 2003

CONSENT DECREE

THE LITIGATION

1. Plaintiff Equal Employment Opportunity Commission (the "EEOC'') filed this

action alleging that since at least on or about September 2000, the Defendant Employer has

engaged in· unlawful employment practices at its video rental stores, in violation of Section

4(a)(I) of the ADEA, 29 {;:.S.C. § 623(a)(I). The practices included failure to hire Nowlin and a

class of qualified applicants over the age of 40 due to their age (''the Class Members'').

2. In the inten:st of resolving this matter, and as a result of having engaged in

comprehensive settlement negotiations, the parties have agreed that this action should be finally

resolved by entry of this Consent Decree (hereafter "Decree"). This Decree fully and finally

resolves any and all issues and claims arising out of the Complaint filed by the EEOC in this

action. Nothing contained in this Decree shall be construed as an admission by either party of

liability or non-liability with respect to any of the claims of the suit.

FINDINGS

3. Having carefully examined the terms and provisions of this Decree, and based on

....

the pleadings, record, and stipulations of the parties, the Court finds the following:

a. This Court has jurisdiction of the subject matter of this action and of the

parties.

b. Th,~ t=s of this Decree are adequate, fair, reasonable, equitable, and just.

The rights ofthe parties, Nowlin (who filed the underlying Charge ofDiscrimination), the class

members, and the public interest are adequately protected by this Decree.

c. This Decree conforms with the Federal Rules of Civil Procedure and the

ADEA and is not in derogation of the rights or privileges of any person. The entry ofthis Decree

will further the objectives of the ADEA and will be in the best interests of the parties, Nowlin,

the class members, and the public.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

NON-DISCRIMINATION

4. Family, its officers, agents (including management personnel), successors, and

assigns are enjoined from discriminating on the basis of age in violation of the ADEA.

5.

During the period that this Decree remains in effect, all Family employees

participating in hiring decisions concerning Family's Downers Grove store shall be given a copy

of this Decree and shall certify in writing to (Family VP for Legal) that they have read it.

HIRING RELIEF .

6. EEOC will make inquiries of the claimants to determine whether they are still

interested in working at Family. Within 45 days of the signing of this Decree, EEOC shall

provide Family with a list of claimants who wish to work at Family, indicating what positions

the claimants seek and their address. During the period that this Decree is in effect, Defendant

shall notify, in writing by mail to their last known address, claimants seeking a particular

2

position should such a vacancy arise in the Downers Grove store. Family shall report to the EEOC how many claimants respond to each notice. Where a c1aimant(s) responds to such n()tice but is not hired, Family shall report to EEOC the basis for the decision not to hire the claimant(s).
NON-RETALIATION 7. Family, its officers, agents, employees, successors, assigns and all persons acting in concert with it shall not engage in any form of retaliation against any person because such person has opposed any pracetice made unlawful under the ADEA, filed a Charge of Discrimination under the ADEA, testified or participated in any manner in any investigation, proceeding, or hearing under the ADEA, or asserted any rights under this Decree.
MONETARY RELIEF FOR CHARGING PARTY AND CLASS MEMBERS 8. Within five (5) business days after entry of this Decree, the EEOC will mail to the Charging Party and the class members a copy of the Release Agreement attached as Exhibit A, and a copy of the letter attached as Exhibit B to this Decree. 9. Within five (5) business days after receipt by the EEOC of the signed Release Agreements, the EEOC shall mail the Release Agreements to Defendant. 10. Within five (5) business days after receipt by Defendant of the signed Release Agreement from the Charging Party, Defendant shall issue and mail by certified mail to the Charging Party a check payable to the order of the Charging Party in the amount of $17,000.00. Within five (5) business days after receipt by Defendant of the signed Release Agreements from the Class Members, Defendant shall send by certified mail a check to each Class Member who has returned a signed release agreement to the EEOC. Each Class Member other than the Charging Party who has returned a signed Release Agreement shall receive a pro rata share of
3

$100,000.00. The EEOC shall provide Defendant with current addresses for the Charging Party and class members. In the event that any check is undeliverable, Defendant shall so notify the EEOC, in writing, and EEOC shall have thirty (30) days to supply a new mailing address to Defendant (to which Defendant shall mail the check) or to notify Defendant that it cannot locate the class member. Within ten (10) business days of such latter notification, Defendant shall issue and mail to the Greater Chicago Food Depository, by certified mail, a check equal to the sum of the check(s) which was undeliverable.
POSTING OF NOTICE 11. Within five (5) business days after entry of this Decree, Family shall post a samesized copy of the Notice attached as Exhibit C to this Decree at its Downers Grove, Illinois video rental store in a conspicuous location easily accessible to and commonly frequented by employees of Family. Thel Notice shall remain posted for two (2) years from the date of entry of this Decree. Family shall take all reasonable steps to ensure that the posting is not altered, defaced or covered by any other material. Family shall certify to the EEOC in writing within ten (10) business days after enltIy of the Decree that the Notice has been properly posted. Family shall permit a representative of the EEOC to enter Family's premises for purposes of verifying compliance with this Paragraph at any time during normal business hours without prior notice.
RECORD KEEPING 12. For a period of two (2) years following entry of this Decree, Family shall maintain and make available for inspection and copying by the EEOC records (including name, age, social security number, address, telephone number, position applied for, date of application, store applied to) of each person applying for employment with Family's Downers Grove, Illinois store. 13. Family shall make all documents or records referred to in Paragraph 12, above,
4

available for inspection and copying within five (5) business days after the EEOC so requests. In addition, Family shall make available all persons within its employ whom the EEOC requests for purposes of verifying compliance with this Decree and shall permit a representative of the EEOC to enter Family's premises for such purposes on five (5) business days advance notice by the EEOC.
14. Nothing contained in this Decree shall be construed to limit any obligation Family may otherwise have to maintain records under the ADEA or any other law or regulation.
REPORTING 15. Family shall furnish to the EEOC the following written reports semi-annually for a period of two (2) years following entry of this Decree. The first report shall be due six (6) months after entry of the Decree. The final report shall be due twenty-four (24) months after entry of the Decree. Each such report shall contain:
a. the number of applications received for each position which was filled during the preceding six months at Family's Downers Grove, Illinois store; number of applicants for position over the age of 40 and number of applicants under the age of 40 for each position; age of successful applicant for each position; location (store) of each filled position;
b. the results of efforts toward hiring relief as set out in Paragraph 6, above; c. a celtification by Family that the Decree had been read by all personnel required as set out in Paragraph 5, above; and, d. a celtification by Family that the Notice required to be posted in Paragraph II, above, remained posted during the entire six (6) month period preceding the report.
DISPUTE RESOLUTION 16. In the event that either party to this Decree believes that the other party has failed
5

to comply with any provision(s) of the Decree, the complaining party shall notifY the other party of the alleged non-compliance and shall afford the alleged non-complying party ten (10) business days to remedy the non-compliance or to satisfY the complaining party that the alleged noncomplying party has complied. Ifthe alleged non-complying party has not remedied the alleged non-compliance or satisfkd the complaining party that it has complied within ten (10) business days, the complaining party may apply to the Court for appropriate relief.
DURATION OF THE DECREE AND RETENTION OF JURISDICTION 17. All provisions of this Decree shall be in effect (and the Court will retain jnrisdiction of this matter to enforce this Decree) for a period of two (2) years immediately following entry of the Decree, provided, however, that if, at the end ofthe two (2) years period, any disputes under Paragraph 16, above, remain unresolved, the term of the Decree shall be automatically extended (and the Court will retain jurisdiction of this matter to enforce the Decree) until such time as all such disputes have been resolved.
MISCELLANEOUS PROVISIONS . 18. Each party to this Decree shall bear its own expenses, costs and attorneys' fees. 19. The terms of this Decree are and shall be binding upon the present and future representatives, agents, directors, officers, assigns, and successors ofFamily. 20. When this Decree requires the submission by Family of reports, certifications, notices, or other materials to the EEOC, they shall be mailed to: Family Settlement, clo Ethan M. M. Cohen, Trial Attorney, Equal Employment Opportunity Commission, 500 West Madison Street, Suite 2800, Chicago, Illinois, 60661. When this Decree requires submission by the EEOC of materials to Family, they shall be mailed to: Michael Mulhem, Winston & Strawn, 35 W. Wacker Drive, Chicago, Illinois, 60601.
6

.... .. ..... ................ ....... ~--~

~~~~--

-~.-.-

......... ~ . --~~ ..........................................................

For the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507
James Lee Deputy General Counsel
Gwendolyn Young Reams Assistant General Counsel
EQUAL EMPLO~NT OPPORTUNITY COMMISSION

7JUi;Jiil
~chael~ulhern
Winston & Stawn 35 W. Wacker Drive Chicago, Illinois 60601

DATE: c::::::~ r 10, ,Qc003

ENTER:
CkJl-g~
The Honorable ~ilton I. Shadur United States District Judge
7

EXHIBIT A This is a legal document and you are advised to consult with an attorney before signing.
RELEASE AGREEMENT
I, xxxxxxx, for and in consideration of the sum of$Xx,OOO.OO, payable to me pursuant
to the tenns of the Consent Decree entered by the Court in EEOC v. Family Video Movie Club. lJJ&,., No. 02 C 6490 (N.D. Il1.), on behalf of myself, my heirs, assigns, executors, and agents, do hereby forever release, waive, remise, acquit, and discharge Family Video Movie Club, Inc. ("Family"), and all·past and present shareholders, officers, agents, employees, and representatives of Family, as well as all successors and assignees of Family, from any and all claims and causes of action of any kind which I now have or ever have had under the Age Discrimination in Employment Act of 1967, as a result of or arising from the subject matter and claims which were or which could have been asserted in EEOC v. Family Video Movie Club. Inc., No. 02 C 6490.
Date
8

•

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Chicago District Office

500 West Madison SL, Suite 2800
Chicago. IL 60661~2!Hl PH: (312) 353-2713
nY: (312)353-2421

FILE REVIEWS FAX: (312) 353-7623 MEDIATION FAX: (312) 353-6676 HEARINGS FAX: (312) 886-5391

STATE & LOCAL FAX: (312) 353-4041 ENFORCEMENT FAX: (312) 886-1168
LEGAL FAX: (312) 353-855S

EXHIBITB

_ _ _ _ _ _ _----',2003

xxxxxxxx
XXXXSt.
xxxxx, XX XXXXX

Re: EEOC v. Family Video Movie Club. Inc. No. 02 C 6490 (N.D. Ill.)

Dear Mx. XXXXXX:

A Consent Decree resolving the above-referenced lawsuit was signed by the parties and

entered by the Court on

,2003. Pursuant to the terms ofthe Consent Decree,

enclosed you will fmd a copy of aRelease to be signed by you.

In order to obtain any monetary relief under the Consent Decree in this case, you must sign the Release and return it to me. Please mail the signed Release to me as soon as possible at the following address:

Ethan M. M. Cohen Equal Employment Opportunity Commission 500 West Madison Street, Suite 2800 Chicago, lllinois 60661

I have enclosed a pre-addressed envelope for your convenience. You may, of course, wish to make and keep a copy of the signed Release for your own records.

If you have any que:stions about the Release or cannot sign and return the enclosed documents within fourteen days, please contact me at (312) 353-7568.

Sincerely,

Encls.

Ethan M. M. Cohen Trial Attorney
9

..
1
EXHIBITC
NOTICE TO ALL FAMILY VIDEO EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered by the federal court in EEOC v. Family Video Movie Club, Inc., No. 02 C 6490 (N.D. Ill.), settling a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") against Family Video Movie Club, Inc., ("Family").
In its suit, the EEOC alleged that Family failed to hire qualified applicants over the age of 40, due to their age, in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"). These allegations were denied by Family.
To resolve the case, Family and the EEOC have entered in to a Consent Decree which requires, among other thing:), that:
I) Family will pay monetary relief to a class of applicants over the a,ge of 40;
2) Family will not discriminate on the basis of age in violation of the ADEA;
3) Family will not retaliate against any person because he or she opposed any practice made unlawful by the ADEA, filed an ADEA charge ofdiscrimination, participated in any the ADEA proceeding, or asserted any rights under the Consent Decree.
The EEOC enforces the federal laws against discrimination in employment on the basis of age, race, color, religion, national origin, sex, and disability. !fyou believe you have been . discriminated against, you may contact the EEOC at (312) 353-2713. The EEOC charges no fees and has employees who sptmk languages other than English.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
This Notice must remain posted for two years from the date below and must not be altered, defaced 01" covered by any other material. Any questions about this Notice or compliance with its terms may be directed to: Family Settlement, EEOC SOO West Madison Street, Suite 2800, Chicago, Illinois 60661.
~L9~
The Honorable Milton I, Shadur United S,tates District Judge

 
 CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?422100366248045-L_35...
BROWN, TERMED
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02-cv-06490

EEOC v. Family Video Movie Assigned to: Honorable Milton I. Shadur Demand: $0 Cause: 29:623 Job Discrimination (Age) Plaintiff Equal Employment Opportunity Commission
V. Defendant

Date Filed: 09/12/2002 Date Terminated: 07/10/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by John C. Hendrickson United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-8551 Fax: (312) 353-8555 Email: john.hendrickson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ethan M.M. Cohen United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 353-7568 Email: ethan.cohen@eeoc.gov ATTORNEY TO BE NOTICED
Gregory M. Gochanour United States Equal Employment Opportunity Commission 500 West Madison Street Suite 2800 Chicago, IL 60661 (312) 886-9124 Email: gregory.gochanour@eeoc.gov ATTORNEY TO BE NOTICED

1 of 3

6/5/2007 11:55 AM

CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?422100366248045-L_35...

Family Video Movie Club, Inc.

represented by Michael Lawrence Mulhern Winston & Strawn LLP 35 West Wacker Drive 41st Floor Chicago, IL 60601-9703 (312) 558-5600 Email: mmulhern@winston.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Derek Grady Barella Winston & Strawn LLP 35 West Wacker Drive Chicago, IL 60601-9703 (312) 558-5600 Email: dbarella@winston.com ATTORNEY TO BE NOTICED

Date Filed 09/12/2002
09/27/2002 11/12/2002 11/12/2002 11/15/2002
12/03/2002 12/18/2002 01/22/2003 02/06/2003

#

Docket Text

1 COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Ethan M.M. Cohen as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 09/12/2002)
SCHEDULE set on 9/27/02 by Hon. Milton I. Shadur : Status hearing set to 9:00 11/8/02 . Mailed notice (srn) (Entered: 09/27/2002)
2 ATTORNEY APPEARANCE for defendant by Michael Lawrence Mulhern, Derek Grady Barella (hmb) (Entered: 11/13/2002)
3 AGREED MOTION by defendant for extension of time to answer or otherwise plead to complaint ; Notice. (hmb) (Entered: 11/18/2002)
4 MINUTE ORDER of 11/15/02 by Hon. Milton I. Shadur : Agreed motion by defendant for extension of time to answer or otherwise plead to complaint is granted [3-1]. Defendant has to and including 12/3/02 in which to answer or otherwise plead. A status hearing is set for 12/18/02 at 9:00 a.m. Mailed notice (hmb) (Entered: 11/18/2002)
5 ANSWER by defendant to complaint [1-1] (hmb) (Entered: 12/05/2002)
SCHEDULE set on 12/18/02 by Hon. Milton I. Shadur : Status hearing reset to 9:00 1/22/03 . Telephoned notice (srn) (Entered: 12/18/2002)
SCHEDULE set on 1/22/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 8:45 2/6/03 . No notice (srn) (Entered: 01/22/2003)
SCHEDULE set on 2/6/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 8:45 3/6/03 . No notice (srn) (Entered: 02/06/2003)

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CM/ECF LIVE, Ver 3.0 - U.S. District Court, Northern Illinois - Docket... https://ecf.ilnd.uscourts.gov/cgi-bin/DktRpt.pl?422100366248045-L_35...

03/06/2003 03/20/2003 04/17/2003 05/15/2003
06/04/2003 06/18/2003
07/10/2003

SCHEDULE set on 3/6/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 3/20/03 . No notice (srn) (Entered: 03/06/2003)
SCHEDULE set on 3/20/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 4/17/03 . No notice (srn) (Entered: 03/20/2003)
SCHEDULE set on 4/17/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 5/15/03 . No notice (srn) (Entered: 04/17/2003)
SCHEDULE set on 5/15/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 6/4/03 . In court notice (srn) (Entered: 05/15/2003)
SCHEDULE set on 6/4/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 6/18/03 . In court notice (srn) (Entered: 06/04/2003)
SCHEDULE set on 6/18/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 7/3/03 . In Court notice (srn) (Entered: 06/18/2003)
6 MINUTE ORDER of 7/10/03 by Hon. Milton I. Shadur : (Entered Consent Decree) terminating case . Notices mailed by Judge's staff (hmb) (Entered: 07/11/2003)

PACER Service Center

Transaction Receipt

06/05/2007 11:56:02

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 1:02-cv-06490

Billable Pages: 2

Cost:

0.16

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 EEOC LITIGATION SETTLEMENT REPORT - JULY 2003

http://www.eeoc.gov/litigation/settlements/settlement07-03.html

EEOC v. Family Video No. 02 C 6490 (N.D. Ill. July 10, 2003)
The Chicago District Office alleged in this ADEA lawsuit that defendant, a chain of videotape rental stores, refused to hire charging party, a 45-year-old, for a cashier position at its Downers Grove, Illinois store because of her age. Instead, Respondent hired a 30-year-old with significantly less prior work experience. The lawsuit also alleged that defendant failed to hire other age 40 and over applicants at the store because of their age. The case was resolved through a consent decree which provides for a total payment of $117,000 to the claimants ($17,000 to the charging party and $100,000 to be distributed to other aggrieved individuals). Defendant is enjoined from discriminating on the basis of age in violation of the ADEA and shall not engage in any form of retaliation against any person who opposes unlawful employment practices. In addition, defendant will notify in writing those claimants who remain interested in employment of any vacancies that arise at the Downers Grove store, and will report to EEOC the basis for any decision not to hire a claimant who responds to a vacancy notice.

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