IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

JOLET II, d/b/a THOMPSON CARE

)

CENTER,

)

)

Defendant.

)

CASE NO.: 06-0814-CV-W-SWH COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

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

Rights Act of 1991 to correct unlawful em ployment practices involving sexual harassm ent, sex

discrimination, and retaliation, and to provide appropriate relief to Demetrea Ford, Essence Harrell

and other women who were adversely affected by such practices. The Com mission alleges that

Defendant Jolet II, d/b/a Thom pson Care Center, engaged in sexual harassment of fem ale

employees, constructively discharged female employees, and retaliated against female employees

who opposed such practices.

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 institutedpursuant to Section 706(f)(1) and (3) of Title VII

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

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

2. The employment practices alleged to be unlawf ul were com mitted within the jurisdiction of the United States District Court for the Western District of Missouri, W estern Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of Am erica charged with the adm inistration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendants have continuously been a doing business in the State of Missouri and the City of Kansas City, continuously employing at least 15 employees. 5. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Dem etrea Ford and Essence Harrell filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. From approximately April 2004 through present, Defendant Employer has engaged in the following unlawful employment practices at their Kansas City, Missouri facilities in violation of Section 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and 3(a):
(a) Defendants sexually harassed Dem etrea Ford, Es sence Harrell and other female employees, including requesting sexual favors and offering employment benefits in exchange for sexual favors; and

(b) Defendants retaliated against Deme trea Ford, Essence Harrell, and other female employees, when they opposed the sexual harassment or refused to participate in sexual activity; and
(c) Defendants constructively discharged Demetrea Ford, Essence Harrell, and other female employees by creating a sexually hostile working environment.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Demetrea Ford, Essence Harrell, and other female employees of equal employment opportunities and otherwise adversely a ffect her status as an employee because of her opposition to unlawful employment practices and because of her pregnancy.
9. The unlawful em ployment practices com plained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protectedrights of Demetrea Ford, Essence Harrell, and other female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a perm anent injunction enjoini ng Defendant Em ployer, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sexual harassment, retaliation, or any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs that provide equal em ployment opportunities for all em ployees, and that eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Employers to make whole Demetrea Ford, Essence Harrell, and other female employees, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other afirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant Employer to make whole Demetrea Ford, Essence Harrell, and other female employees, by providing compensation for past and future pecuniary losses resulting from the unlawful em ployment practices described in paragraph 7 above, including j ob search and medical expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Demetrea Ford, Essence Harrell, and other female employees by providing compensation for past and future nonpecuniary losses resulting rfom the unlawful practices complained of in paragraph 7 above, including em otional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Demetrea Ford, Essence Harrell, and other female employees punitive damages for their m alicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further r elief as the Court deem s necessary and proper in the public interest.
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by this complaint.
Respectfully submitted, RONALD S. COOPER General Counsel

JAMES L. LEE Deputy General Counsel

GWENDOLYN YOUNG REAMS Associate General Counsel

/s/ Robert G. Johnson ROBERT G. JOHNSON Regional Attorney

/s/ Barbara A. Seely BARBARA A. SEELY Supervisory Trial Attorney U.S. EQUAL E MPLOYMENT OPPORTUNITY COMMISSION St. Louis District Office 1222 Spruce St., Room 8.100 St. Louis, MO 63103 (314) 539-7914 FAX: (314) 539-7895 e-mail: robert.johnson@eeoc.gov
barbara.seely@eeoc.gov

/s/ Andrea G. Baran

ANDREA G. BARAN

MO #46520

Senior Trial Attorney

U.S. EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

Kansas City Area Office

400 State Avenue, Suite 905

Kansas City, KS 66101

(913) 551-5848

FAX: (913) 551-6957

e-mail: andrea.baran@eeoc.gov

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
JOLET II, INC., d/b/a THOMPSON CARE CENTER,
Defendant.

)

)

)

)

)

)

Case No. 06-0814-CV-W-SWH

)

)

)

)

)

ORDER On January 11, 2007, plaintiff filed a Request for Entry of Default Against Defendant Jolet II d/b/a Thompson Care Center (doc #4). On January 29, 2007, the undersigned filed a Notice to the Clerk of Court (doc #5), notifying the Clerk that pursuant to Rule 55(a), Federal Rules of Civil Procedure, the Clerk could enter the default of defendant Jolet II, d/b/a Thompson Care Center. An Entry of Default By Clerk (doc #7) was entered on January 29, 2007. Plaintiff filed a Motion for Judgment By Default (doc #6) on January 29, 2007. On that saem day, defendant filed a Motion and Suggestions inOpposition to Default Judgment and for Leave to File Answer to Complaint Out of Time (doc #8). Plaintiff has not responded to defendant’s Motion for Leave to File Answer to Complaint Out of Time and the time for any response has now passed. In defendant’s suggestions in opposition to default judgment, defense counsel states that it was an oversight on his part that a timely answer was not filed. Defense counsel further states that defendant has legitimate defenses to plaintiff’s claims. Finally, defense counsel seeks leave of court to file the answer out of time. As set forth by the Eighth Circuit Court of Appeals in Johnson v. Dayton Electric Manufacturing Company, 140 F.3d 781, 784 (8 th Cir. 1998), when deciding whether a default judgment is warranted, a court should review “w hether the conduct of the defaulting party was blameworthy or culpable, whether the defaulting party has a meritorious defense, and whether the

other party would be prejudiced if the default werexcused.” In applying these standards, the Court first finds that while defense counsel could have been more diligent in his defense of this case, the Court does not believe that counsel has willfully violated court rules or intentionally delayed this case. Second, defense counsel argues that defendanthas a meritorious defense. Finally,“prejudice may not be found from delay alone or from the fact that the defaulting party will be permitted to defend on the merits.” Id. at 785. Instead, there must be a loss of evidence, increased difficulties in discovery or greater opportunities for fraud and collusion before prejudice is found. Id. No evidence of prejudice has been presented to the C ourt. The Court fi nds that this case should be adjudicated on the merits.
Based on the foregoing, it is ORDERED that Plaintiff’s Motion for Judgment By Default (doc #6) is denied. It is further ORDERED that defendant’s Motion for Leave to File Answer to Complaint Out of Time (doc #8) is granted. It is further ORDERED that defense counsel shall electronically file the answer within ten days of the date of this Order.
/s/ Sarah W. Hays SARAH W. HAYS UNITED STATES MAGISTRATE JUDGE
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DISTRICT

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

JOLET II, INC.,

)

d/b/a THOMPSON CARE CENTER,

)

)

Defendant.

)

CASE NO.: 06-CV-00814-SWH

CONSENT DECREE

Introduction

Plaintiff Equal Employment Opportunity Commission (hereinafter the "Commission")

has instituted this action alleging that lalet II, Inc. d/b/a Thompson Care Center violated Title

VII of the Civil Rights Act of 1964, as amended, 42 V.S.c. Section 2000e et~. (hereinafter

"Title VIP'), by sexually harassing Essence Harrell, Anita Herron, Marchelle R. Judie, Marteisha

D. Whitley, and Vickie Murrell and retaliating against them after they complained about the
sexual harassment. 101ct n, Inc. d/b/a Thompson Care Center denies these allegations .

For purposes of settlement and compromise only. the parties have advised the Court that

they wish to resolve the instant controversy without the expense, delay, and burden of further

litigation and resolve their mutual disputes arising from the allegations set forth in their

pleadings.

THEREFORE, it is the finding of this Court, made on the pleadings and on the record as

a whole and upon agreement of the parties, that: (i) this Court has jurisdiction over the parties to

and the subject matter of this action; (ii) the requirements of Title VII will be carried out by the

implementation of this Decree; (iii) this Decree is intended to and does resolve nil matters in controversy in this lawsuit among the parties; and (iv) the tenns of this Decree constitute a fair and equitable settlement of all issues in this lawsuit.
IT IS THEREFORE ORDERED, ADruDGED, AND DECREED as follows: 1. General Provisions
1. This Decree, being entered with the consent of the parties for purposes of seltlement, Sh811110t constitute nn adjudication on the merits of this lawsuit and shall not be construed as an admission by Defendant of any violation of ritle Vll.
2. Defendant shall not discriminate or retaliate against any person because he or she bas opposed any practices alleged in this action as unlawful under Title VII, has participated in
an investigation conducted under Title vn with respect to this complaint, or because he or she
has participated in this lawsuit or has benefitted in any way as a result ofthis Consent Decree.
3. Jolet n, Inc. 's agreement to enter into this Consent Decree is contingent upon the
agreement of claimants Essence Harrell, Anita Herron, Marchelle R Judie, Marteisha D. Whitley, and Vickie MurrelI to execute a Release and Settlement in the fonn of Exhibit 0 attached hereto and their agreement to accept the monies to be paid by Jolet II, Inc.
n. Relief for Charging Party and Aggrieved lndividuals
3. Defendant shall pay a total of S10,000 to Essence Harrell, Anita Herron, Marchelle R. Judie, Marteisha D. Whitley, and Vickie Murrell, as compensatory and punitive damages. On the date that Defendant signs the Consent Decree, it will deliver to its attorney, Kevin Baldwin, five money orders for $1,000 each. Kevin Baldwin will send the money orders by U.S. mail, first class postage prepaid, to each oftht: five women named above and a copy of
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eaeh money order to the EEOC's St. Louis District Office, attn. : Jan Shelly. Defendant shall
make a second payment of $5,000 within six months of the signing of the Consent Decree, which will be paid and distributed to Essence Harrell, Anita Herron, Marchelle R. Judie, Martcisha D. Whitley, and Vickie Murrell, in the same manner as the first payment. Defendant will mail
applicab le tax fonns to each woman.
Essence Harrell, Anita Herron, Marchelle R. Judie, Marteisba D. Whitley, and Vickie MUiTeli shall each be afforded the opportunity to consult with a private attorney of their
choosing prior to their execution of the Re lease and Settlement Agreement proposed by Jolet n,
Inc . If one or more oftbe above named women seek the advice of a private attorney prior to
executing the Release and Settlement Agreement with 10let II, Inc., lolct II, Inc. agrees to then
pay on behalf of each such woman up to $150.00 directly to her individual private attorney to offset her private legal expense in reviewing the Release and Settlement Agreement.
m. Training
4. Within 90 days after the Consent Decree is approved by the Court, Defendant shall provide mandatory EEO training for all of its owners, managers, supervisors and employees within any facility owned and operated by lolet II, Inc. d/b/a Tllompson Care Center, in the Kansas City, Missouri metropolitan area. The content of this training slmll include sexual harassment and sex discrimination under Title VII of the Civil Rigbts Act. This training shall be presented by an outside, third-party consultant who is approved by the Regional Attorney of the EEOC's St. Louis District Office. The training shall also include information regarding Title Vil's prohibition against the sexual harassment of employees, and shall be at least 3 boms in duration. Defendant shall submit to the Regional Attorney of the St. Louis Distri ct Office the
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names and qualifications of the designated trainers, along with a draft of the training curriculum

and materials to be distributed at the training, sufficiently in advance of the training to allow for

Commission comment and discussion.

5. Within 60 days of providing any EEO training pursuant to this section, Defendant

shall send to the Regional Attorney of the 8t. Louis District Office a report describing the

training, along with copies of any materials distributed or displayed, and listing the names,

addresses, and phone numbers of all Defendant's employees who were trainees, and the names

and business addresses and phone numbers of all trai ners.

lV. Posting oDd Policies

6.

Defendant shall post and cause to remain posted copies OftllC notice attached

hereto as Exhibit A in locations publicly visible to all employees and applicants in all facilities

owned and operated by Defcndant within the Kansas City, Missouri metropolitan area for a

period of2 years starting from the date ofcntry of this Decree.

7. Within 30 days of the entry of this Decree, Defendant shall cause the policy

attached hereto as Exhibit B to be signed by its owners and distributed to each Dnd every

management official employed at any facility owned and operated by Defendant in the Kansas

City, Missouri metropolitan area. Defendant shall also cause all of tlle owners and management

officials to sign the statement attached hereto as Exhibit C to indicate that they have received and

read the policy.

v. Reporting, Record-keeping, and Access

8. Within 45 days of the entry oftbis Decree, Defendant shall prepare and submit to

the EEOCts Regional Attorney in its St. Louis District Office a letter indicating as follows:

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a. that the notice (E~ibit A) has been posted as required by Paragraph 6 above;
b. that the Equal Employment Opportunity policy (Exhibit B) has been distributed as required by Paragraph 7 above; and
c. that the training required by paragraph 4 above has been completed. The signed copies of Exhibits Band C shall be enclosed with the letter.
9. Withil14 months ofthc date of elltry of this Decree and every 6 months thereafter for thc duration oftbis Decree, Defendant shall prepare and submit to the Regional Attorney of the St. Louis District Office a report listing the fo llowing information with respect to each female worker hired during the re]evant reporting period:
a. name, last known residential phone number and last known residential address,
b. the dates of her separation from the company, ifapplicabJe, and the reasons for the separation, and
c. any sexual barassment complaints received by management. 10. For the first report described in Paragraph 9 above, the reporting period shall begin with the date of entry or this Decree and end with the date of the report. For succeeding reports, the reporting period shall begin witll the date of the last report and end with the date of tbe current report. 11. During the term of this Decree, Defendant SI1311 allow representati ves of the Commission to review Defendant's compliance with this Decree by inspecting and photocopying relevant documents and records, interviewing employees and management officia ls on their
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premises, and inspecting their premises. Such review of compliance shall be initiated by written notice to the Ddendant's attorney of record at least three (3) business days ill advance of any inspection of a Defendant's documents or premises.
VI. Term and Effect of Decree 12. By entering into this Decree, the parties do not intend to resolve any charges of discrimination currently pending before the Commission other than the sexual harassment charge that created the procedural foundation for the complaint in this casc. 13. This Decree shall be binding upon the parties hereto, their successors and assigns. Defendant shall affinnatively notify any purchasers of the obligations of this Consent Decree prior to any sale which may take place. 14. This Decree shall be for a period of three (3) ycars and can only be extended for good cause shown. During the Decree's term the Court shall retainjurisdictioll oftrus cause for purposes of compliance. 15. Each party shall bear its own costs.

DATE: BY CONSENT:

u.'s.~tJ~ ~<l(p:o
FORPLAmTffFEQUALEMPLOYMENT OPPORTUNITY COMMISSION:
RONALD S. COOPER General Counsel

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JAMESL. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
JEAN P.KAMP Acting Regional Attomey
BARBARA A. SEELY Supervisory Trial Attorney

JAN SHELLY

Mo. Bar # 42085

Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION S1. Louis District Office 1222 Spruce Street, Suite 8.100 St. Louis, Missouri 63103 (314) 539-7918 FAX: (314) 539-7895

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EXHIBIT A
NOTICE TO EMPLOYEES
This Notice is being posted pursuant to a Consent Decree entered into in EEOC v. 10let IT Inc. d/b/a Thompson Care Center, Case Number 06-CV-OOS14-SWH, (filed in the Western District of Missouri) in which a judgment for damages was entered against 101et n,lne. dIb/a Thompson Care Center in favor of the agg rieved parties.
Federal law prohibits discrimination against any employee or applicant for employment because oft11e individual's race, national origin. color, religion, sex, or age (forty and over) with respect to hiring, promotion, nring. compensation, or other tenns, conditions or privileges of employment. It also prohibits retaliation against employees because they have opposed practices they believe discriminate on the basis of race, national origin, color, religion, sex, or age (forty and over) or because they have fi led cbarges with the EEOC or participated in or cooperated with an EEOC investigation .
In particular, federal law prohibits harassment of employees on the basis of thcir sex. loiet 11,
Inc. d/b/a Thompson Care Centcr supports and will comply with such federal Jaw in all respects and will not take any action again st employees because tbey have exercised their rights under the
law. Jolet n, Inc. d/b/a Thompson Center will not tolerate harassment of employees based upon
sex. Specifically, 101et Il, Inc. d/b/a Thompson Care Center will not tolerate language that is
demeaning to persons of a particular sex, inappropriate touching, sexual jokes and comments, and unwelcome advances toward persons of a particular sex.
Employees should fee l free to report instances of prohibited harassment to any management official at any time. In the event the management official is engaged in the harassmellt, Jolet II, Inc. dIbIa Thompson Carc Center provides additional avenues for the employees to use to rcport instances of sexual harassment. Jolet II, Inc. d/b/a Thompson Care Center has established policies and procedures to promptly investigate any sueh reports and to protect the person making the reports from retaliation by the person allegedly guilty of harassment. Employees arc also free to make complaints about sexual harassment or about other employment discrimination to the Office oflbe Regional Attorney, United States Equal Employment Opportunity Commission, 1222 Spruce St., Room 8.100, St. Louis, Missouri 63103, (Attention: Jan Shelly, Senior Trial Attorney) or by telepbone at (314) 539-7918.

EXHIBITB POLICY ON HARASSMENT
Pursuant to Title VII of the Civil Rights Act of 1964, as amended, it is unlawful for an employer to subject any employee to acts ofbllrassment based upon the employee's sex, race, color, religion or national origin, or to pennit or encourage a work environment in which such conduct occurs.
Sexual harassment is defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature where any onc of the three criteria below arc met:
1) Submission to such conduct is made either explicitly or implicitly a tenn or condition of an individual's employment;
2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3) Such conduct bas the purpose or effect of unreasonably interfering with an individual's work perfonnance or creating an intimidating, hostile, or offensive work environment.
Harassment based upon sex, race, color, religion or national origin includes any verbal or other conduct that dcmeans, insults or intimidates an employee or a group of employees because of their sex, race, color, religion or national origin. Prohibited conduct includes, but is not limited to, jokes, labcls, names, or stories offensive to a particular group of perSOilS.
It is the policy of Jolet II, Inc. d/b/a Thompson Care Center to prohibit the types of harassment dcscribed above. All persons, including owners and managers, who engage in such conduct, sbaJl be disciplined, up to and including, discharge.
Employees also should be aware of the following:
1) That the harassment described above is un lawful and such conduct will not be tolcf'dted or condoned by this company;
2) That persons subjected to such harassment may complain to anyone in management and that within ten (10) calendar days management shall conduct a full investigation, report back to the compla in ing individual, and take appropriate action against an offending party;
3) Every employee has a right to file a charge alleging sexual harassment with the Equal Employment Opportunity Commission, 1222 Spruce St., St. Louis, Missouri 63103; and
4) AIly employee who files a sexual harassment compla int shall not be fired or otherwise hatmed.

EXHffiITC The undersigned managers employed by JoJet II, Inc. d/b/a Thompson Care Center certify that they have received a copy of their employer's policies relating to sex discrimination, and that they have read this policy by the date indicated.

NAME

TITLE

DATE

EXHIBITD
RELEASE AND SETILEMENT AGREEMENT
THIS AGREEMENT made by nnd between the undersigned parties (hereinafter collectively referred to as "Employee") and Iolet II, Inc. d/b/a Thompson Care Center, a Missouri Non-Profit Corporation, (hereinafter referred to as "Jalet").
WHEREAS, Plaintiff, Equal Employment Opportunity Commission (hereinafter the
"Conunission"), has instituted this action alleging that Iolet n, d/b/a Thompson Care Center,
violated Title VI1 of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e ~ gg. (hereinafter "Title Vn n), by sexually harassing the undersigned Employee (hereinafter "Employee") andlor retaliating against her after they complained about tbe sexual harassment. Jolet II, d/b/a Thompson Care Center, denies these allegations.
WHEREAS, for purposes of settlement and compromise only, the parties have advised the Court that tbey wish to resolve the instant controversy without the expense, delay, and burden of further litigation and resolve their mutual disputes arising from the allegations set forth in their pleadings;
NOW THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by eacb party, the parties, intending to be legally bound, hereby agree as follows:
Agreements ofJolet. Jolet agrees to execute and agree to a Consent Decree in favor of the Conunission under the terms as may be required by the Conunission. lolet further agrees to pay a total ofSl0,OOO to the complaining Employees (i.e. Essence Harrell, Anita Herron, Marchelle R.ludie, Marteisha D. Whitley, and Vickie Murrell), as compensatory and punitive damages. Said $10,000 shall be divided equally among tbe Employees. Said payment shall be payable in two installments and divided equally among the five Employees as reqllired by the Consent Decree to be executed herewith such that each Employee will receive a total of$2,000. lolet will prepare and deliver all necessary tax documents to the Employees to reflect these payments. lolet further hereby releases the Employee herein below, her heirs, assigns, agents and attorneys, from any action, causes of action, claims or demands which it may have against Employee as a result of or arising from her employment relationship with Jolet or from the incidents described in the parties' pleadings in this action.
Emnloyee's Agreements: Employee hereby releases and forever discharges lolet, and all its officers, di rectors, members, employees, agents, and representatives, its successors, heirs and assigns, from any and all manner of action or actions, causes of action or actions in law or equity, claims, demands. damages, loss, costs or expenses of any nature whatsoever, known or unknown, fixed or contingent, which she may have against lolet as a result of or arising from their employment relationship with Jolet or arising from the allegations contained within the pleading..<; in this action. Employee's release is intended to release all claims arising out of Employee's employment with Jolet, including, but not limited to, clainls under Missouri's HumaD Rights Act, Federal discrimination statutes, and Title VII oftbe 1964 Rights Act. Employee agrees that this is a general release of all claims or potential claims against Jolet, its

officers, employees, agents or members, arising [rom the transactions and occurrences alleged in the parties' pleadings.
Knowing and Voluntary Agreement. Employee states that she has read and fully considered the agreement and tbat it is her intention to voluntarily execute the agreement. Employee acknowledges that the agreement is the product of negotiation and compromise between Employec, the Commission, and Iolet. Employee has bad a sufficient opportunity to consider this agreement and has been advised to consult with her own private attorney prior to execution oftbis agreement. 101et agrees up to $150.00 of Employee's private counsel legal fees, if any. with said sum to be paid on her behalf directly to her private attorney. Upon consultation with her private attorney, Employee shall have her private attorney contact counsel for 10let and submit an invoice for fees at which time 10let will make payment of the $150.00. 10let's counsel for this purpose is as follows: Kevin Baldwin, (816) 842~ 11 02, Fax (816) 842· 1104, at 11 E. Kansas, Liberty, Missouri 64068. EMPLOYEE:
Print Name'
EMPLOYER: JOLET IT, INC.
_ By:,~~~~ _______________ Authorized Agent

 
 CM/ECF Western District of Missouri

https://ecf.mowd.uscourts.gov/cgi-bin/DktRpt.pl?116163187124419-L_...

CLOSED, EAPN
U.S. District Court United States District Court for the Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:06-cv-00814-SWH

Equal Employment Opportunity Commission v. Jolet II, Inc. Assigned to: Magistrate Judge Sarah W. Hays Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2006 Date Terminated: 10/24/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Andrea G. Baran US Equal Employment Opportunity Comm 400 State Ave. Suite 905 Kansas City, KS 66101 (913)551-5848 Fax: (913)551-6957 Email: andrea.baran@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Barbara A. Seely Equal Employment Opportunity Commission Robert Young Federal Building 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7916 Fax: (314)539-7895 Email: barbara.seely@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jan Shelly Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, Mo 63103 (314)539-7918 Fax: (314)539-7895 Email: jan.shelly@eeoc.gov

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V.
Defendant
Jolet II, Inc. doing business as Thompson Care Center

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Johnson Equal Employment Opportunity Commission 1222 Spruce Street Room 8.100 St. Louis, MO 63103 (314)539-7910 Fax: (314)539-7895 Email: robert.johnson@eeoc.gov LEAD ATTORNEY
represented by C. Kevin Baldwin Baldwin & Vernon 11 E. Kansas St. Liberty, MO 64068 (816) 842-1102 Fax: (816) 842-1104 Email: ckevinbaldwin@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jan Shelly (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy J. Flook Flook & Graham, PC 11 East Kansas Liberty, MO 64068 (816) 792-0500 Fax: (816) 781-6843 Email: tim@flookandgraham.com TERMINATED: 10/22/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006

# Docket Text
1 COMPLAINT against Equal Employment Opportunity Commission (Filing fee $350 receipt number 0) Service due by 1/29/2007, filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission.(Baran, Andrea). Modified

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10/02/2006 10/02/2006 11/02/2006 12/07/2006 01/11/2007 01/29/2007
01/29/2007 01/29/2007 01/29/2007
01/30/2007 02/21/2007
02/27/2007 03/29/2007

on 9/29/2006 to attach civil cover sheet (Baldwin, Joella). (Entered: 09/29/2006)
2 Notice of EAPN (Attachments: # 1 General Order)(Kee, Georgia) (Entered: 10/02/2006)
NOTICE OF MAGISTRATE ASSIGNMENT This is a docket entry only. No document is attached. Emailed to counsel of record for plaintiff. Magistrate Return due by 10/23/2006 (Kee, Georgia) (Entered: 10/02/2006)
SUMMONS ISSUED as to Jolet II, Inc. (Baldwin, Joella) (Entered: 11/02/2006)
3 RETURN OF SERVICE of complaint executed by Equal Employment Opportunity Commission. Jolet II, Inc. served on 11/27/2006, answer due 12/18/2006. (Baran, Andrea) (Entered: 12/07/2006)
4 NOTICE of filing by Equal Employment Opportunity Commission Request for Clerk's Entry of Default under Rule 55(a) (Attachments: # 1 Exhibit A Declaration of Andrea G. Baran# 2 Exhibit Exhibit B - Return of Service)(Baran, Andrea) (Entered: 01/11/2007)
5 NOTICE TO THE CLERK OF COURT - ORDERED that the Clerk of Court is directed to file an entry of default against defendant Jolet II, Inc. d/b/a Thompson Care Center. Signed by Judge Sarah W. Hays on 1/29/2007. (Gicinto, JoRita) (Entered: 01/29/2007)
6 MOTION for default judgment as to Defendant Jolet II d/b/a Thompson Care Center filed by Andrea G. Baran on behalf of Equal Employment Opportunity Commission. Suggestions in opposition/response due by 2/16/2007 unless otherwise directed by the court. (Baran, Andrea) (Entered: 01/29/2007)
7 Clerk's ENTRY OF DEFAULT as to Jolet II, Inc. re 5 Order, 4 Notice of filing (Terry, Bill) (Entered: 01/29/2007)
8 MOTION for extension of time to file answer re 4 Notice of filing Out of Time filed by Timothy J. Flook on behalf of Jolet II, Inc.. Suggestions in opposition/response due by 2/16/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit A)(Related document(s) 4 ) (Flook, Timothy) (Entered: 01/29/2007)
NOTICE OF MAGISTRATE ASSIGNMENT emailed to Tim Flook, defense counsel. This is a docket entry only. No document is attached. Magistrate Return due by 2/23/2007 (Rowland, Bonnie) (Entered: 01/30/2007)
9 ORDER - ORDERED that Plaintiffs Motion for Judgment By Default (doc #6) is denied. It is further ORDERED that defendants Motion for Leave to File Answer to Complaint Out of Time (doc #8) is granted. It is furtherORDERED that defense counsel shall electronically file the answer within ten days of the date of this Order. Signed by Judge Sarah W. Hays on 2/21/2007. (Gicinto, JoRita) (Entered: 02/21/2007)
10 Jolet II, Inc.'s ANSWER to Complaint filed by Timothy J. Flook on behalf of Defendant Jolet II, Inc..(Flook, Timothy) (Entered: 02/27/2007)
SECOND NOTICE OF MAGISTRATE ASSIGNMENT emailed to Tim Flook, defense counsel. This is a docket entry only. No document is attached.Magistrate

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10/23/2007

Return due by 4/23/2007 (Rowland, Bonnie) (Entered: 03/29/2007)
11 NOTICE of appearance by Jan Shelly on behalf of Equal Employment Opportunity Commission (Shelly, Jan) (Entered: 04/02/2007)
12 NOTICES of Magistrate Assignment Returned by Equal Employment Opportunity Commission, Jolet II, Inc. Jurisdiction by magistrate accepted. ALL PARTIES HAVE CONSENTED. (Attachments: # 1 Consent)(Rowland, Bonnie) (Entered: 05/08/2007)
13 DOCUMENT DELETED. MOTION for leave to appear Entry of Appearance filed by C. Kevin Baldwin on behalf of Jolet II, Inc.. Suggestions in opposition/response due by 10/29/2007 unless otherwise directed by the court. (Baldwin, C.) Modified on 10/15/2007 - document deleted as the incorrect event was used.(Carr, Lori). (Entered: 10/12/2007)
14 MOTION to withdraw as attorney filed by Timothy J. Flook on behalf of Jolet II, Inc.. Suggestions in opposition/response due by 10/29/2007 unless otherwise directed by the court. (Flook, Timothy) (Entered: 10/12/2007)
15 NOTICE of appearance by C. Kevin Baldwin on behalf of Jolet II, Inc. (Carr, Lori) (Entered: 10/15/2007)
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 10/12/07 as Document No. 13, MOTION for leave Entry of Appearance. The document has been deleted as the incorrect event was used when filing the document. The document will be refiled using the correct event. This is a text entry only - no document is attached. (Carr, Lori) (Entered: 10/15/2007)
16 ORAL ORDER granting 14 motion to withdraw as attorney. Attorney Timothy J. Flook terminated. THIS IS A TEXT ENTRY ONLY-NO DOCUMENT ATTACHED. Signed by Judge Sarah W. Hays on 10/22/2007. (Gicinto, JoRita) (Entered: 10/22/2007)
17 Joint MOTION for consent judgment filed by Jan Shelly on behalf of Equal Employment Opportunity Commission, Jolet II, Inc.. Suggestions in opposition/response due by 11/8/2007 unless otherwise directed by the court. (Attachments: # 1)(Shelly, Jan) (Entered: 10/22/2007)
18 ***Remark: NOTICE from the court. The portion of CM/ECF responsible for noticing failed from 6:15PM Friday, Oct 19 through 10:30AM Monday Oct 22. Our records indicate that there was at least one entry in this case during that time frame. All attorneys of record in this case will receive an actual email from the court with the document attached. All secondary email recipients who wish to view filings will be required to access the case through PACER and incur the indicated fees for doing so. We apologize for any inconvenience (Rowland, Bonnie) (Entered: 10/23/2007)
19 CONSENT DECREE in regard to 17 Joint MOTION for consent judgment filed by Jolet II, Inc., Equal Employment Opportunity Commission. Signed by Judge Sarah W. Hays on 10/23/2007. (Gicinto, JoRita) (Entered: 10/24/2007)

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