FilED U.S. DIS1 COURT

IN THE UNITED STATES DISTRICT COUR¥IDDLE DIST. OF LA.

PfJ FOR THE MIDDLE DISTRICT OF LOUISIA~ SEP 28 P~ ~3

EQUAL EMPLOYMENT OPPORTUNITY)

. .,

COMMISSION,

~

SIG~y DEPUTY CLERK

Plaintiff,

)

)

v.

)

SDI OF B.R. - HOOPER ROAD, LLC

)

d/b/aJ SONIC DRIVE INN,

)

)

Defendant.

)

-------------------------------)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL

NATURE OF THE ACTION

This is an action under Title vn of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex and race, and to

provide appropriate relief to Tiffany Atkinson, Jaime Theriot, Sarah McDaniel, Celida McDaniel and

Julia Cook, the Charging Parties, and all other persons similarly situated, who were adversely

affected by such practices. The Commission alleges that female employees of Defendant were

sexually harassed by management officials employed by Defendant, SDI of B.R. - Hooper Road,

LLC, d/b/a Sonic Drive Inn, (the "Employer" or" Defendant"). The Commission also alleges that

Sarah McDaniel and Julia Cook were retaliated against by being demoted and discharged,

respecti vely, for complaining of the sexual harassment. Further, as a result of the sexual harassment,

the conditions of their employment were so intolerable that Atkinson, Theriot, S. McDaniel, and C.

McDaniel were forced to resign their positions with the Defendant. The Commission also alleges

that Black and male applicants for the position of Car Hop were denied employment with the

Defendant because of their race and sex.

INITIALS DOCKET#

The Commission also alleges that Defendant failed to follow Federal regulatory record keeping requirements and failed to post the required poster notifying employees and applicants of their rights under Federal laws prohibiting employment discrimination.
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 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. See § 2000e-5(t)(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 unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Louisiana.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(t)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(t)(1) and (3). 4. At all relevant times, Defendant, SDI ofB.R. - Hooper Road, LLC, d/b/a Sonic Drive Inn (the "Employer"), was doing business in the State of Louisiana and the City of Baton Rouge, and continuously had at least 15 employees. 5. At all relevant times, Defendant Employer was 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).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Tiffany Atkinson, Jaime Theriot, Sarah McDaniel, Celida McDaniel and Julia Cook ("Claimants") 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. Since at least June 1998 , Defendant Employer has engaged in unlawful employment practices at its Baton Rouge, Louisiana location, in violation of Section 703(a)(I)and(2) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a)(I)and(2) and 2000e-3(a). Said unlawful employment practices were committed against Tiffany Atkinson, Jaime Theriot, Sarah McDaniel, CelidaMcDaniel, Julia Cook, and other similarly situated individuals. The unlawful practices consisted of Defendant Employer permitting two of its management officials to sexually harass the claimants, and other similarly situated individuals; and by doing so, creating a sexually offensive work environment. The harassment was so sever and pervasive as to unreasonably interfere with the work of the Claimants and caused the constructive discharge of Atkinson, Theriot, S. McDaniel and C. McDaniel. The unlawful employment practices also consisted of retaliatory conduct in the form of demotion of Sarah McDaniel and discharge of Julia Cook. 8. The effect of the practices complained of in paragraph 7 above has been to deprive Tiffany Atkinson, Jaime Theriot, Sarah McDaniel, Celida McDaniel and Julia Cook, and other similarly situated individuals, of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex. 9. Since at least June 1998 , Defendant Employer has engaged in unlawful employment practices at its Baton Rouge, Louisiana location, in violation of Section 703(a)(1 )and(2) ofTitle VII,
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42 U.S.c. § 2000e-2(a)(1)and(2), by denying employment to Black and male applicants for employment as Car Hops.
10. The unlawful employment practices complained of in paragraphs 7 and 10, above were intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 10, above were done with malice or with reckless indifference to the federally protected rights of all affected individuals.
12. Since at least June of 1998, Defendant has failed, in violation of Section 709(c) of Title VII, 42 U.S.c. § 2000e-8(c), to make and preserve records relevant to the determination of whether unlawful employment practices have been or are being committed.
13. Since at least June of 1998, Defendant has failed, in violation of Section 711 of Title VII, 42 U.S.c. § 2000e-1O, to post and keep posted notices prepared or approved by the Commission setting forth information regarding Title VII.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its successors, officers, assigns, and all persons in active concert or participation with it, from engaging in sex and race discrimination or discrimination on the basis of retaliation. B. OrderDefendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for women, Blacks and males and which eradicate the effects of its past unlawful employment practices.
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C. Order Defendant Employer to make whole Tiffany Atkinson, Jaime Theriot, Sarah McDaniel, Celida McDaniel and Julia Cook and other similarly situated individuals by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to front pay to Tiffany Atkinson, Jaime Theriot, Sarah McDaniel, Celida McDaniel and Julia Cook; and, front pay and/or backpay, as appropriate, to the other similarly situated individuals who were also sexually harassed.
D. Order Defendant Employer to make whole all Black and male applicants who were denied employment because of their race and sex by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to front pay to said individuals.
E. Order Defendant Employer to make whole all individuals affected by Defendant's unlawful employment practices by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 10, above, including job search expenses and medical expenses not covered by the Employer's employee benefit plan.
F. Order Defendant Employer to make whole all individuals affected by Defendant's unlawful employment practices, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 and 10 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life, loss of income, and humiliation, in amounts to be determined at trial.
5

G. Order Defendant Employer to pay all individuals affected by Defendant's unlawful

employment practices punitive damages for its malicious and reckless conduct described in

paragraph above, in amounts to be determined at trial.

H. Order Defendant to post and keep posted the notices required by Section 711 of Title

Vll, 42 U.S.C. § 2000e-1O.

I. Order Defendant to make and preserve records required by the Commission pursuant

to Section 709(c) Title Vll, 42 U.S.C. § 2000e-8(c).

J. interest.

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

K. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.

GWENDOLYN REAMS Associate General Counsel No Bar Roll Number Assigned

, ~J~ KElT T. HILL Regional Attorney No Bar Roll Number Assigned

MICHELLE T. BUTLER Supervisory Trial Attorney LA Bar Roll Number 1286

6

?lL~
LILUAN THORNTON Senior Trial Attorney LA Bar Roll No. 25525
EQUALE~LOYMENTOPPORTUNITY
COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Telephone: (504) 589-2011
(504) 589-6817 Facsimile: (504) 589-2805
Please serve: SDI of B.R. - Hooper Road, LLC, d/b/a Sonic Drive Inn through its registered agent Joseph A. Perrault, Jr. 7235 Jefferson Highway Baton Rouge, LA 70806-8116
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 b-------.._____-_._; ___________

=

... RECEI\/ED

u.s. DISTRICT COURT 'i1

MIDDLE DISTRIr,T nF LOUISIANA

HE UNITED STATES DISTRICT COUR~LE

JAN 1 5 2002

o JAN 18 2002

THE MIDDLE DISTRICT OF LOUISIA ~~

CLERK'S OFFICE

CIVIL ACTION #OlCV819 D2

Plaintiff
V.
SDI OF B.R. - HOOPER ROAD, LLC d/b/a SONIC DRIVE INN

COMPLAINT JURY TRIAL

Defendant

COMPLAINT NOW INTO COURT, through undersigned counsel, come Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel and Sarah McDaniel, all residents of the full age of majority of the State of Louisiana who, with respect, represent:
I. Paragraphs "Nature of the Action", 1,2,3,4,5,6,7,8, 10, 11, 12, 13, "Prayer for Relief' and "Jury Trial Demand" of plaintiffs complaint in the original action above are adopted and incorporated herein by reference.
II.
a.a.c., L.L.c. and/or Theodore Kergan and/or Ann Crosby Kergan and/or Charles "Chuck"
Tomajko manage, operate and control the Sonic Drive In Restaurant located on Hooper Road in Baton Rouge, Louisiana, which is organized as SDI ofB.R. Hooper Road, L.L.C.
III. SDI ofB.R. Hooper Road, L.L.C. employs 15 or more employees and is an "employer"
..
within the meaning of state and federal employment laws and other applicable tcittitesLS DOCKET#
bS

IV. At all times pertinent herein, Daniel Naquin was employed by SDI - Hooper as the Assistant Manager of the Hooper Road Sonic Drive In and was acting within the course and scope of that employment. Naquin occupied a position supervisory to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Cedatol. Naquin was 21 years of age or older.
V. At all times pertinent herein, Wesley Bridges was employed by SDI - Hooper as the Manager of the Hooper Road Sonic Drive In and was acting within the course and scope of that employment. Bridges occupied a position supervisory to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Cedatol. Bridges was 25 years of age or older.
VI. At all times pertinent herein, Julia Cook was employed by SDI - Hooper at the Hooper Road Sonic Drive In as an assistant manager.
VII. At all times pertinent herein, Celida McDaniel was employed by SDI - Hooper at the Hooper Road Sonic Drive In as a General Worker.
VIII. At all times pertinent herein, Sarah McDaniel was employed by SDI - Hooper at the Hooper Road Sonic Drive In as a Car Hop/Waitress.
IX. At all times pertinent herein, Tiffany Atkinson was employed by SDI - Hooper at the Hooper Road Sonic Drive In as a Car Hop/Waitress.

X.
At all times pertinent herein, Jaime Theriot was employed by SDI - Hooper at the Hooper
Road Sonic Drive In as a Car Hop/Waitress.
XI.
During the terms oftheir employment by SDI - Hooper, Julia Cook, Celida McDaniel, Sarah
McDaniel, Tiffany Atkinson and Jaime Theriot were subjected to repetitive, persistent and pervasive
incidents of unwarranted, unwelcome and unsolicited hostile and offensive verbal and physical
assaults of a sexual nature which conduct and incidents may be more particularly described but not
limited to the following:
a) Daniel Naquin repeatedly responded to employee requests for assistance as follows: "Suck my dick", "Lick my ass", "Crackhead, you can suck my left nut" and "Suck this". He made these comments openly, often and personally to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson, Jaime Theriot and others; Naquin's propensity to make such routine remarks was well-known to management and others in the Kergan-controlled companIes.
b) Naquin made such a comment to Celida McDaniel when she objected to him acting unprofessionally towards a young kitchen employee. When Celida McDaniel told Naquin the next day that she was not used to such language and did not approve of it, he told her to "hump this", indicating his groin area. He also told Mrs. McDaniel to "hump this", indicating his groin area, when she called his attention to a buckle in the floor which presented a safety hazard;
c) On more than one occasion, Naquin pointed to his groin and asked Tiffany Atkinson "Why don't you suck this? You know you want this";
d) On one occasion, Naquin pushed out his pelvis and told Sarah McDaniel to "work this" when she asked him for some french fries for a customer. On or about August 25, 1998, Naquin repeated the identical conduct towards Sarah McDaniel in the presence of Celida McDaniel and Lindsey Veck when Sarah asked for help cleaning the ice cream station;
e) Wesley Bridges inappropriately touched Sarah McDaniel on the buttocks on more than one occasion. Specifically, this occurred or about August 7, 1998, August 14, 1998 and on four or more occasions thereafter;

f) Wesley Bridges repeatedly grabbed his crotch in the presence of his female subordinates, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot;
g) Tiffany Atkinson was repeatedly "cornered" by Daniel Naquin while getting forks and other items. During these occurrences, Naquin forced himself inappropriately and unnecessarily close to her. He also unnecessarily brushed in to her on a number of occasions;
h) Naquin engaged in conduct similar to that alleged in subparagraph "g" above directed to Jaime Theriot. On one occasion, Naquin sent her to get rags and then cornered her, touching her around her waist and commenting "Hey, Sexy". On another occasion, he came up behind her and put his arms around her waist. He bumped his pelvic area to her buttocks, saying "How would you like to make it the real thing? I would f--- your brains out ;"
i) Wesley Bridges purposefully and on a daily basis separated himself and a single female coworker from groups of employees. On one occasion, he had Julia Cook go outside with him, whereupon he touched her inappropriately. Bridges also falsely informed co-workers that he was engaged in a sexual relationship with Julia Cook and that she called him at home to profess her love for him;
j) Tiffany Atkinson and Jaime Theriot were called outside with Bridges on a daily basis, sometimes for hours at a time. Although these conversations occurred during working hours and while they were on the clock, they seldom concerned work-related topics unless the girls tried to break-off the conversation and return to work. Otherwise, the primary topics of conversation were about Bridges' relationship with his wife, the girls' problems, the girls' boyfriends, whether the girls engaged in sexual relations with their boyfriends, and other conversations of an explicitly sexual nature;
k) On or about August 11, 1998, Bridges separated himself and Tiffany Atkinson from their coworkers. He had her accompany him outside of the restaurant and to the back of the parking lot in a dimly lit area. During this conversation, he questioned her for nearly twenty minutes about whether she was the employee who filed the sexual harassment complaint with the corporate office and what she knew about it. During the entire conversation, he repeatedly grabbed his crotch;
1) On three different occasions, Bridges called Jaime Theriot outside to talk with him and told her that they would sit in his car. He leaned over and put his face to her ear and said "God, what I would love to do with you right now, you are so hot";
m) Daniel Naquin repeatedly told Tiffany Atkinson that he knew what she wanted, indicating his penis. He also talked about liking "big ass", making reference to Tiffany and grabbing at her as she walked by;

n) On one occasion, Tiffany Atkinson told Naquin that she wanted to count the money on the table, not on the desk. Naquin responded, in the presence of a group of co-workers, "Oh, but Tiffany, 1 don't want to do it on the table". His implication was clear that he did not want to have sex on the table.
0) Naquin would frequently pick up a banana and, holding it to his crotch, make offensive comments. One on occasion, he told Tiffany Atkinson not to be offended by the size of his banana. On several occasions, he told Jaime Theriot to suck it. Offensive displays of this nature also took place in the presence of Celida McDaniel;
p) Contrary to their wishes, Naquin repeatedly bragged to his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot about (and discussed in their presence) his sexual encounters, about sleeping with married women and that he liked blow jobs. He specifically conveyed this information to Tiffany Atkinson. On one occasion after having his tires slashed, he told Celida McDaniel about his encounter with a married woman. On another occasion, Naquin told Jaime Theriot that, "I like to get my dick sucked, but I always return the favor. 1 would love to find out what you taste like";
q) Contrary to their wishes, Bridges discussed with and in the presence of his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot his extramarital relationships. He made specific mention to Celida McDaniel of the fact that he had cheated on his wife. He also called Julia Cook from both home and work to discuss his relationship with his wife and to ask about her relations with her husband and how often they "did it";
r) On one occasion, Naquin asked Sarah McDaniel if she "gives good head". This occurred in late August or early September, 1998;
s) Naquin told Celida McDaniel that she is beautiful and that he would "give her a go" if she were not married. On another occasion, he was describing his sexual encounter of the night before and turned to Celida McDaniel, telling her that she was not a bad looking woman for her age and that he would like to "give you a go".
t) Bridges routinely commented on the physical appearance of his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot. More specifically, he told Tiffany Atkinson that she could have any guy she wanted and he didn't know what she was doing with her "loser boyfriend". He also told Tiffany Atkinson that they missed her wearing shorts to work. He also told her that they would assign her to work in the kitchen but no work would get done because all the males would be "staring at your ass";
u) Additionally, Bridges routinely told Jaime Theriot that she was beautiful and far prettier than any of the other girls that worked for Sonic. He regularly asked her questions about her sex life, specifically whether she and her boyfriend had sexual relations and, if so, what they did.

On one occasion when Jaime Theriot was working in the kitchen, Bridges commented that things were a lot slower since she began working back there. He further commented that "Maybe if you didn't have such a fine ass, people could take their eyes off of you";
v) Naquin routinely told Jaime Theriot that she was pretty. He made specific comments about her having "nice ass" and a "perfect body". On one occasion, he told her that she had "nice tits" and that he would like to suck on them. Naquin also made physical contact with Jaime on a regular basis, although there was no need to do so. On countless occasions, he would instruct her to do something and then slap her on the behind when she walked past him. This physical contact was so extensive that co-workers commented that every time Naquin walked by he "has to put his hands on you";
w) On one occasion a female customer pulled into the drive in a truck. The management staff (Bridges and Naquin) began ogling her and commenting on her "good looking cleavage". This inappropriate conduct took place in the presence of Celida McDaniel who, in disgust, told them that they were "sick perverts";
x) On one occasion, Bridges directed Tiffany Atkinson and Jaime Theriot to go outside and wash customers' car windshields in an effort to increase business since both young women were wearing shorts;
y) Naquin routinely invited under-age female Sonic employees to his apartment to get drunk and party. Specifically, he invited Tiffany Atkinson, Jaime Theriot, Lindsey Veck and Heather Spillman to his apartment;
z) Naquin, while at Sonic, repeatedly called Jaime Theriot at home and frequently asked her to go out on dates with him. Some of the requests for them to date were made at the worksite and during work hours;
aa) On one occasion, Wesley Bridges spoke with Tiffany Atkinson about his feelings for a coworker, Dawn Mcintyre (age 18), and wanted Tiffany to speak with Dawn to see if she returned his feelings. After Bridges and Miss Mcintyre spoke and she told him she did not return his feelings, Bridges disclosed his feelings regarding Miss Mcintyre and her rejection of him to Jaime Theriot;
bb) On October 3/4, 1998, the sexual harassment described herein culminated in the rapes of Tiffany Atkinson and Jaime Theriot by Bridges and Naquin. Bridges and Naquin let these two young girls off from work early in order that they could prepare to go out with them. After supplying Tiffany and Jaime with alcohol to the point of intoxication, both Bridges and Naquin had unsolicited and unwelcome sexual intercourse with each of them. After the rapes, in an effort to keep Tiffany and Jaime from disclosing what happened, they were both given increases in pay and other special on-the-job consideration by Bridges and Naquin. As a result of these rapes both Tiffany Atkinson and Jaime Theriot had to seek medical and psychological treatment which continues to this date. In addition, Tiffany Atkinson became pregnant as a result of her rape by Naquin and/or Bridges. She gave birth to a son on June

29, 1999. DNA testing has confirmed Naquin's paternity.
cc) Bridges frequently made telephone calls to Sonic management team member Wesley Wallace to discuss the physical appearance of the girls he hired, how they compared to the attractiveness of the females Wallace hired, etc. He frequently made mention of Tiffany Atkinson during these conversations;
dd) On one occasion, Jaime Theriot was in the kitchen flipping hamburger patties. Naquin commented to her, "You are good with meat, huh? How about you come show me how good you are?";
ee) Celida McDaniel complained to both Wesley Bridges and Daniel Naquin about their inappropriate treatment directed to her daughter, Sarah McDaniel. After receiving these complaints, Bridges and Naquin retaliated by placing Sarah on the work schedule less frequently and taking her off of car hop duties and placing her inside working the ice cream station. Both of these actions had the affect of reducing Sarah's income. Additionally, Bridges and Naquin told their subordinates to watch what they said to Sarah;
ft) Celida McDaniel also complained internally to Bridges and Dale Gryder (First Assistant Manager) regarding Naquin's inappropriate sexual conduct and comments. No relief resulted from the complaints;
gg) Mike Sheldon, Assistant Manager of the Sonic on O'Neal Lane, called Sarah McDaniel to fish for information regarding the nature and source of the problems at Hooper Road. Celida and Sarah McDaniel then confronted Wesley Bridges regarding how Mike Sheldon learned of any problems or complaints. Bridges lied and denied knowledge;
hh) On or about the following Sunday, Sarah McDaniel advised Celida McDaniel that Danny Naquin had punched her on the arm, leaving a bruise. Sarah complained about this incident to Wesley Bridges. Bridges allowed Sarah to leave work early to talk to her mother. The following day, Celida called Bridges to complain the physical abuse of her daughter and other harassing conduct of a sexual nature. Thereafter, Chuck Tomajko requested to meet with the McDaniel's. Celida and Sarah McDaniel, Celida's husband, Richard McDaniel, Chuck Tomajko and Wesley Bridges attended the meeting. At that meeting, wherein the physical abuse and sexual harassment was discussed, Tomajko advised the McDaniel's that he sticks with his management team, but that he had problems with Naquin in the past and would see to it that Naquin got counseling, would apologize and would not hit Sarah again. He also offered to transfer Sarah McDaniel to another Sonic location. Since Sarah was not the problem, this offer was declined;
ii) On or about September 9 and September 11, 1998, complaints were made to the corporate office of Sonic Corporation and/or Sonic Industries, Inc. (to a woman believed to have been named Sherry Bowman) requesting that Sonic Corporation and/or Sonic Industries, Inc. investigate and remedy the pervasive sexual harassment occurring at the Sonic Drive In on Hooper Road. Sonic Corporation and/or Sonic Industries, Inc. failed to conduct an

investigation. Rather, the complaint and supplemental complaint were faxed to the franchisee, Theodore Kergan, in Lafayette, Louisiana, and then by Kergan to Charles Tomajko at O.O.C.lS.D.I. of B.R. Hooper Road for investigation. On information and belief, Tomajko transmitted the complaints to Bridges, as Manager of S.D.I. ofB.R. Hooper Road, L.L.c. Neither Sonic Corporation, Sonic Industries, Inc., Kergan, Tomajko or Bridges took appropriate action to redress these grievances or to prevent further harm.
jj) Sarah McDaniel informed Wesley Bridges about Naquin's conduct in pushing out his pelvis and telling her to "work this". This report was made on or about August 25, 1998. Although Sarah was crying and visibly upset over an issue which she indicated was clearly work related and involving Naquin, Bridges paid no attention to her complaint;
kk) On or about September 17, 1998, Julia Cook was terminated from Sonic by Tomajko. She was called to meet with him before she returned to work from stress leave. When he asked what was going on and she told him of the sex harassment at her job site, he told her to consider herself terminated. Tomajko's termination of Julia Cook for reporting sex harassment was not completely unexpected. Tomajko himself, a direct agent and representative of the Kergans, has approached Cook from behind and rubbed on her. On another occasion, he asked her what her job evaluation rating should be. She told him an eleven on a scale ofone to ten. He responded that an eleven was a "swallower". His conduct and behavior is demonstrative ofthe pervasive attitude tolerating and/or encouraging sexual harassment.
XII.
As set forth hereinabove, the sexual comments, references to sex and the unwarranted and
unwelcome physical contact were pervasive. The atmosphere was so hostile and offensive that
petitioners, Celida McDaniel and Sarah McDaniel, were forced to quit their jobs due to the
harassment. Julia Cook was fired for reporting the harassment. Julia Cook's daughter, Blanche
Mayer, was taken off of Sonic's schedule. Both Tiffany Atkinson and Jaime Theriot tried to
continue working following the rapes in an effort to keep their families, friends and co-workers from
learning what happened. Finding themselves emotionally unable to continue working, they both
discontinued reporting to work.

XIII.

Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show

that Naquin, Bridges and Tomajko's actions throughout their employment unreasonably and

unnecessarily interfered with their work performance and created an intimidating, abusive, hostile

and offensive work environment.

XIV.

Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show

that Naquin, Bridges and Tomajko's harassment was so severe that it frequently reduced them to

tears and has caused them to suffer permanent intellectual, emotional and psychological injury.

XV.

Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show

that Naquin, Bridges and Tomajko's actions as set forth herein were done with malice and with

reckless disregard for their privacy rights and common decency. Further, these plaintiffs show that

Naquin, Bridges and Tomajko's actions were so outrageous in character and extreme in degree as

to be beyond all bounds of human decency and civility.

XVI.

On information and belief, defendant SDI ofB.R. - Hooper Road, L.L.C. had no policy to

effectively train and supervise its owners/managers in appropriate personnel matters, including but

not limited to sexual harassment policies.

XVII.

SDI of B.R.

Hooper Road, L.L.c., through its owners/executive

officerslMembers/employees and/or managers, Theodore W. Kergan, Ann Crosby Kergan, Tomajko,

Naquin and Bridges routinely and systematically employed young attractive females to occupy the

positions of Car Hop/Waitress in a plan and strategy to use sex and sex appeal as a business attractant.
XVIII. SDI ofB.R. - Hooper Road, L.L.c. 's operative design is to hire young, ill trained, ill prepared managers, typically male, to supervise the attractive young girls.
XIX. SDI of B.R. - Hooper Road, L.L.C., through O.O.C., L.L.C., Theodore W. Kergan, Ann Crosby Kergan and/or Charles Tomajko had knowledge of Naquin's propensity to engage in sexual harassment and improper conduct in the workplace and ample opportunity to prevent the conduct complained of herein by appropriate personnel practices, including exercising the option to not hire Naquin at the Hooper Road location.
XX. Prior to Naquin being hired by Bridges as Assistant Manager at Hooper Road, Bridges received specific warning from Julia Cook that Naquin had harassed the female employees at the O'Neal Lane Sonic location (also a Kergan enterprise managed in conjunction with Tomajko) and that she herself had been a victim of his harassment. Wesley Wallace, Sonic management team member, also warned Bridges. These warnings were to no avail. Further, upon directly observing Naquin's actions and receiving complaints with regard thereto, Bridges failed to intervene, failed to correct andlor follow-up with appropriate action.
XXI. SDI of B.R. - Hooper Road, L.L.C., through O.O.C., Theodore W. Kergan and/or Ann Crosby Kergan and or Charles Tomajko knew or should have known about the actions of Naquin and Bridges as set forth above and did nothing to stop it. In fact, Kergan looked to Tomajko to

correct the situation when he knew or should have known Tomajko to be part of the problem.

XXII.

SDr of B.R. - Hooper Road, L.L.C., through O.O.C., L.L.C., Theodore W. Kergan, Ann

Crosby Kergan and/or Charles Tomajko failed to investigate and/or adequately investigate the

backgrounds of Naquin and Bridges prior to hiring them or after Tomajko received complaints

relative to their behavior.

XXIII.

Plaintiffs show SDr of B.R. - Hooper Road, L.L.C. is vicariously liable, and liable as

respondeat superiors ofNaquin and Bridges for their atrocious, opprobrious, tortious, and outrageous

behavior set forth herein exhibited and initiated towards and upon Julia Cook, Celida McDaniel,

Sarah McDaniel, Tiffany Atkinson and Jaime Theriot which behavior was purposely intended to

bring about emotional, psychological and intellectual injury to each of them.

XXIV.

Plaintiffs show that SDr of B.R. - Hooper Road, L.L.C. is further liable by virtue of its

negligent hiring/retention of Naquin and Bridges as supervisory employees. Specifically, plaintiffs

show that defendant knew or should have known:

a)

That Naquin and Bridges were engaging in the outrageous behavior set forth above;

b) That Naquin and Bridges had sexually harassed other employees of SDr of B.R.

Hooper Road, L.L.C. and/or other Sonic Drive In Restaurants within the Kergan

companIes;

c) That Naquin's and Bridges' sexual harassment would likely culminate in the rapes

as set forth herein;

d) That hiring and retaining 21 year old to 25 year males of Bridges' and Naquin's ilk to supervise 16 year old females was a recipe for disaster and constituted gross negligence; and
e) That defendant failed to properly detect, control and respond to the allegations of Naquin's and Bridge's sexual harassment. XXV.
Plaintiffs show that SDr of B.R. - Hooper Road, L.L.C. is further liable by virtue of its facilitating Bridges' and Naquin's ability to abuse and offend these plaintiffs in the following nonexclusive respects:
a) Gross negligence III hiring and retaining Naquin and Bridges as supervIsory employees;
b) Failing to promulgate, disseminate, provide training and enforce a policy prohibiting sexual harassment;
c) Failing to properly train Naquin and Bridges; and d) Failing to appropriately act based upon information known or that should have been
known regarding Naquin's and Bridges' actions and past actions. XXVI.
Julia Cook and Celida McDaniel show that SDr ofB.R. - Hooper Road, L.L.C. is liable to each of them for its conduct set forth herein, which outrageous conduct constitutes fault, assault and battery, and intentional infliction of emotional distress within the meaning of Civil Code Articles 2315 and 2316 and sexual harassment within the meaning of State and Federal law.

XXVII. Sarah McDaniel shows that SDI of B.R. - Hooper Road, L.L.c. is liable to her for its conduct set forth herein which conduct constitutes fault, assault and battery and intentional infliction of emotional distress within the meaning of Civil Code Articles 2315 and 2316 and sexual harassment within the meaning of State and Federal law.
XXVIII. Tiffany Atkinson and Jaime Theriot Cedatol show that SDI of B.R. - Hooper Road, L.L.C. is liable for its conduct set forth herein, including but not limited to making them the victims of rape which conduct constitutes fault, assault and battery, intentional infliction of emotional distress and criminal sexual activity occurring during childhood within the meaning of Civil Code Articles 2315, 2315.7 and 2316 and sexual harassment within the meaning of State and Federal law.
XXIX. Tiffany Atkinson and Jaime Theriot Cedatol show that SDI ofB.R. - Hooper Road, L.L.C. is vicariously liable, and liable as respondeat superiors, for the conduct of Naquin and Bridges set forth herein, including but not limited to making them victims of rape, which conduct constitutes fault, assault and battery, intentional infliction of emotional distress, criminal sexual activity occurring during childhood within the meaning of Civil Code Articles 2315, 2315.7 and 2316 and sexual harassment within the meaning of State law.
XXX. Sarah McDaniel, Celida McDaniel and Julia Cook show that SDI of B.R. - Hooper Road, L.L.C. is vicariously liable, and liable as respondeat superiors, for the conduct of Naquin and Bridges set forth herein, which conduct constitutes fault, assault and battery and intentional infliction of emotional distress within the meaning of Civil Code Articles 2315 and 2316 and sexual

harassment within the meaning of State and Federal law.

XXXI.

Plaintiffs file this action in accordance with the Constitutions, statutes and laws ofthe United

States of America and the State of Louisiana for injuries and damages occasioned by the intentional

and/or negligent acts and/or omissions and/or strict liability of the defendant, which acts and

omissions include, but are not limited to, acts of sexual harassment, sexual battery and rape, sexual

discrimination, employment discrimination, assault, battery, intentional infliction of emotional

distress, invasion of privacy, gross negligence, negligent hiring and violation of plaintiffs'

civil/human rights. Specifically, this action is filed pursuant to 42 U.S.c. 2000e, et seq., LSA-R.S.

23:331, et seq, La. R.S. 51:2231, LSA-Civil Code Articles 2315, 2316 and 2315.7.

XXXII.

As a result of the actions/inactions of the defendant, it is liable to each of your plaintiffs in

the following particulars:

a.

To JULIA COOK for her lost wages; loss of future earnings and earning capacity; past,

present and future medical expenses; past, present and future benefits; loss of enjoyment of

life; mental anguish; disability; mental and physical pain and suffering, anguish and anxiety;

defamation of character; embarrassment and humiliation; and other damages which will be

proven at the trial of these proceedings, in such amounts deemed reasonable, including

compensatory damages, punitive damages, attorney's fees and costs;

b. To CELIDA MCDANIEL for her lost wages; loss of future earnings and earning capacity;

past, present and future medical expenses; past, present and future benefits; loss of

enjoyment oflife; mental anguish; disability; mental and physical pain and suffering, anguish

and anxiety; defamation of character; embarrassment and humiliation; and other damages

which will be proven at the trial of these proceedings, in such amounts deemed reasonable, including compensatory damages, I?unitive damages, attorney's fees and costs; c. To SARAH MCDANIEL for her lost wages; loss of future earnings and earning capacity; past, present and future medical expenses; past, present and future benefits; loss of enjoyment oflife; mental anguish; disability; mental and physical pain and suffering, anguish and anxiety; defamation of character; embarrassment and humiliation; and other damages which will be proven at the trial of these proceedings, in such amounts deemed reasonable, including compensatory damages, punitive damages, attorney's fees and costs; d. To TIFFANY ATKINSON for lost wages; loss of past, present and future earnings and earning capacity; past, present and future medical expenses; cost ofpregnancy; cost of raising the minor child; past, present and future benefits; loss of enjoyment of life; mental anguish; disability; mental and physical pain and suffering, anguish and anxiety; defamation of character; embarrassment and humiliation; deprivation ofa normal childhood uncomplicated by an unwanted pregnancy; and other damages which will be proven at the trial of these proceedings, in such amounts deemed reasonable, including compensatory damages, punitive damages, attorney's fees and costs; and e. To JAIME THERIOT CEDATOL for her lost wages; loss of future earnings and earning capacity; past, present and future medical expenses; past, present and future benefits; loss of enjoyment oflife; mental anguish; disability; mental and physical pain and suffering, anguish and anxiety; defamation of character; embarrassment and humiliation; and other damages which will be proven at the trial of these proceedings, in such amounts deemed reasonable, including compensatory damages, punitive damages, attorney's fees and costs.

WHEREFORE, plaintiffs pray that they be allowed to file this Petition of Intervention. Plaintiffs further pray that a certified copy of this Petition, together with citation to appear herein and answer same, be served upon the defendant, and after all legal delays and due proceedings are had, that judgment be rendered in favor of each plaintiff against SDI of B.R. - Hooper Road, L.L.c. for all such damages, including punitive damages, as are reasonable in the premises, together with legal interest thereon from the date ofjudicial demand, until paid. Plaintiffs further pray that they be awarded reasonable attorney's fees and reimbursement of all costs, including expert witness fees. Plaintiffs further pray for a trial by jury. Plaintiffs further pray for all general and equitable relief in the premises.
BY ATTORNEYS
)
FLOYD:If. FALCON, JR.#S424
DANIEL fL. AVANT#2607 \
SHERR! GREGOIRE#24440 429 Government Street Post Office Box 2667 Baton Rouge, LA 70821 (225) 387-4462

CERTIFICA TE

I HEREBY CERTIFY that a copy of the above and foregoing Motion to Intervene as

Plaintiffs, Notice and proposed Complaint have been mailed, postage pre-paid and properly

addressed, to all counsel of record.

/j

BATON ROUGE, LOUISIANA, this / - ; ; of Jan

/1/

 
 ,I

u.s. DISTRICT COURT

R E eEl V E qN E UNITED STATES DISTRICT COUI1:~::LEO;~~IC::FZ~~~'SIANA

FEB 0 5 2002
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MIDDLE

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OF- -ICE
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OPPORTUNITY

CIVIL ACTION #OlCV819 D2

Plaintiff
V.
SDI OF B.R. - HOOPER ROAD, LLC d/b/a SONIC DRIVE INN

COMPLAINT JURY TRIAL

Defendant

SUPPLEMENTAL AND AMENDING COMPLAINT OF INTERVENORS NOW INTO COURT, through undersigned counsel, come Intervenors, Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel and Sarah McDaniel, all residents of the full age of majority of the State of Louisiana who, with respect, represent:
L Intervenors pray that they be allowed to supplement and amend their original Complaint herein by adding additional parties and claims, the Supplemental and Amending Complaint of Intervenors to read, in its entirety, as follows:

INITIALS DOCKET#

..

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CIVIL ACTION #OlCV819 D2

Plaintiff
V.
SDI OF B.R. - HOOPER ROAD, LLC d/b/a SONIC DRIVE INN

COMPLAINT JURY TRIAL

Defendant

SUPPLEMENTAL AND AMENDING COMPLAINT OF INTERVENORS

The joint petition of:

I.

INTERVENORS

1. JULIA COOK, wife of Charles J. Cook, Sr. and a resident of the full age of majority of the Parish of East Feliciana, State of Louisiana;

2. CHARLES J. COOK, SR., former husband of Julia Cook and a resident of the full age of majority of the Parish of East Feliciana;
3. CELIDA MCDANIEL, wife of Richard McDaniel and mother of Sarah McDaniel and a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;
4. RICHARD MCDANIEL, husband of Celida McDaniel and father of Sarah McDaniel and a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;
5. SARAH MCDANIEL, a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;

.'

,""

6. TIFFANY ATKINSON, a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;
7. MARK ATKINSON, husband of Wendy Atkinson and father of Tiffany Atkinson and a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana, formerly appearing individually and as the administrator of his then-minor daughter;
8. WENDY ATKINSON, wife ofMark Atkinson and mother of Tiffany Atkinson and a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;
9. JAIME THERIOT CEDATOL, sometimes referred to herein as Jaime Theriot, a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;
10. CHARLES THERIOT, husband of Lisa Theriot and father of Jaime Theriot and a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana, formerly appearing individually and as the administrator of his then-minor daughter; and
11. LISA THERIOT, wife of Charles Theriot and mother of Jaime Theriot and a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana,
with respect, represents:
II.
PARTIES DEFENDANT
Made defendants herein are the following parties:

1. SONIC INDUSTRIES, INC., a foreign corporation which transacts business in the State of Louisiana; contracts to supply services or things in the State of Louisiana; regularly does or solicits business in the State of Louisiana; and/or derives revenue from goods used or consumed or services rendered in the State of Louisiana and over which this Court has personal jurisdiction pursuant to La. R.S. 13:3201;

.'
2. O.O.c., L.L.C., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
3. SOl OF B.R. HOOPER ROAD, L.L.C. (hereafter sometimes "Kergan"), a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
4. REAL ESTATE PARTNERS OF HOOPER ROAD, L.L.c., a limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
5. THEODORE W. KERGAN, a resident of the full age of majority of the Parish of Lafayette, State of Louisiana;
6. ANN CROSBY KERGAN, a resident of the full age of majority of the Parish of Lafayette, State of Louisiana;
7. CHARLES "CHUCK" TOMAJKO, a resident of the full age of majority ofthe Parish of East Baton Rouge, State of Louisiana;
8. SOl OF B.R. AIRLINE, L.L.c., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
9. REAL ESTATE PARTNERS OF AIRLINE, L.L.c., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
10. SOl OF B.R. PERKINS ROAD, L.L.c., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
11. REAL ESTATE PARTNERS OF PERKINS ROAD, L.L.C., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
12. SOl OF B.R. O'NEAL LANE, L.L.c., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;

13. REAL ESTATE PARTNERS OF O'NEAL LANE, L.L.C., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
14. DANIEL NAQUIN, a resident of the full age of majority of the Parish of Livingston, State of Louisiana; and
15. WESLEY BRIDGES, a resident of the full age of majority of the Parish of Livingston, State of Louisiana.
16. SOl of B.R. Hooper Road, L.L.C., SDI of B.R. Airline, L.L.C., SDI of B.R. Perkins Road, L.L.C. and SDI of B.R. O'Neal Lane L.L.c., together with their respective real estate counterparts, Real Estate Partners of Hooper Road, L.L.C., Real Estate Partners of Airline L.L.c., Real Estate Partners of Perkins Road, L.L.C. and Real Estate Partners of O'Neal Lane, L.L.c., all made defendant herein, are hereinafter sometimes referred to as "Kergan Baton Rouge Sonics".
17. As used herein, "Kergan Sonics" and "Kergan's Sonics" and "Kergan owned companies and enterprises" refer to the sixty or more limited liability companies throughout the State of Louisiana which Kergan created and operates in a like manner to those entities made defendant herein to operate his Sonic Drive In enterprises, including the Kergan Baton Rouge Sonics.
III.
INCORPORATION BY REFERENCE FROM ORIGINAL PETITION
Paragraphs "Nature of the Action", 1,2,3,4,5,6, 7, 8, 10, 11, 12, 13, "Prayer for Relief' and
"Jury Trial Demand" ofplaintiffs complaint in the original action above are adopted and incorporated
herein by reference.

IV. FACTS A. Role of Parties
1. SONIC INDUSTRIES, INC. is the franchisor of Sonic Drive In Restaurants throughout the United States, including the State of Louisiana and utilizes the registered trademark of SONIC.
2. SONIC INDUSTRIES, INC. is a party to a franchise agreement with Theodore W. Kergan and, together with Kergan, exercises control over the operations of the Kergan Sonic Restaurants, and particularly the Kergan Baton Rouge Sonics and Sonic Drive In on Hooper Road.
3. Theodore W. Kergan is a franchisee of SONIC INDUSTRIES, INC. and owns, operates and controls numerous Sonic Drive In Restaurants throughout the City of Baton Rouge and the State of Louisiana.
4. O.O.c., L.L.C. and/or Kergan and/or Tomajko manage, operate and control the Sonic Drive In Restaurant located on Hooper Road in Baton Rouge, Louisiana. The Hooper Road Sonic Drive In is organized as SDI ofB.R. Hooper Road, L.L.C.
5. Theodore W. Kergan, Ann Crosby Kergan, SDI of B.R. Hooper Road, L.L.C. and Kergan Baton Rouge Sonics all employ 15 or more employees and is an "employer" within the meaning of state and federal employment laws and other applicable statutes.

6. Theodore W. Kergan is the sole owner, organizer and Member of O.O.C., L.L.C. and at all times pertinent herein served as its Executive Vice-President. As the sole Member of O.O.c., L.L.c., Kergan occupied a position of managerial authority with respect to the operation of SDr - Hooper and the other Kergan Sonics, including but not limited to the formulation and implementation of all personnel policy matters of said entities and its subsidiaries such as the hiring and firing of personnel and ensuring compliance with Federal and State employment discrimination laws.
7. Theodore W. Kergan and Ann Crosby Kergan are the organizers and owners of SDr - Hooper, and at all times pertinent herein served as its Executive Vice-Presidents and sole Members. As Members of SDr -Hooper, Theodore W. Kergan and Ann Crosby Kergan occupied positions of managerial authority with respect to the operation of SDr - Hooper and the other Kergan Baton Rouge Sonics and Kergan Sonics, including but not limited to the formulation of all personnel policy matters such as the hiring and firing of personnel and ensuring compliance with Federal and State employment discrimination laws.
8. At all times pertinent herein, Tomajko served as the PresidentlChiefExecutive Officer of both O.O.C., L.L.c. and SDr - Hooper. As such, and by virtue of special provisions contained within the Operations/Management Agreements and employment contracts, Tomajko occupied a position of managerial authority with respect to the operation ofO.O.C., L.L.C. and SDr - Hooper and other Baton Rouge Sonics, including but not limited to all personnel policy matters such as the hiring and firing of personnel and ensuring compliance with Federal and State employment discrimination laws. Tomajko occupied a position supervisory to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany

Atkinson and Jaime Theriot. 9.
At all times pertinent herein, Daniel Naquin was employed by SDI - Hooper as the Assistant Manager of the Hooper Road Sonic Drive In and was acting within the course and scope of that employment. Naquin occupied a position supervisory to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot. Naquin was 21 years of age or older. Naquin routinely took instruction from Kergan, Tomajko and Bridges.
10. At all times pertinent herein, Bridges was employed by SDI - Hooper as the Manager of the Hooper Road Sonic Drive In and was acting within the course and scope of that employment. Bridges occupied a position supervisory to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot. Bridges was 25 years of age or older. Bridges routinely took instruction from Kergan and Tomajko.
11. At all times pertinent herein, Julia Cook was employed by SDI - Hooper, one of the many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as an assistant manager.
12. At all times pertinent herein, Celida McDaniel was employed by SDI - Hooper, one of the many Kergan-controlled enterprises, at the Hooper Road Soni~ Drive In as a General Worker.
13. At all times pertinent herein, Sarah McDaniel was employed by SDI - Hooper, one ofthe many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as a Car Hop/Waitress.

14.
At all times pertinent herein, Tiffany Atkinson was employed by SDI - Hooper, one of the
many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as a Car Hop/Waitress.
15.
At all times pertinent herein, Jaime Theriot was employed by SDI - Hooper, one of the many
Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as a Car Hop/Waitress.
B.
HARASSMENTIDISCRIMINATION
16.
During the terms of their employment by SDI - Hooper and/or Kergan and/or Kergan Baton
Rouge Sonics and/or O.O.c., L.L.c., Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson
and Jaime Theriot were sUbjected to repetitive, persistent and pervasive incidents of unwarranted,
unwelcome and unsolicited hostile and offensive verbal and physical assaults of a sexual nature which
conduct and incidents may be more particularly described but not limited to the following:
a) Daniel Naquin repeatedly responded to employee requests for assistance as follows: "Suck my d---", "Lick my ass", "Crackhead, you can suck my left nut" and "Suck this". He made these comments openly, often and personally to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson, Jaime Theriot and others; Naquin's propensity to make such routine remarks was well-known to management and others in the Kergan-controlled companIes.
b) Naquin made such a comment to Celida McDaniel when she objected to him acting unprofessionally towards a young kitchen employee. When Celida McDaniel told Naquin the next day that she was not used to such language and did not approve of it, he told her to "hump this", indicating his groin area. He also told Mrs. McDaniel to "hump this", indicating his groin area, when she called his attention to a buckle in the floor which presented a safety hazard;
c) On more than one occasion, Naquin pointed to his groin and asked Tiffany Atkinson "Why don't you suck this? You know you want this";

d) On one occasion, Naquin pushed out his pelvis and told Sarah McDaniel to "work this" when she asked him for some french fries for a customer. On or about August 25, 1998, Naquin repeated the identical conduct towards Sarah McDaniel in the presence of Celida McDaniel and Lindsey Veck when Sarah asked for help cleaning the ice cream station;
e) Wesley Bridges inappropriately touched Sarah McDaniel on the buttocks on more than one occasion. Specifically, this occurred or about August 7, 1998, August 14, 1998 and on four or more occasions thereafter;
f) Wesley Bridges repeatedly grabbed his crotch in the presence of his female subordinates, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot;
g) Tiffany Atkinson was repeatedly "cornered" by Daniel Naquin while getting forks and other items. During these occurrences, Naquin forced himself inappropriately and unnecessarily close to her. He also unnecessarily brushed in to her on a number of occasions;
h) Naquin engaged in conduct similar to that alleged in subparagraph "g" above directed to Jaime Theriot. On one occasion, Naquin sent her to get rags and then cornered her, touching her around her waist and commenting "Hey, Sexy". On another occasion, he came up behind her and put his arms around her waist. He bumped his pelvic area to her buttocks, saying "How would you like to make it the real thing? I would f--- your brains out ;"
i) Wesley Bridges purposefully and on a daily basis separated himself and a single female coworker from groups of employees. On one occasion, he had Julia Cook go outside with him, whereupon he touched her inappropriately. Bridges also falsely informed co-workers that he was engaged in a sexual relationship with Julia Cook and that she called him at home to profess her love for him;
j) Tiffany Atkinson and Jaime Theriot were called outside with Bridges on a daily basis, sometimes for hours at a time. Although these conversations occurred during working hours and while they were on the clock, they seldom concerned work-related topics unless the girls tried to break-off the conversation and return to work. Otherwise, the primary topics of conversation were about Bridges' relationship with his wife, the girls' problems, the girls' boyfriends, whether the girls engaged in sexual relations with their boyfriends, and other conversations of an explicitly sexual nature;
k) On or about August 11, 1998, Bridges separated himself and Tiffany Atkinson from their coworkers. He had her accompany him outside of the restaurant and to the back of the parking lot in a dimly lit area. During this conversation, he questioned her for nearly twenty minutes about whether she was the employee who filed the sexual harassment complaint with the corporate office and what she knew about it. During the entire conversation, he repeatedly grabbed his crotch;

1) On three different occasions, Bridges called Jaime Theriot outside to talk with him and told her that they would sit in his car. He leaned over and put his face to her ear and said "God, what I would love to do with you right now, you are so hot";
m) Daniel Naquin repeatedly told Tiffany Atkinson that he knew what she wanted, indicating his penis. He also talked about liking "big ass", making reference to Tiffany and grabbing at her as she walked by;
n) On one occasion, Tiffany Atkinson told Naquin that she wanted to count the money on the table, not on the desk. Naquin responded, in the presence of a group of co-workers, "Oh, but
Tiffany, I don't want to do it on the table". His implication was clear that he did not want to
have sex on the table.
0) Naquin would frequently pick up a banana and, holding it to his crotch, make offensive comments. One on occasion, he told Tiffany Atkinson not to be offended by the size of his banana. On several occasions, he told Jaime Theriot to suck it. Offensive displays of this nature also took place in the presence of Celida McDaniel;
p) Contrary to their wishes, Naquin repeatedly bragged to his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot about (and discussed in their presence) his sexual encounters, about sleeping with married women and that he liked blow jobs. He specifically conveyed this information to Tiffany Atkinson. On one occasion after having his tires slashed, he told Celida McDaniel about his encounter with a married woman. On another occasion, Naquin told Jaime Theriot that, "I like to get my d--- sucked, but I always return the favor. 1would love to find out what you taste like";
q) Contrary to their wishes, Bridges discussed with and in the presence of his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot his extramarital relationships. He made specific mention to Celida McDaniel of the fact that he had cheated on his wife. He also called Julia Cook from both home and work to discuss his relationship with his wife and to ask about her relations with her husband and how often they "did it";
r) On one occasion, Naquin asked Sarah McDaniel if she "gives good head". This occurred in late August or early September, 1998;
s) Naquin told Celida McDaniel that she is beautiful and that he would "give her a go" if she were not married. On another occasion, he was describing his sexual encounter of the night before and turned to Celida McDaniel, telling her that she was not a bad looking woman for her age and that he would like to "give you a go".
t) Bridges routinely commented on the physical appearance of his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot. More specifically, he told Tiffany Atkinson that she could have any guy she wanted

-I
and he didn't know what she was doing with her "loser boyfriend". He also told Tiffany Atkinson that they missed her wearing shorts to work. He also told her that they would assign her to work in the kitchen but no work would get done because all the males would be "staring at your ass";
u) Additionally, Bridges routinely told Jaime Theriot that she was beautiful and far prettier than any of the other girls that worked for Sonic. He regularly asked her questions about her sex life, specifically whether she and her boyfriend had sexual relations and, if so, what they did. On one occasion when Jaime Theriot was working in the kitchen, Bridges commented that things were a lot slower since she began working back there. He further commented that "Maybe if you didn't have such a fine ass, people could take their eyes off of you";
v) Naquin routinely told Jaime Theriot that she was pretty. He made specific comments about her having "nice ass" and a "perfect body". On one occasion, he told her that she had "nice tits" and that he would like to suck on them. Naquin also made physical contact with Jaime on a regular basis, although there was no need to do so. On countless occasions, he would instruct her to do something and then slap her on the behind when she walked past him. This physical contact was so extensive that co-workers commented that every time Naquin walked by he "has to put his hands on you";
w) On one occasion a female customer pulled into the drive in a truck. The management staff (Bridges and Naquin) began ogling her and commenting on her "good looking cleavage". This inappropriate conduct took place in the presence of Celida McDaniel who, in disgust, told them that they were "sick perverts";
x) On one occasion, Bridges directed Tiffany Atkinson and Jaime Theriot to go outside and wash customers' car windshields in an effort to increase business since both young women were wearing shorts;
y) Naquin routinely invited under-age female Sonic employees to his apartment to get drunk and party. Specifically, he invited Tiffany Atkinson, Jaime Theriot, Lindsey Veck and Heather Spillman to his apartment;
z) Naquin, while at Sonic, repeatedly called Jaime Theriot at home and frequently asked her to go out on dates with him. Some of the requests for them to date were made at the worksite and during work hours;
aa) On one occasion, Wesley Bridges spoke with Tiffany Atkinson about his feelings for a coworker, Dawn McIntyre (age 18), and wanted Tiffany to speak with Dawn to see if she returned his feelings. After Bridges and Miss McIntyre spoke and she told him she did not return his feelings, Bridges disclosed his feelings regarding Miss McIntyre and her rejection of him to Jaime Theriot;
bb) On October 3/4, 1998, the sexual harassment described herein culminated in the rapes of Tiffany Atkinson and Jaime Theriot by Bridges and Naquin. Bridges and Naquin let these

two young girls off from work early in order that they could prepare to go out with them. After supplying Tiffany and Jaime with alcohol to the point of intoxication, both Bridges and Naquin had unsolicited and unwelcome sexual intercourse with each of them. After the rapes, in an effort to keep Tiffany and Jaime from disclosing what happened, they were both given increases in pay and other special on-the-job consideration by Bridges and Naquin. As a result of these rapes both Tiffany Atkinson and Jaime Theriot had to seek medical and psychological treatment which continues to this date. In addition, Tiffany Atkinson became pregnant as a result of her rape by Naquin and/or Bridges. She gave birth to a son on June 29, 1999. DNA testing has confirmed Naquin's paternity.
cc) Bridges frequently made telephone calls to Sonic management team member Wesley Wallace
to discuss the physical appearance of the girls he hired, how they compared to the attractiveness of the females Wallace hired, etc. He frequently made mention of Tiffany Atkinson during these conversations;
dd) On one occasion, Jaime Theriot was in the kitchen flipping hamburger patties. Naquin commented to her, "You are good with meat, huh? How about you come show me how good you are?";
c.
COMPLAINTS AND RETALIATION
ee) Celida McDaniel complained to both Wesley Bridges and Daniel Naquin about their inappropriate treatment directed to her daughter, Sarah McDaniel. After receiving these complaints, Bridges and Naquin retaliated by placing Sarah on the work schedule less frequently and taking her off of car hop duties and placing her inside working the ice cream station. Both of these actions had the affect of reducing Sarah's income. Additionally, Bridges and Naquin told their subordinates to watch what they said to Sarah;
ff) Celida McDaniel also complained internally to Bridges and Dale Gryder (First Assistant Manager) regarding Naquin's inappropriate sexual conduct and comments. No relief resulted from the complaints;
gg) Mike Sheldon, Assistant Manager of the Sonic on O'Neal Lane, called Sarah McDaniel to fish for information regarding the nature and source of the problems at Hooper Road. Celida and Sarah McDaniel then confronted Wesley Bridges regarding how Mike Sheldon learned of any problems or complaints. Bridges lied and denied knowledge;
hh) On or about the following Sunday, Sarah McDaniel advised Celida McDaniel that Danny Naquin had punched her on the arm, leaving a bruise. Sarah complained about this incident to Wesley Bridges. Bridges allowed Sarah to leave work early to talk to her mother. The following day, Celida called Bridges to complain the physical abuse of her daughter and other harassing conduct of a sexual nature. Thereafter, Chuck Tomajko requested to meet with the

McDaniel's. Celida and Sarah McDaniel, Celida's husband, Richard McDaniel, Chuck Tomajko and Wesley Bridges attended the meeting. At that meeting, wherein the physical abuse and sexual harassment was discussed, Tomajko advised the McDaniel's that he sticks with his management team, but that he had problems with Naquin in the past and would see to it that Naquin got counseling, would apologize and would not hit Sarah again. He also offered to transfer Sarah McDaniel to another Sonic location. Since Sarah was not the problem, this offer was declined;
ii) On or about September 9 and September 11, 1998, complaints were made to the corporate office of Sonic Industries, Inc. (to a woman believed to have been named Sherry Bowman) requesting that Sonic Industries, Inc. investigate and remedy the pervasive sexual harassment occurring at the Sonic Drive In on Hooper Road. Sonic Industries, Inc. failed to conduct an investigation. Rather, the complaint and supplemental complaint were faxed to the franchisee, Theodore Kergan, in Lafayette, Louisiana, and then by Kergan to Charles Tomajko at O.O.C.lS.D.I. of B.R. Hooper Road for investigation. On information and belief, Tomajko transmitted the complaints to Bridges, as Manager of S.D.I. of B.R. Hooper Road, L.L.C. Neither Sonic Industries, Inc., Kergan, Tomajko or Bridges took appropriate action to redress these grievances or to prevent further harm.
jj) Sarah McDaniel informed Wesley Bridges about Naquin's conduct in pushing out his pelvis and telling her to "work this". This report was made on or about August 25, 1998. Although Sarah was crying and visibly upset over an issue which she indicated was clearly work related and involving Naquin, Bridges paid no attention to her complaint;
kk) On or about September 17, 1998, Julia Cook was terminated from Sonic by Tomajko. She was called to meet with him before she returned to work from stress leave. When he asked what was going on and she told him of the sex harassment at her job site, he told her to consider herself terminated. Tomajko's termination of Julia Cook for reporting sex harassment was not completely unexpected. Tomajko himself, a direct agent and representative of the Kergans, has approached Cook from behind and rubbed on her. On another occasion, he asked her what her job evaluation rating should be. She told him an eleven on a scale of one to ten. He responded that an eleven was a "swallower". His conduct and behavior is demonstrative of the pervasive attitude tolerating and/or encouraging sexual harassment at the Kergan Baton Rouge Sonics.

"'
D. PERVASIVENESS OF CONDUCT
17. As set forth hereinabove, the sexual comments, references to sex and the unwarranted and unwelcome physical contact were pervasive. The atmosphere was so hostile and offensive that petitioners, Celida McDaniel and Sarah McDaniel, were forced to quit their jobs due to the harassment. Julia Cook was fired for reporting the harassment. Julia Cook's daughter, Blanche Mayer, was taken off of Sonic's schedule. Both Tiffany Atkinson and Jaime Theriot tried to continue working following the rapes in an effort to keep their families, friends and co-workers from learning what happened. Finding themselves emotionally unable to continue working, they both discontinued reporting to work.
18. Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show that Naquin, Bridges and Tomajko's actions throughout their employment unreasonably and unnecessarily interfered with their work performance and created an intimidating, abusive, hostile and offensive work environment.
19. Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show that Naquin, Bridges and Tomajko's harassment was so severe that it frequently reduced them to tears and has caused them to suffer permanent intellectual, emotional and psychological injury.

20. Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show that Naquin, Bridges and Tomajko's actions as set forth herein were done with malice and with reckless disregard for their privacy rights and common decency. Further, these plaintiffs show that Naquin, Bridges and Tomajko's actions were so outrageous in character and extreme in degree as to be beyond all bounds of human decency and civility.
E.
FAILURE TO HAVE POLICIES/APPROPRIATELY TRAIN 21.
On information and belief, SONIC INDUSTRIES, INC. and/or the Kegans and/or Kergan Sonics and/or O.O.c., L.L.C. have no policy to effectively train and supervise its franchise owners/managers in appropriate personnel matters, including but not limited to sexual harassment policies.
22. Sonic Industries, Inc., Theodore W. Kergan, Ann Crosby Kergan and/or Tomajko were responsible for the proper training of Naquin and Bridges relative to the sexual harassment policy and failed to do so. Sonic and the Kergans were responsible for the proper training of Tomajko and failed to do so.

F.
OPERATIVE DESIGN 23.
0.0. C., L.L.C. and SDI - Hooper, through its owners/executive officers/Members/employees and/or managers, Theodore W. Kergan, Ann Crosby Kergan, Tomajko, Naquin and Bridges routinely and systematically employed young attractive females to occupy the positions of Car Hop/Waitress in a plan and strategy to use sex and sex appeal as a business attractant.
24.
o.a.c., SONIC INDUSTRIES, INC.'s and/or Kergan and/or the Kergan Sonics' and/or
L.L.C. 's operative design is to hire young, attractive females to serve as Car Hop/Waitresses to enhance business.
25.
a.a.c., SONIC INDUSTRIES, INC.'s and/or Kergan and/or the Kergan Sonics' and/or
L.L.C.'s operative design is to hire young, ill trained, ill prepared managers, typically male, to supervise the attractive young girls.
G.
DEFENDANTS' KNOWLEDGE AND FAILURE TO RESPOND 26.
0.0.c., L.L.c., SDr - Hooper, Theodore W. Kergan, Ann Crosby Kergan, Tomajko and Sonic Industries, Inc. had knowledge of Naquin's propensity to engage in sexual harassment and improper conduct in the workplace and ample opportunity to prevent the conduct complained of herein by appropriate personnel practices, including exercising the option to not hire Naquin at the Hooper Road

location. 27.
Prior to Naquin being hired by Bridges as Assistant Manager at Hooper Road, Bridges received specific warning from Julia Cook that Naquin had harassed the female employees at the O'Neal Lane Sonic location (also a Kergan enterprise managed in conjunction with Tomajko) and that she herself
had been a victim of his harassment. Wesley Wallace, Sonic management team member, also warned
Bridges. These warnings were to no avail. Further, upon directly observing Naquin's actions and receiving complaints with regard thereto, Bridges failed to intervene, failed to correct andlor follow-up with appropriate action.
28.
Theodore W. Kergan andlor Ann Crosby Kergan knew or should have known about the actions
of Naquin, Bridges and Tomajko as set forth above and did nothing to stop it. In fact, Kergan looked to Tomajko to correct the situation when he knew or should have known Tomajko to be part of the problem.
29. Theodore W. Kergan, Ann Crosby Kergan and/or Tomajko failed to investigate and/or adequately investigate the backgrounds of Naquin and Bridges prior to hiring them or after Tomajko received complaints relative to their behavior.
30. Theodore W. Kergan, Ann Crosby Kergan and/or Tomajko as the organizers/members/managers of these companies are therefore personally responsible for the actions/inactions of these companies.

H. Sonic License Agreement/Assignment
31. Sonic Industries, Inc. has the exclusive authority to grant to a person, known as a "licensee", the right to operate a Sonic Drive In, and does so in the form of a license agreement (hereinafter
sometimes referred to as a "Sonic License".
32. A Sonic License allows the licensee to operate a Sonic Drive In at a particular location described in the Sonic License agreement; however, Sonic Industries, Inc. maintains substantial control over how the licensee operates the Sonic Drive In.
33. Sonic Industries' control, as described above includes, but is not limited to: a) Menus; b) Pricing; c) Uniforms; d) Building layout; e) Traiping of managers; f) Training to prevent sexual harassment; and g) Location, advertising and the sale, transfer and assignment of the Sonic License.
34. No person or entity may operate a Sonic Drive In without obtaining a Sonic License from Sonic Industries, Inc.

35. No licensee may transfer or assign a Sonic License without the consent of Sonic Industries, Inc.
36. Transfer of the license agreement between Sonic Industries, Inc. and Kergan required compliance with certain formalities, in part to protect the interest of third parties.
37.
,
Formalities which must be complied with to transfer a Sonic License include, but are not limited to:
a) Ensuring proper liability insurance coverage for injuries; b) Proper capitalization for payment of indebtedness; c) Proper training in personnel matters to ensure the safety and welfare of those working
under the Sonic name; and d) Other hazards to be identified at the trial of this matter.
38. Kergan claims to have assigned his Sonic License for the Hooper Road drive in location to SDI ofB.R. - Hooper, L.L.c.; however, due to lack of compliance with any ofthe requirements outlined in the license agreement, this assignment is null, leaving Kergan the individual licensee.
39. Sonic Industries, Inc. knew that SDI-Hooper was not properly licensed and had not complied with the measures designed to protect third parties, yet they condoned Kergan's disregard for the licensing requirements and loose, irresponsible and negligent management of his organization.

I. Piercing Veil of Limited Liability
40. Sonic Industries, Inc. granted a Sonic License to Kergan to operate a Sonic Drive in on Hooper Road in East Baton Rouge Parish.
41.
Sonic Industries, Inc. never consented to the transfer or assignment by Theodore Kergan of the license to operate a Sonic Drive In on Hooper Road.
42. Theodore Kergan operates a Sonic Drive In on Hooper Road purportedly in the name of SDI of B.R. Hooper Road, L.L.C.
43. At all times pertinent, SDI - Hooper was the alter ego of Theodore Kergan.
44. SDI - Hooper was established by Theodore Kergan and Ann Crosby Kergan to impair the rights of creditors.
45. SDI - Hooper does not have a valid Sonic License authorizing it to operate a Sonic Drive In.
46. Plaintiffs allege, on information and belief, that SDI - Hooper: a) Was formed by and at the direction of Theodore Kergan and Ann Crosby Kergan; b) Is absolutely controlled by Theodore Kergan and Ann Crosby Kergan; c) Is and was undercapitalized;

d) Has total liabilities exceeding its total assets;

e) Has no liability insurance to provide protection to parties who are injured by the

conduct or operations of SDI - Hooper;

f)

Has no worker's compensation insurance to protect its employees;

g) Was formed to impair or defeat creditors' rights; and

h) Failed to follow the appropriate business formalities.

47.

That the plaintiffs are entitled to pierce the veil oflimited liability with respect to SDI - Hooper

and any judgment obtained against SDI - Hooper should also be rendered against Theodore Kergan

and Ann Crosby Kergan.

J.

Single Business Enterprise

48.

Sonic Industries, Inc. has granted approximately sixty Sonic Licenses to Kergan to operate

Sonic Drive Ins throughout Louisiana.

49.

Kergan has formed multiple Limited Liability Companies (LLCs) and purportedly operates

each Sonic under the name of a separate limited liability company.

50.

Kergan has formed multiple limited liability companies and placed the ownership of the land

and buildings, but not the Sonic License, for each Sonic Drive In he operates into a separate limited

liability company.

51. Kergan uses approximately sixty limited liability companies to operate his Sonic Drive In enterprises (hereinafter sometimes "Kergan Sonics", including Kergan Baton Rouge Sonics).
52. Kergan had a Sonic License from Sonic Industries, Inc. to operate a Sonic Drive In on Hooper
Road, Perkins Road, O'Neal Lane and Airline Highway in East Baton Rouge Parish. He has others.
53. Theodore Kergan operates the Sonic Drive In on Hooper Road in the name of SDI of B.R. Hooper Road, L.L.C. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of Hooper Road, L.L.C.
54. Theodore Kergan operates the Sonic Drive In on Perkins Road in the name of SDI of B.R. Perkins Road, L.L.C. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of Perkins Road, L.L.C.
55. Theodore Kergan operates the Sonic Drive In on Perkins Road in the name of SDI of B.R. Airline, L.L.c. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of Airline, L.L.C.
56. Theodore Kergan operates the Sonic Drive In on O'Neal Lane in the name of SDI of B.R. O'Neal Lane, L.L.C. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of O'Neal Lane, L.L.C.

57.

A Sonic License may not be sold, transferred or assigned without the consent of Sonic

Industries, Inc.

58.

Sonic Industries, Inc. has never consented to the transfer or assignment of Sonic Licenses

granted to Theodore Kergan for operation of the Hooper, Perkins, Airline and O'Neal Lane locations.

59.

Theodore Kergan formed O.O.C., L.L.C. to purportedly manage the Sonic Drive Ins located

at Hooper Road, Perkins Road, O'Neal Lane and Airline Highway.

60.

On information and belief Kergan Sonics are sham entities and are not and have never been

properly conducted as companies as evidenced by the failure to hold regular meetings of members and

failure to follow statutory formalities for transacting company affairs.

61.

On information and belief, income and profits generated by Kergan's Sonics is directed to

Kergan and no capital or funds are left in Kergan's Sonics to pay creditors except those in the ordinary

course of business.

62.

On information and belief, Kergan Sonics:

a)

Have the same organizers;

b) Have the same members;

c) Have the same owners;

d) Have the same accountants;

e) Have the same administrative officers and offices; f) Share personnel; g) Are undercapitalized; and h) Are uninsured or underinsured.
63.
The operation of Kergan Sonics exposes thousands of employees, customers and vendors to
various risks and injuries without recourse of recovery. 64.
The multiple limited liability companies in the Kergan Sonics serve one purpose, that is to operate the Sonic Drive Ins owned and controlled by Kergan, while insulating him from responsibility to properly manage, control and oversee his operations.
65. The excessive fragmentation of Kergan's Sonics into multiple entities was established by Kergan to impair or defeat the rights of creditors.
66. Kergan and Kergan Baton Rouge Sonics are in fact a single business enterprise owned, operated and controlled by Kergan.
67. That the Kergan Baton Rouge Sonics, individually or collectively, should be recognized as the alter ego of Kergan.

. ,

V.

CAUSES OF ACTION

68.

Plaintiffs show that Theodore W. Kergan, Ann Crosby Kergan and Charles "Chuck" Tomajko

as the owners/organizers/members/ managers of O.O.C., L.L.C., SDI - Hooper and the Kergan Baton

Rouge Sanies, are vicariously liable, and liable as respondeat superiors of Naquin and Bridges for
their atrocious, opprobrious, tortious, and outrageous behavior set forth herein exhibited and initiated

towards and upon Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot

which behavior was purposely intended to bring about emotional, psychological and intellectual injury

to each of them.

69.

Plaintiffs show that O.O.c., L.L.C., Theodore W. Kergan, Ann Crosby Kergan and Charles

"Chuck" Tomajko, as the owners/organizers/members/managers ofO.O.C., L.L.c., and SDI - Hooper

and the Kergan Baton Rouge Sonics are further liable by virtue of their negligent hiring/retention of

Naquin and Bridges as supervisory employees. Specifically, plaintiffs show that these defendants

knew or should have known:

a)

That Naquin and Bridges were engaging in the outrageous behavior set forth above;

b) That Naquin and Bridges had sexually harassed other employees of SDr of B.R.

Hooper Road, L.L.C. and/or other Sonic Drive In Restaurants owned, operated or

managed by these defendants;

c) That Naquin's and Bridges' sexual harassment would likely culminate in the rapes as

set forth herein;

d) That hiring and retaining 21 year old to 25 year males of Bridges' and Naquin's ilk to

supervise 16 year old females was a reCIpe for disaster and constituted gross negligence; and e) That these defendants failed to properly detect, control and respond to the allegations ofNaquin's and Bridge's sexual harassment and the pervasive cond~ct and atmosphere condoned by the defendants.
70.
Plaintiffs show that O.O.c., L.L.C., SDI - Hooper, Theodore W. Kergan, Ann Crosby Kergan and Tomajko, as the owners/organizers/members/managers ofO.O.C., L.L.C., SDI - Hooper and other Kergan controlled companies and enterprises are further liable by virtue of their facilitating Bridges' and Naquin's ability to abuse and offend these plaintiffs in the following non-exclusive respects:
a) Gross negligence in hiring and retaining Naquin and Bridges as supervisory employees;
b) Failing to promulgate, disseminate, provide training and enforce a policy prohibiting sexual harassment;
c) Failing to properly train Naquin and Bridges; and d) Failing to appropriately act based upon information known or that should have been
known regarding Naquin's and Bridges' actions and past actions. 7l.
Julia Cook and Celida McDaniel show that Theodore W. Kergan, Ann Crosby Kergan, Tomajko, SDI - Hooper, O.O.C., L.L.C., Sonic Industries, Inc., the Kergan Baton Rouge Sonics and other Kergan owned companies and enterprises, Naquin and Bridges are liable to each of them for their conduct set forth herein which outrageous conduct constitutes fault, assault and battery, and intentional infliction of emotional distress within the meaning of Civil Code Articles 2315 and 2316

and sexual harassment within the meaning of State law. 72.
Sarah McDaniel shows that Theodore W. Kergan, Ann Crosby Kergan, Tomajko, SDI Hooper, O.O.c., L.L.c., Sonic Industries, Inc., the Kergan Baton Rouge Sonics and other Kergan owned companies and enterprises, Naquin and Bridges are liable to her for their conduct set forth herein which conduct constitutes fault, assault and battery and intentional infliction of emotional distress within the meaning of Civil Code Articles 2315 and 2316 and sexual harassment within the meaning of State law.
73. Tiffany Atkinson and Jaime Theriot Cedatol show that Theodore W. Kergan, Ann Crosby Kergan, Tomajko, SDI - Hooper, O.O.C., L.L.c., Sonic Industries, Inc., the Kergan Baton Rouge Sonics and other Kergan owned companies and enterprises, Naquin and Bridges are liable for their conduct set forth herein, including but not limited to making them the victims of rape which conduct constitutes fault, assault and battery, intentional infliction of emotional distress and criminal sexual activity occurring during childhood within the meaning of Civil Code Articles 2315, 2315.7 and 2316 and sexual harassment within the meaning of State law.
74. Tiffany Atkinson and Jaime Theriot Cedatol show that SDI - Hooper, O.O.C., L.L.C., Theodore W. Kergan, Ann Crosby Kergan, Tomajko, Kergan Baton Rouge Sonics and other Kergan owned companies and enterprises are vicariously liable, and liable as respondeat superiors, for the conduct of Naquin and Bridges set forth herein, including but not limited to making them victims of rape, which conduct constitutes fault, assault and battery, intentional infliction of emotional distress, criminal sexual activity occurring during childhood within the meaning of Civil Code Articles 2315,

2315.7 and 2316 and sexual harassment within the meaning of State and Federal law. 75.
Sarah McDaniel, Celida McDaniel and Julia Cook show that SDI - Hooper, O.O.C., L.L.C., Theodore W. Kergan, Ann Crosby Kergan, Tomajko, Kergan Baton Rouge Sonics, and other Kergan owned companies and enterprises are vicariously liable, and liable as respondeat superiors, for the
conduct of Naquin and Bridges set forth herein, which conduct constitutes fault, assault and battery
and intentional infliction of emotional distress within the meaning of Civil Code Articles 2315 and 2316 and sexual harassment within the meaning of State and Federal law.
76. Plaintiffs file this action in accordance with the Constitutions, statutes and laws of the United States of America and the State of Louisiana for injuries and damages occasioned by the intentional and/or negligent acts and/or omissions and/or strict liability of the parties made defendants herein, which acts and omissions include, but are not limited to, acts of sexual harassment, sexual battery and rape, sexual discrimination, employment discrimination, assault, battery, intentional infliction of emotional distress, invasion of privacy, gross negligence, negligent hiring and violation of plaintiffs' civillhuman rights. Specifically, this action is filed pursuant to 42 U.S.c. 2000e, et seq., LSA-R.s. 23:331, et seq, La. R.S. 51:2231, LSA-Civil Code Articles 2315,2316 and 2315.7.
77. Plaintiffs Celida McDaniel, Sarah McDaniel, Julia Cook, Tiffany Atkinson and Jaime Theriot Cedatol shows that they each filed Charges of Discrimination with the Equal Employment Opportunity Commission alleging that they had been discriminated against and harassed because of their sex/gender, female, in violation of Title VII of the Civil Rights Act of 1964, as amended. Further, they were allowed to intervene herein by Order signed January 18, 2002.

78. SONIC INDUSTRIES, INC. is liable to each of your plaintiffs for its negligent failure to properly train and supervise the owners of its/their franchise stores in appropriate personnel policies and matters, including but not limited to sexual harassment policies, and for other failures as herein
above specified.
79. SONIC INDUSTRIES, INC. is liable to each of your plaintiffs for its negligent failure to properly monitor and control its franchise operations, including SDI of Hooper Road, L.L.C. and for other failures as herein above specified.
80. SONIC INDUSTRIES, INC. is liable to each of your plaintiffs for its failure to enforce the license agreement.
81. SONIC INDUSTRIES, INC. is liable to each of your plaintiffs for allowing Kergan to transfer the license contrary to its terms.
82. SONIC INDUSTRIES, INC. is liable to each of your plaintiffs for its failure to adequately investigate once the complaint was received.
83. SONIC INDUSTRIES, INC. and/or Kergan and/or Kergan Baton Rouge Sonics controlled and owned companies and enterprises, is/are liable to each of your plaintiffs for designing and implementing a policy encouraging or directing its/their franchisees to hire young, attractive females

{ I
to serve as Car Hop/Waitresses and to manage those employees with young, ill trained and ill prepared male managers, which policy fosters sexual harassment of female employees.
VI. DAMAGES
84.
As a result of the actions/inactions of the defendants, each of them are solidarily liable to each
of your plaintiffs in the following particulars: a. To JULIA COOK for her lost wages; loss of future earnings and earning capacity; past,
present and future medical expenses; past, present and future benefits; loss of enjoyment of life; mental anguish; disability; mental and physical pain and suffering, anguish and anxiety; defamation of character; embarrassment and humiliation; and other damages which will be proven at the trial of these proceedings, in such amounts deemed reasonable, including compensatory damages, punitive damages, attorney's fees and costs; b. To CELIDA MCDANIEL for her lost wages; loss of future earnings and earning capacity; past, present and future medical expenses; past, present and future benefits; loss of enjoyment oflife; mental anguish; disability; mental and physical pain and suffering, anguish and anxiety; defamation of character; embarrassment and humiliation; and other damages which will be proven at the trial of these proceedings, in such amounts deemed reasonable, including compensatory damages, punitive damages, attorney's fees and costs; c. To SARAH MCDANIEL for her lost wages; loss of future earnings and earning capacity; past, present and future medical expenses; past, present and future benefits; loss of enjoyment oflife; mental anguish; disability; mental and physical pain and suffering, anguish and anxiety; defamation of character; embarrassment and humiliation; and other damages which will be

•

(I

•

proven at the trial of these proceedings, in such amounts deemed reasonable, including

compensatory damages, punitive damages, attorney's fees and costs;

d. To TIFFANY ATKINSON for lost wages; loss of past, present and future earnings and

earning capacity; past, present and future medical expenses; cost of pregnancy; cost of raising

the minor child; past, present and future benefits; loss of enjoyment of life; mental anguish;

disability; mental and physical pain and suffering, anguish and anxiety; defamation of

character; embarrassment and humiliation; deprivation of a normal childhood uncomplicated

by an unwanted pregnancy; and other damages which will be proven at the trial of these

proceedings, in such amounts deemed reasonable, including compensatory damages, punitive

damages, attorney's fees and costs;

e. To JAIME THERIOT CEDATOL for her lost wages; loss of future earnings and earning

capacity; past, present and future medical expenses; past, present and future benefits; loss of

enjoyment of life; mental anguish; disability; mental and physical pain and suffering, anguish

and anxiety; defamation of character; embarrassment and humiliation; and other damages

which will be proven at the trial of these proceedings, in such amounts deemed reasonable,

including compensatory damages, punitive damages, attorney's fees and costs;

f.

To MARK ATKINSON, Individually, for reimbursement of all expenses incurred on behalf

of Tiffany Atkinson, including but not limited to expenses for medical and psychological

treatment and counseling for Tiffany Atkinson; medical treatment and care associated with

Tiffany Atkinson's pregnancy; costs of paternity testing; cost of maternity care and the birth

of Tiffany Atkinson's child and reimbursement of educational expenses for Tiffany Atkinson;

g. To CHARLES THERIOT, Individually, for reimbursement of all expenses incurred on

behalf of Jaime Theriot, including but not limited to expenses for medical and psychological

•

I I

"

treatment and counseling for Jaime Theriot;

h. To RICHARD MCDANIEL, Individually, for reimbursement of all expenses incurred on

behalf of Sarah McDaniel incurred by him on her behalf when she was a minor, induding but

not limited to expenses for medical and psychological treatment and counseling for Sarah

McDaniel and for loss of consortium;

1. To MARK ATKINSON, Individually, for loss of consortium, his own emotional distress and
expenses for his own treatment/counseling;

J.

To CHARLES THERIOT, Individually, for loss of consortium;

k. To WENDY ATKINSON, Individually, for loss of consortium;

l.

To LISA THERIOT, Individually, for loss of consortium.;

m. To CELIDA MCDANIEL, individually, for loss of consortium;

n. To CHARLES J. COOK, SR., individually, for loss of consortium.

VII.

PRAYER

WHEREFORE, Intervenors pray that a certified copy of this Supplemental and Amending

Petition ofIntervenors, together with citation to appear herein and answer same, be served upon the

defendants, and after all legal delays and due proceedings are had, that judgment be rendered in favor

of each plaintifflIntervenor against Sonic Industries, Inc., O.O.C., L.L.c., SDI of B.R. Hooper Road,

L.L.C., Real Estate Partners of Hooper Road, L.L.C., Theodore W. Kergan, Ann Crosby Kergan,

Charles "Chuck" Tomajko, SDI ofB.R. Airline, L.L.c., Real Estate Partners of Airline, L.L.C., SDI

ofB.R. Perkins Road, L.L.c., Real Estate Partners of Perkins Road, L.L.C., SDI ofB.R. O'Neal Lane,

L.L.C., Real Estate Partners of O'Neal Lane, L.L.C., Daniel Naquin and Wesley Bridges, in solido,

for all such damages, induding punitive damages, as are reasonable in the premises, together with

, It ...
legal interest thereon from the date ofjudicial demand, until paid. PlaintiffslIntervenors further pray that they be awarded reasonable attorney's fees and
reimbursement of all costs, including expert witness fees. Plaintiffs/Intervenors further pray for a trial by jury. PlaintiffslIntervenors further pray for all general and equitab
429 Government Street Post Office Box 2667 Baton Rouge, LA 70821 (225) 387-4462

 
 . ,

U02LPdl~~RICT COURT

iCTOF LOUISIANA

AUG 15 2002

FILED AU I THE UNITED STATES DISTRICT COU . .et..' G 16 2002

L

_MI[_ )DULi·S'~ooI:g8!tST;~!TElRPe~TtCUOTTIY>~O,COLl.O~UEUR~RITSK~IA_ NA _F_ R THE MIDDLE DISTRICT OF LOUISIA~

CLERK'S OF FICE

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CIVIL ACTION #OlCV819D2

Plaintiff
V.
SDI OF B.R. - HOOPER ROAD, LLC d/b/a SONIC DRIVE INN

COMPLAINT JURY TRIAL

Defendant

SECOND SUPPLEMENTAL AND AMENDING COMPLAINT OF INTERVENORS

The joint petition of:

I.

INTERVENORS

1. JULIA COOK, wife of Charles J. Cook, Sr. and a resident of the full age of majority of the Parish of East Feliciana, State of Louisiana;

2. CELIDA MCDANIEL, wife of Richard McDaniel and mother of Sarah McDaniel and a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;

3. SARAH MCDANIEL, a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;

4. TIFFANY ATKINSON, a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;

5. JAIME THERIOT CEDATOL, sometimes referred to herein as Jaime Theriot, a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;

with respect, represents:

INITIALS DOCKET#

)
II.
PARTIES DEFENDANT
Made defendants herein are the following parties:
1. O.O.c., L.L.C., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
2. SDI OF B.R. HOOPER ROAD, L.L.C. (hereafter sometimes "Kergan"), a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
3. REAL ESTATE PARTNERS OF HOOPER ROAD, L.L.c., a limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
4. THEODORE W. KERGAN, a resident of the full age ofmajority ofthe Parish of Lafayette, State of Louisiana;
I,
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i ,

, !

5. ANN CROSBY KERGAN, a resident of the full age of majority of the Parish of Lafayette,

State of Louisiana;

6. CHARLES "CHUCK" TOMAJKO, a resident of the full age of majority of the Parish of East Baton Rouge, State of Louisiana;

7. SDI OF B.R. AIRLINE, L.L.c., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;

8. REAL ESTATE PARTNERS OF AIRLINE, L.L.c., a domestic limited liability

company organized and existing under the laws of the State of Louisiana, domiciled in the

,f -I
'I,II

City of Baton Rouge therein, authorized to do and actually doing business in the State of

,

Louisiana;

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,I ,il

9. SDI OF B.R. PERKINS ROAD, L.L.C., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge

therein, authorized to do and actually doing business in the State of Louisiana;

10. REAL ESTATE PARTNERS OF PERKINS ROAD, L.L.C., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;

11. SDI OF B.R. O'NEAL LANE, L.L.c., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;
'i'
12. REAL ESTATE PARTNERS OF O'NEAL LANE, L.L.C., a domestic limited liability company organized and existing under the laws of the State of Louisiana, domiciled in the City of Baton Rouge therein, authorized to do and actually doing business in the State of Louisiana;

13. DANIEL NAQUIN, a resident of the full age of majority of the Parish of Livingston, State of Louisiana; and

14. WESLEY BRIDGES, a resident of the full age of majority ofthe Parish of Livingston, State of Louisiana.

15. SDI ofB.R. Hooper Road, L.L.C., SDI ofB.R. Airline, L.L.C., SDI ofB.R. Perkins Road, L.L.c. and SDI of B.R. O'Neal Lane L.L.C., together with their respective real estate
i'
counterparts, Real Estate Partners of Hooper Road, L.L.C., Real Estate Partners of Airline L.L.C., Real Estate Partners of Perkins Road, L.L.C. and Real Estate Partners of O'Neal Lane, L.L.c., all made defendant herein, are hereinafter sometimes referred to as "Kcrgan
i',

Baton Rouge Sonics".
16. As used herein, "Kergan Sonics" and "Kergan's Sonics" and "Kergan owned companies and enterprises" refer to the sixty or more limited liability companies throughout the State of Louisiana which Kergan created and operates in a like manner to those entities made defendant herein to operate his Sonic Drive In enterprises, including the Kergan Baton Rouge Sonics.
17. Kergan Bros., Inc., a domestic corporation organized and operating in the State of Louisiana, domiciled in Lafayette therein, which can be served through its registered agent, Theodore W. Kergan, II, #3 Flagg Place, Ste. B3, Lafayette, Louisiana 70508.
18. Wasau Business Insurance Co., a foreign insurer which can be served through Honorable Walter "Fox" McKeithen, Secretary of State, State of Louisiana.
19. Hartford Insurance Company, a foreign insurer which can be served through Honorable Walter "Fox" McKeithen, Secretary of State, State of Louisiana.

III. INCORPORATION BY REFERENCE FROM ORIGINAL PETITION Paragraphs "Nature of the Action", 1,2,3,4,5,6,7,8, 10, 11, 12, 13, "Prayer for Relief' and "Jury Trial Demand" of plaintiffs complaint in the original action above are adopted and incorporated herein by reference.

IV.

FACTS

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I

A. Role of Parties

1.

SONIC INDUSTRIES, INC. is the franchisor of Sonic Drive In Restaurants throughout the

United States, including the State of Louisiana and utilizes the registered trademark of SONIC.

2.

SONIC INDUSTRIES, INC. is a party to a franchise agreement with Theodore W. Kergan

{
and, together with Kergan, exercises control over the operations of the Kergan Sonic Restaurants, and particularly the Kergan Baton Rouge Sonics and Sonic Drive In on Hooper Road.
3. Theodore W. Kergan is a franchisee of SONIC INDUSTRIES, INC. and owns, operates and controls numerous Sonic Drive In Restaurants throughout the City of Baton Rouge and the State of Louisiana.
4. O.O.c., L.L.C. and/or Kergan and/or Tomajko manage, operate and control the Sonic Drive In Restaurant located on Hooper Road in Baton Rouge, Louisiana. The Hooper Road Sonic Drive In is organized as SDI ofB.R. Hooper Road, L.L.C.
5. Theodore W. Kergan, Ann Crosby Kergan, SDI of B.R. Hooper Road, L.L.c. and Kergan Baton Rouge Sonics all employ 15 or more employees and is an "employer" within the meaning of Title VII.
6.
Theodore W. Kergan is the sole owner, organizer and Member of O.O.C., L.L.C. and at all times pertinent herein served as its Executive Vice-President. As the sole Member of O.O.C., L.L.C., Kergan occupied a position of managerial authority with respect to the operation of SDI Hooper and the other Kergan Sonics, including but not limited to the formulation and implementation of all personnel policy matters of said entities and its subsidiaries such as the hiring and firing of personnel and ensuring compliance with Federal and State employment discrimination laws.
7.

Theodore W. Kergan and Ann Crosby Kergan are the organizers and owners ofSDI - Hooper,

and at all times pertinent herein served as its Executive Vice-Presidents and sole Members. As

Members of SDI -Hooper, Theodore W. Kergan and Ann Crosby Kergan occupied positions of

managerial authority with respect to the operation of SDI - Hooper and the other Kergan Baton

Rouge Sonics and Kergan Sonics, including but not limited to the formulation of all personnel policy

matters such as the hiring and firing of personnel and ensuring compliance with Title VII.

8.

At all times pertinent herein, Tomajko served as the President/Chief Executive Officer of

a.o.c., both

L.L.C. and SDI - Hooper. As such, and by virtue of special provisions contained

within the Operations/Management Agreements and employment contracts, Tomajko occupied a

position of managerial authority with respect to the operation of O.O.C., L.L.C. and SDI - Hooper

and other Baton Rouge Sonics, including but not limited to all personnel policy matters such as the

hiring and firing of personnel and ensuring compliance with Title VII. Tomajko occupied a position

supervisory to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot.

9.

At all times pertinent herein, Daniel Naquin was employed by SDI - Hooper as the Assistant

Manager of the Hooper Road Sonic Drive In and was acting within the course and scope of that

employment. Naquin occupied a position supervisory to Julia Cook, Celida McDaniel, Sarah

McDaniel, Tiffany Atkinson and Jaime Theriot. Naquin was 21 years of age or older. Naquin

routinely took instruction from Kergan, Tomajko and Bridges.

10. At all times pertinent herein, Bridges was employed by SDI - Hooper as the Manager of the

Hooper Road Sonic Drive In and was acting within the course and scope of that employment. Bridges occupied a position supervisory to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot. Bridges was 25 years of age or older. Bridges routinely took instruction from Kergan and Tomajko.
11. At all times pertinent herein, Julia Cook was employed by SDI - Hooper, one of the many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as an assistant manager.
12. At all times pertinent herein, Celida McDaniel was employed by SDI - Hooper, one of the many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as a General Worker.
13. At all times pertinent herein, Sarah McDaniel was employed by SDI - Hooper, one of the many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as a Car Hop/Waitress.
14. At all times pertinent herein, Tiffany Atkinson was employed by SDI - Hooper, one of the many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as a Car Hop/Waitress.
15. At all times pertinent herein, Jaime Theriot was employed by SDI - Hooper, one of the many Kergan-controlled enterprises, at the Hooper Road Sonic Drive In as a Car Hop/Waitress.

16.

During periods of time relevant herein, Theodore Kergan, Ann Crosby Kergan and Kergan

Brothers, Inc. were doing business as SDI of Baton Rouge Hooper Road, L.L.C. and other Kergan

Baton Rouge Sonics. Kergan Brothers, Inc. d/b/a SDI ofB.R. Hooper Road, L.L.c. were covered

by commercial general liability policies issued by Wausau Business Insurance Company and

Hartford Insurance Company. Hartford Insurance Company also insured SDI ofB.R. Hooper Road,

L.L.c.

B.

HARASSMENT!DISCRIMINATION

17.

During the terms of their employment by SDI - Hooper and/or Kergan and/or Kergan Baton
Rouge Sonics and/or a.a.c., L.L.C., Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany

Atkinson and Jaime Theriot were subjected to repetitive, persistent and pervasive incidents of

unwarranted, unwelcome and unsolicited hostile and offensive verbal and physical assaults of a

sexual nature which conduct and incidents may be more particularly described but not limited to the

following:

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"'I"~

a) Daniel Naquin repeatedly responded to employee requests for assistance as follows: "Suck

I'

l,ilI·

my d---", "Lick my ass", "Crackhead, you can suck my left nut" and "Suck this". He made

Ii

these comments openly, often and personally to Julia Cook, Celida McDaniel, Sarah

II

McDaniel, Tiffany Atkinson, Jaime Theriot and others; Naquin's propensity to make such

routine remarks was well-known to management and others in the Kergan-controlled

compames.

b) Naquin made such a comment to Celida McDaniel when she objected to him acting unprofessionally towards a young kitchen employee. When Celida McDaniel told Naquin the next day that she was not used to such language and did not approve of it, he told her to "hump this", indicating his groin area. He also told Mrs. McDaniel to "hump this", indicating his groin area, when she called his attention to a buckle in the floor which presented a safety hazard;

c) On more than one occasion, Naquin pointed to his groin and asked Tiffany Atkinson "Why don't you suck this? You know you want this";

d) On one occasion, Naquin pushed out his pelvis and told Sarah McDaniel to "work this" when she asked him for some french fries for a customer. On or about August 25, 1998, Naquin repeated the identical conduct towards Sarah McDaniel in the presence of Celida McDaniel and Lindsey Veck when Sarah asked for help cleaning the ice cream station;

e) Wesley Bridges inappropriately touched Sarah McDaniel on the buttocks on more than one occasion. Specifically, this occurred or about August 7, 1998, August 14, 1998 and on four or more occasions thereafter;

f)

Wesley Bridges repeatedly grabbed his crotch in the presence of his female subordinates,

including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson

and Jaime Theriot;

g) Tiffany Atkinson was repeatedly "cornered" by Daniel Naquin while getting forks and other items. During these occurrences, Naquin forced himself inappropriately and unnecessarily close to her. He also unnecessarily brushed in to her on a number of occasions;

h) Naquin engaged in conduct similar to that alleged in subparagraph "g" above directed to Jaime Theriot. On one occasion, Naquin sent her to get rags and then cornered her, touching her around her waist and commenting "Hey, Sexy". On another occasion, he came up behind her and put his arms around her waist. He bumped his pelvic area to her buttocks, saying "How would you like to make it the real thing? I would f--- your brains out ;"

i)

Wesley Bridges purposefully and on a daily basis separated himself and a single female co-

worker from groups of employees. On one occasion, he had Julia Cook go outside with him,

whereupon he touched her inappropriately. Bridges also falsely informed co-workers that he

I!

was engaged in a sexual relationship with Julia Cook and that she called him at home to

:
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profess her love for him;

j)

Tiffany Atkinson and Jaime Theriot were called outside with Bridges on a daily basis,

sometimes for hours at a time. Although these conversations occurred during working hours

and while they were on the clock, they seldom concerned work-related topics unless the girls

tried to break-off the conversation and return to work. Otherwise, the primary topics of

, ,

conversation were about Bridges' relationship with his wife, the girls' problems, the girls'

i i

boyfriends, whether the girls engaged in sexual relations with their boyfriends, and other

I

conversations of an explicitly sexual nature;

k) On or about August 11, 1998, Bridges separated himself and Tiffany Atkinson from their coworkers. He had her accompany him outside of the restaurant and to the back of the parking lot in a dimly lit area. During this conversation, he questioned her for nearly twenty minutes about whether she was the employee who filed the sexual harassment complaint with the corporate office and what she knew about it. During the entire conversation, he repeatedly

grabbed his crotch;
1) On three different occasions, Bridges called Jaime Theriot outside to talk with him and told her that they would sit in his car. He leaned over and put his face to her ear and said "God, what 1would love to do wi,th you right now, you are so hot";
m) Daniel Naquin repeatedly told Tiffany Atkinson that he knew what she wanted, indicating his penis. He also talked about liking "big ass", making reference to Tiffany and grabbing at her as she walked by;
n) On one occasion, Tiffany Atkinson told Naquin that she wanted to count the money on the table, not on the desk. Naquin responded, in the presence of a group of co-workers, "Oh, but Tiffany,1 don't want to do it on the table". His implication was clear that he did not want to have sex on the table.
0) Naquin would frequently pick up a banana and, holding it to his crotch, make offensive comments. One on occasion, he told Tiffany Atkinson not to be offended by the size of his banana. On several occasions, he told Jaime Theriot to suck it. Offensive displays of this nature also took place in the presence of Celida McDaniel;
p) Contrary to their wishes, Naquin repeatedly bragged to his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot about (and discussed in their presence) his sexual encounters, about sleeping with married women and that he liked blow jobs. He specifically conveyed this information to Tiffany Atkinson. On one occasion after having his tires slashed, he told Celida McDaniel about his encounter with a married woman. On another occasion, Naquin told Jaime Theriot that, "I like to get my d--- sucked, but 1 always return the favor. I would love to find out what you taste like";
q) Contrary to their wishes, Bridges discussed with and in the presence of his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot his extramarital relationships. He made specific mention to Celida McDaniel of the fact that he had cheated on his wife. He also called Julia Cook from both home and work to discuss his relationship with his wife and to ask about her relations with her husband and how often they "did it";
r) On one occasion, Naquin asked Sarah McDaniel if she "gives good head". This occurred in late August or early September, 1998;
s) Naquin told Celida McDaniel that she is beautiful and that he would "give her a go" if she were not married. On another occasion, he was describing his sexual encounter of the night before and turned to Celida McDaniel, telling her that she was not a bad looking woman for her age and that he would like to "give you a go".

t) Bridges routinely commented on the physical appearance of his female employees, including but not limited to Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot. More specifically, he told Tiffany Atkinson that she could have any guy she wanted and he didn't know what she was doing with her "loser boyfriend". He also told Tiffany Atkinson that they missed her wearing shorts to work. He also told her that they would assign her to work in the kitchen but no work would get done because all the males would be "staring at your ass";
u) Additionally, Bridges routinely told Jaime Theriot that she was beautiful and far prettier than any of the other girls that worked for Sonic. He regularly asked her questions about her sex life, specifically whether she and her boyfriend had sexual relations and, if so, what they did. On one occasion when Jaime Theriot was working in the kitchen, Bridges commented that things were a lot slower since she began working back there. He further commented that "Maybe if you didn't have such a fine ass, people could take their eyes off of you";
v) Naquin routinely told Jaime Theriot that she was pretty. He made specific comments about her having "nice ass" and a "perfect body". On one occasion, he told her that she had "nice tits" and that he would like to suck on them. Naquin also made physical contact with Jaime on a regular basis, although there was no need to do so. On countless occasions, he would instruct her to do something and then slap her on the behind when she walked past him. This physical contact was so extensive that co-workers commented that every time Naquin walked by he "has to put his hands on you";
w) On one occasion a female customer pulled into the drive in a truck. The management staff (Bridges and Naquin) began ogling her and commenting on her "good looking cleavage". This inappropriate conduct took place in the presence of Celida McDaniel who, in disgust, told them that they were "sick perverts";
x) On one occasion, Bridges directed Tiffany Atkinson and Jaime Theriot to go outside and wash customers' car windshields in an effort to increase business since both young women were wearing shorts;
y) Naquin routinely invited under-age female Sonic employees to his apartment to get drunk and party. Specifically, he invited Tiffany Atkinson, Jaime Theriot, Lindsey Veck and Heather Spillman to his apartment;
z) Naquin, while at Sonic, repeatedly called Jaime Theriot at home and frequently asked her to go out on dates with him. Some of the requests for them to date were made at the worksite and during work hours;
aa) On one occasion, Wesley Bridges spoke with Tiffany Atkinson about his feelings for a coworker, Dawn McIntyre (age 18), and wanted Tiffany to speak with Dawn to see if she returned his feelings. After Bridges and Miss McIntyre spoke and she told him she did not return his feelings, Bridges disclosed his feelings regarding Miss McIntyre and her rejection of him to Jaime Theriot;

I , !

bb) On October 3/4, 1998, the sexual harassment described herein culminated in the rapes of

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Tiffany Atkinson and Jaime Theriot by Bridges and Naquin. Bridges and Naquin let these

two young girls off from work early in order that they could prepare to go out with them.

,I i

After supplying Tiffany and Jaime with alcohol to the point of intoxication, both Bridges and

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Naquin had unsolicited and unwelcome sexual intercourse with each of them. After the

rapes, in an effort to keep Tiffany and Jaime from disclosing what happened, they were both

given increases in pay and other special on-the-job consideration by Bridges and Naquin.

As a result of these rapes both Tiffany Atkinson and Jaime Theriot had to seek medical and

psychological treatment which continues to this date. In addition, Tiffany Atkinson became

pregnant as a result of her rape by Naquin and/or Bridges. She gave birth to a son on June

29, 1999. DNA testing has confirmed Naquin's paternity.

cc) Bridges frequently made telephone calls to Sonic management team member Wesley Wallace to discuss the physical appearance of the girls he hired, how they compared to the attractiveness of the females Wallace hired, etc. He frequently made mention of Tiffany Atkinson during these conversations;

dd) On one occasion, Jaime Theriot was in the kitchen flipping hamburger patties. Naquin commented to her, "You are good with meat, huh? How about you come show me how good you are?";

c.

COMPLAINTS AND RETALIATION

ee) Celida McDaniel complained to both Wesley Bridges and Daniel Naquin about their inappropriate treatment directed to her daughter, Sarah McDaniel. After receiving these complaints, Bridges and Naquin retaliated by placing Sarah on the work schedule less frequently and taking her off of car hop duties and placing her inside working the ice cream station. Both of these actions had the affect of reducing Sarah's income. Additionally, Bridges and Naquin told their subordinates to watch what they said to Sarah;
!,

ff) Celida McDaniel also complained internally to Bridges and Dale Gryder (First Assistant

I

Manager) regarding Naquin's inappropriate sexual conduct and comments. No relief resulted

from the complaints;

gg) Mike Sheldon, Assistant Manager of the Sonic on O'Neal Lane, called Sarah McDaniel to

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fish for information regarding the nature and source of the problems at Hooper Road. Celida

and Sarah McDaniel then confronted Wesley Bridges regarding how Mike Sheldon learned

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of any problems or complaints. Bridges lied and denied knowledge;

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hh) On or about the following Sunday, Sarah McDaniel advised Celida McDaniel that Danny

Naquin had punched her on the arm, leaving a bruise. Sarah complained about this incident

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to Wesley Bridges. Bridges allowed Sarah to leave work early to talk to her mother. The

following day, Celida called Bridges to complain the physical abuse of her daughter and

I

other harassing conduct of a sexual nature. Thereafter, Chuck Tomajko requested to meet

: I

with the McDaniel's. Celida and Sarah McDaniel, Celida's husband, Richard McDaniel,

Chuck Tomajko and Wesley Bridges attended the meeting. At that meeting, wherein the

physical abuse and sexual harassment was discussed, Tomajko advised the McDaniel's that

he sticks with his management team, but that he had problems with Naquin in the past and

would see to it that Naquin got counseling, would apologize and would not hit Sarah again.

He also offered to transfer Sarah McDaniel to another Sonic location. Since Sarah was not

the problem, this offer was declined;

ii) On or about September 9 and September 11, 1998, complaints were made to the corporate office of Sonic Industries, Inc. (to a woman believed to have been named Sherry Bowman) requesting that Sonic Industries, Inc. investigate and remedy the pervasive sexual harassment occurring at the Sonic Drive In on Hooper Road. Sonic Industries, Inc. failed to conduct an investigation. Rather, the complaint and supplemental complaint were faxed to the franchisee, Theodore Kergan, in Lafayette, Louisiana, and then by Kergan to Charles Tomajko at O.O.C./S.D.I. of B.R. Hooper Road for investigation. On information and belief, Tomajko transmitted the complaints to Bridges, as Manager of S.D.I. ofB.R. Hooper Road, L.L.c. Neither Sonic Industries, Inc., Kergan, Tomajko or Bridges took appropriate action to redress these grievances or to prevent further harm.

jj) Sarah McDaniel informed Wesley Bridges about Naquin's conduct in pushing out his pelvis and telling her to "work this". This report was made on or about August 25, 1998. Although Sarah was crying and visibly upset over an issue which she indicated was clearly work related and involving Naquin, Bridges paid no attention to her complaint;

kk) On or about September 17, 1998, Julia Cook was terminated from Sonic by Tomajko. She

was called to meet with him before she returned to work from stress leave. When he asked

I

what was going on and she told him of the sex harassment at her job site, he told her to

consider herself terminated. Tomajko's termination of Julia Cook for reporting sex

harassment was not completely unexpected. Tomajko himself, a direct agent and

representative of the Kergans, has approached Cook from behind and rubbed on her. On

another occasion, he asked her what her job evaluation rating should be. She told him an

eleven on a scale of one to ten. He responded that an eleven was a "swallower". His conduct

and behavior is demonstrative of the pervasive attitude tolerating andlor encouraging sexual

harassment at the Kergan Baton Rouge Sonics.
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D.
PERVASIVENESS OF CONDUCT 18.
As set forth hereinabove, the sexual comments, references to sex and the unwarranted and unwelcome physical contact were pervasive. The atmosphere was so hostile and offensive that petitioners, Celida McDaniel and Sarah McDaniel, were forced to quit their jobs due to the harassment. Julia Cook was fired for reporting the harassment. Julia Cook's daughter, Blanche Mayer, was taken off of Sonic's schedule. Both Tiffany Atkinson and Jaime Theriot tried to continue working following the rapes in an effort to keep their families, friends and co-workers from learning what happened. Finding themselves emotionally unable to continue working, they both discontinued reporting to work.
19. Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show that Naquin, Bridges and Tomajko's actions throughout their employment unreasonably and unnecessarily interfered with their work performance and created an intimidating, abusive, hostile and offensive work environment.
20. Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show that Naquin, Bridges and Tomajko's harassment was so severe that it frequently reduced them to tears and has caused them to suffer permanent intellectual, emotional and psychological injury.
21. Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot show that Naquin, Bridges and Tomajko's actions as set forth herein were done with malice and with

reckless disregard for their privacy rights and common decency. Further, these plaintiffs show that

Naquin, Bridges and Tomajko's actions were so outrageous in character and extreme in degree as

to be beyond all bounds of human decency and civility.

E.

FAILURE TO HAVE POLICIES/APPROPRIATELY TRAIN

22.

On information and belief, SONIC INDUSTRIES, INC. and/or the Kegans and/or Kergan

Sonics and/or O.O.C., L.L.C. have no policy to effectively train and supervise its franchise

owners/managers in appropriate personnel matters, including but not limited to sexual harassment

policies.

23.

Sonic Industries, Inc., Theodore W. Kergan, Ann Crosby Kergan and/or Tomajko were

responsible for the proper training of Naquin and Bridges relative to the sexual harassment policy

and failed to do so. Sonic and the Kergans were responsible for the proper training of Tomajko and

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failed to do so.

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F.
OPERATIVE DESIGN

24.

O.O.C., L.L.c. and SOl - Hooper, through its owners/executive officerslMembers/employees

and/or managers, Theodore W. Kergan, Ann Crosby Kergan, Tomajko, Naquin and Bridges

routinely and systematically employed young attractive females to occupy the positions of Car

Hop/Waitress in a plan and strategy to use sex and sex appeal as a business attractant.

25.
o.a.c., SONIC INDUSTRIES, INC. 's and/or Kergan and/or the Kergan Sonics' and/or
L.L.C.'s operative design is to hire young, attractive females to serve as Car Hop/Waitresses to enhance business.
26. SONIC INDUSTRIES, INC. 's and/or Kergan and/or the Kergan Sonics' and/or O.O.C., L.L.C. 's operative design is to hire young, ill trained, ill prepared managers, typically male, to supervise the attractive young girls.

G.

DEFENDANTS' KNOWLEDGE AND FAILURE TO RESPOND

27.
a.o.c., L.L.C., SDI - Hooper, Theodore W. Kergan, Ann Crosby Kergan, Tomajko and

Sonic Industries, Inc. had knowledge of Naquin's propensity to engage in sexual harassment and

I

improper conduct in the workplace and ample opportunity to prevent the conduct complained of

I' III

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herein by appropriate personnel practices, including exercising the option to not hire Naquin at the

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Hooper Road location.

28.

i

Prior to Naquin being hired by Bridges as Assistant Manager at Hooper Road, Bridges

received specific warning from Julia Cook that Naquin had harassed the female employees at the

O'Neal Lane Sonic location (also a Kergan enterprise managed in conjunction with Tomajko) and

that she herself had been a victim of his harassment. Wesley Wallace, Sonic management team

member, also warned Bridges. These warnings were to no avail. Further, upon directly observing

Naquin's actions and receiving complaints with regard thereto, Bridges failed to intervene, failed to correct and/or follow-up with appropriate action.
29. Theodore W. Kergan and/or Ann Crosby Kergan knew or should have known about the actions of Naquin, Bridges and Tomajko as set forth above and did nothing to stop it. In fact, Kergan looked to Tomajko to correct the situation when he knew or should have known Tomajko to be part of the problem.
30. Theodore W. Kergan, Ann Crosby Kergan and/or Tomajko failed to investigate and/or adequately investigate the backgrounds of Naquin and Bridges prior to hiring them or after Tomajko received complaints relative to their behavior.
31. Theodore W. Kergan, Ann Crosby Kergan and/or Tomajko as the organizers/members/managers of these companies are therefore personally responsible for the actions/inactions of these companies.
H.
Sonic License Agreement/Assignment 32.
Sonic Industries, Inc. has the exclusive authority to grant to a person, known as a "licensee", the right to operate a Sonic Drive In, and does so in the form of a license agreement (hereinafter sometimes referred to as a "Sonic License".

'.
33.

A Sonic License allows the licensee to operate a Sonic Drive In at a particular location

described in the Sonic License agreement; however, Sonic Industries, Inc. maintains substantial

control over how the licensee operates the Sonic Drive In.

34.
• 1
Sonic Industries' control, as described above includes, but is not limited to:

a) Menus;

b) Pricing;

c) Uniforms;

d) Building layout;

e) Training of managers;

f)

Training to prevent sexual harassment; and

g) Location, advertising and the sale, transfer and assignment of the Sonic License.

35.

No person or entity may operate a Sonic Drive In without obtaining a Sonic License from

Sonic Industries, Inc.

36.

No licensee may transfer or assign a Sonic License without the consent of Sonic Industries,

Inc.

37.

Transfer of the license agreement between Sonic Industries, Inc. and Kergan required

compliance with certain formalities, in part to protect the interest of third parties.

38.

Formalities which must be complied with to transfer a Sonic License include, but are not

'I

limited to:

a) Ensuring proper liability insurance coverage for injuries;

b) Proper capitalization for payment of indebtedness;

c) Proper training in personnel matters to ensure the safety and welfare of those

working under the Sonic name; and

d) Other hazards to be identified at the trial of this matter.

39.

Kergan claims to have assigned his Sonic License for the Hooper Road drive in location to

SOl of B.R. - Hooper, L.L.c.; however, due to lack of compliance with any of the requirements

outlined in the license agreement, this assignment is null, leaving Kergan the individual licensee.

40.

Sonic Industries, Inc. knew that SDI-Hooper was not properly licensed and had not complied

with the measures designed to protect third parties, yet they condoned Kergan's disregard for the

licensing requirements and loose, irresponsible and negligent management of his organization.

I. Piercing Veil of Limited Liability
41. Sonic Industries, Inc. granted a Sonic License to Kergan to operate a Sonic Drive in on Hooper Road in East Baton Rouge Parish.

42.

Sonic Industries, Inc. never consented to the transfer or assignment by Theodore Kergan of

the license to operate a Sonic Drive In on Hooper Road.

43.

Theodore Kergan operates a Sonic Drive In on Hooper Road purportedly in the name of SDI

ofB.R. Hooper Road, L.L.c.

44.

At all times pertinent, SDI - Hooper was the alter ego of Theodore Kergan.

45.

SDI - Hooper was established by Theodore Kergan and Ann Crosby Kergan to impair the

rights of creditors.

46.

SDI - Hooper does not have a valid Sonic License authorizing it to operate a Sonic Drive

In.

47.

Plaintiffs allege, on information and belief, that SDI - Hooper:

a) Was formed by and at the direction of Theodore Kergan and Ann Crosby Kergan;

b) Is absolutely controlled by Theodore Kergan and Ann Crosby Kergan;

c) Is and was undercapitalized;

d) Has total liabilities exceeding its total assets;

e) Has no liability insurance to provide protection to parties who are injured by the

conduct or operations of SDI - Hooper;

f)

Has no worker's compensation insurance to protect its employees;

g) Was formed to impair or defeat creditors' rights; and h) Failed to follow the appropriate business formalities.
48. That the plaintiffs are entitled to pierce the veil of limited liability with respect to SDI Hooper and any judgment obtained against SDI - Hooper should also be rendered against Theodore
Kergan and Ann Crosby Kergan.
J. Single Business Enterprise
49. Sonic Industries, Inc. has granted approximately sixty Sonic Licenses to Kergan to operate Sonic Drive Ins throughout Louisiana.
50. Kergan has formed multiple Limited Liability Companies (LLCs) and purportedly operates each Sonic under the name of a separate limited liability company.
51.
I
Kergan has formed multiple limited liability companies and placed the ownership of the land and buildings, but not the Sonic License, for each Sonic Drive In he operates into a separate limited liability company.
52. Kergan uses approximately sixty limited liability companies to operate his Sonic Drive In enterprises (hereinafter sometimes "Kergan Sonics", including Kergan Baton Rouge Sonics).

53. Kergan had a Sonic License from Sonic Industries, Inc. to operate a Sonic Drive In on Hooper Road, Perkins Road, O'Neal Lane and Airline Highway in East Baton Rouge Parish. He has others.
54. Theodore Kergan operates the Sonic Drive In on Hooper Road in the name of SDI of B.R. Hooper Road, L.L.c. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of Hooper Road, L.L.c.
55. Theodore Kergan operates the Sonic Drive In on Perkins Road in the name of SDI of B.R. Perkins Road, L.L.c. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of Perkins Road, L.L.c.
56. Theodore Kergan operates the Sonic Drive In on Perkins Road in the name of SDI of B.R. Airline, L.L.C. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of Airline, L.L.C.
57. Theodore Kergan operates the Sonic Drive In on O'Neal Lane in the name ofSDI ofB.R. O'Neal Lane, L.L.c. and placed the ownership of the real estate and building of the Sonic Drive In in the name of Real Estate Partners of O'Neal Lane, L.L.C.
58. A Sonic License may not be sold, transferred or assigned without the consent of Sonic Industries, Inc.

I

II

59.

Sonic Industries, Inc. has never consented to the transfer or assignment of Sonic Licenses

granted to Theodore Kergan for operation ofthe Hooper, Perkins, Airline and O'Neal Lane locations.

60.

Theodore Kergan formed O.O.c., L.L.c. to purportedly manage the Sonic Drive Ins located

at Hooper Road, Perkins Road, O'Neal Lane and Airline Highway.

61.

On information and beliefKergan Sonics are sham entities and are not and have never been

properly conducted as companies as evidenced by the failure to hold regular meetings of members

and failure to follow statutory formalities for transacting company affairs.

62.

On information and belief, income and profits generated by Kergan's Sonics is directed to

Kergan and no capital or funds are left in Kergan's Sonics to pay creditors except those in the

ordinary course of business.

63.

On information and belief, Kergan Sonics:

a)

Have the same organizers;

b) Have the same members;

c) Have the same owners;

d) Have the same accountants;

e) Have the same administrative officers and offices;

f)

Share personnel;

g) Are undercapitalized; and

" ,, h) Are uninsured or underinsured. 64. The operation of Kergan Sonics exposes thousands of employees, customers and vendors to
various risks and injuries without recourse of recovery. 65.
The multiple limited liability companies in the Kergan Sonics serve one purpose, that is to operate the Sonic Drive Ins owned and controlled by Kergan, while insulating him from responsibility to properly manage, control and oversee his operations.
66. The excessive fragmentation of Kergan's Sonics into multiple entities was established by Kergan to impair or defeat the rights of creditors.
67. Kergan and Kergan Baton Rouge Sonics are in fact a single business enterprise owned, operated and controlled by Kergan.
68. That the Kergan Baton Rouge Sonics, individually or collectively, should be recognized as the alter ego of Kergan.
v.
CAUSES OF ACTION 69.
Plaintiffs show that Theodore W. Kergan, Ann Crosby Kergan and Charles "Chuck" Tomajko as the owners/organizers/members/ managers of O.O.C., L.L.C., SDI - Hooper and the Kergan Baton Rouge Sonics, are vicariously liable, and liable as respondeat superiors ofNaquin and

" Bridges for their atrocious, opprobrious, tortious, and outrageous behavior set forth herein exhibited and initiated towards and upon Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson and Jaime Theriot which behavior was purposely intended to bring about emotional, psychological and intellectual injury to each of them. 70. Plaintiffs show that O.O.c., L.L.c., SDI - Hooper, Theodore W. Kergan, Ann Crosby Kergan and Tomajko, as the owners/organizers/members/managers of O.O.c., L.L.C., SDI - Hooper and other Kergan controlled companies and enterprises are further liable by virtue of their facilitating Bridges' and Naquin's ability to abuse and offend these plaintiffs in the following non-exclusive respects: a) Failing to promulgate, disseminate, provide training and enforce a policy prohibiting sexual harassment; and b) Other actions/failures to act to be proven at the time of trial. 71. Julia Cook and Celida McDaniel show that Theodore W. Kergan, Ann Crosby Kergan, Tomajko, SDI - Hooper, O.O.c., L.L.c., Sonic Industries, Inc., the Kergan Baton Rouge Sonics and other Kergan owned companies and enterprises, Naquin and Bridges are liable to each of them for their conduct set forth herein which outrageous conduct constitutes sexual harassment within the meaning of Title VII. 72. Sarah McDaniel shows that Theodore W. Kergan, Ann Crosby Kergan, Tomajko, SDI Hooper, O.O.C., L.L.C., Sonic Industries, Inc., the Kergan Baton Rouge Sonies and other Kergan owned companies and enterprises, Naquin and Bridges are liable to her for their conduct set forth

I I

"

herein which conduct constitutes sexual harassment within the meaning of Title VII. 73.
Tiffany Atkinson and Jaime Theriot Cedatol show that Theodore W. Kergan, Ann Crosby Kergan, Tomajko, SDI - Hooper, O.O.C., L.L.c., Sonic Industries, Inc., the Kergan Baton Rouge Sonics and other Kergan owned companies and enterprises, Naquin and Bridges are liable for their conduct set forth herein, including but not limited to making them the victims of rape which conduct constitutes sexual harassment within the meaning of Federal law.
74. Tiffany Atkinson and Jaime Theriot Cedatol show that SDI - Hooper, O.O.C., L.L.C., Theodore W. Kergan, Ann Crosby Kergan, Tomajko, Kergan Baton Rouge Sonics and other Kergan owned companies and enterprises are vicariously liable, and liable as respondeat superiors, for the conduct of Naquin and Bridges set forth herein, including but not limited to making them victims of rape, which conduct constitutes sexual harassment within the meaning of Title VII.
75. Sarah McDaniel, Celida McDaniel and Julia Cook show that SDI - Hooper, O.O.c., L.L.C., Theodore W. Kergan, Ann Crosby Kergan, Tomajko, Kergan Baton Rouge Sonics, and other Kergan owned companies and enterprises are vicariously liable, and liable as respondeat superiors, for the conduct of Naquin and Bridges set forth herein, which conduct constitutes sexual harassment within the meaning of Title VII.
76. This action is filed pursuant to 42 U.S.c. 2000e, et seq.

ill

t; II

•

77. Plaintiffs Celida McDaniel, Sarah McDaniel, Julia Cook, Tiffany Atkinson and Jaime Theriot Cedatol show that they each filed Charges of Discrimination with the Equal Employment Opportunity Commission alleging that they had been discriminated against and harassed because of their sex/gender, female, in violation of Title VII of the Civil Rights Act of 1964, as amended. Further, they were allowed to intervene herein by Order signed January 18, 2002.
VI. DAMAGES
78. As a result of the actions/inactions of the defendants, each of them are solidarily liable to each of your plaintiffs for all damages available under Title VII, including punitive damages.
VII.
PRAYER WHEREFORE, Intervenors pray that a certified copy of this Second Supplemental and Amending Complaint of Intervenors, together with citation to appear herein and answer same, be served upon the defendants, and after all legal delays and due proceedings are had, that judgment be rendered in favor of each plaintiff/Intervenor against O.O.C., L.L.C., SDI of B.R. Hooper Road, L.L.C., Real Estate Partners of Hooper Road, L.L.C., Theodore W. Kergan, Ann Crosby Kergan, Charles "Chuck" Tomajko, SDI ofB.R. Airline, L.L.c., Real Estate Partners of Airline, L.L.C., SDI ofB.R. Perkins Road, L.L.c., Real Estate Partners of Perkins Road, L.L.C., SDI ofB.R. O'Neal Lane, L.L.C., Real Estate Partners of O'Neal Lane, L.L.c., Daniel Naquin, Wesley Bridges, Kergan Bros., Inc., Wausau Business Insurance Co. and Hartford Insurance Company, in solido, for all such

..

.~ I

•

damages, including punitive damages, as are reasonable in the premises, together with legal interest thereon from the date ofjudicial demand, until paid.
PlaintiffslIntervenors further pray that they be awarded reasonable attorney's fees and reimbursement of all costs, including expert witness fees.
PlaintiffslIntervenors further pray for a trial by jury. PlaintiffslIntervenors further pray for all general and equitable relief in the premises.

FLOY . FAL,CON, JR.#5424 DANIEL L. AVANT#2607 SHERR! _REGOlRE#24440 429 Government Street Post Office Box 2667 Baton Rouge, LA 70821 (225) 387-4462

 
 ,t' "

".'.r~.:";''"-:-:.I,~.I,.. ;-.' ir:r~I" ,,_

•• ! I

1 '0

:_!;' LA

03 AUG fa AH 10: 08
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF LOUISIANASIGN

EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION,

*

bYDEF'JfYCLERK -

Plaintiff,
versus
SDI of B.R.-Hooper Road, LLC d/b/a SONIC DRIVE INN
Defendant.

*

*

CIVIL ACTION NUMBER

*

01 CV 819-02

*

*

*

*

*

CONSENT DECREE

L The United States Equal Employment Opportunity Commission ("the Commission")

instituted Civil Action Number 01-819-02 in the United States District Court for the Middle

District of Louisiana on September 28, 2001, charging SDI of B.R.-Hooper Road, LLC d/b/a

Sonic Drive Inn ("Defendant") with violations of Section 706(f)(1) and (3) of Title VII of the

Civil Rights Act of 1964, as amended, 42 U.S.c. Section 2000e-5(f)(I) and (3) and alleging that

the Defendant discriminated against Charging Parties, Tiffany Atkinson, Jaime Theriot, Sarah

McDaniel, Celida McDaniel, Julia Cook, and all other persons similarly situated because of

their sex (female), when they subjected them to unwelcome sexual harassment; and

2. The Commission alleged the Defendant retaliated against Sarah McDaniel and Julia

Cook by demoting and discharging them, respectively, for complaining about the sexual

harassment; and

INITIALS DOCKET#

1

VS \~?J

-

3. The Commission alleged that as a result of the sexual harassment, the conditions of employment for Tiffany Atkinson, Jaime Theriot, Sarah McDaniel and Celida McDaniel were so intolerable that they were forced to resign their position; and
4. The Commission alleged that during the time of the harassment, the Defendant did not have an effective anti-harassment policy in place; and
5. The Commission also alleged that the Defendant failed to follow Federal regulatory record keeping requirements and failed to post the required poster notifying employees and applicants of their rights under Federal laws prohibiting employment discrimination; and
6. On January 15, 2002, Tiffany Atkinson, Jaime Theriot, Julia Cook, Sarah and Celida McDaniel filed a petition to be granted leave to file a Plaintiff-Intervener's complaint with such complaint being filed on February 28, 2002; and
7. SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn, has not admitted and does not admit that it has engaged in any unlawful employment practices; and
8. The Court has jurisdiction over the subject matter of this action and over the parties to this action; and
9. SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn and the Commission have agreed to settle this matter for the relief specified in this Consent Decree; and
10. The Commission and SDI of B.R. -Hooper Road, LLC d/b/a Sonic Drive Inn wish to resolve all claims and controversies encompassed by this lawsuit without burden, expense or delay of further litigation:
Therefore, it is ORDERED, ADJUDGED AND DECREED that:
2

11. The negotiation, execution and entry of this Consent Decree will resolve any and all claims of alleged Title VII violations against the Defendant arising out of EEOC Charge Numbers 270-99-0775 through 270-99-0779 and Civil Action Number CV 01-819-02.
12. The purpose of Title VII will be furthered by the entry of this Decree, the terms of which constitute fair and equitable settlement.
13. Neither the negotiation, execution, nor entry of this Consent Decree shall constitute an acknowledgment or admission of any kind by SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn, that its officers, agents or employees have violated or have not been in compliance with Title VII or any other applicable law, regulation or order.
14. This Consent Decree relates only to the alleged violations raised in EEOC Charge Numbers 270-99-0775 through 270-99-0779 and Civil Action Number CV 01-819-02 filed by the Commission in the United States District Court for the Middle District of Louisiana, on September 28,2001.
15. Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn, its directors, officers, agents, employees and successors or assigns shall not maintain or permit discrimination in the workplace against any applicant for employment or employee based upon such person's sex, and in particular will not permit any form of sexual harassment to be maintained in the workplace. Defendant will take prompt and remedial action to correct any sex discrimination, particularly any sexual harassment, that was alleged in the complaint to have occurred as detailed below.
16. Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn, its directors, officers, agents, employees and successors or assigns shall not maintain or permit discrimination
3

in the workplace against any applicant for employment or any employee, particularly any retaliatory action, because the employee or applicant has exercised their federally protected right to make a complaint under Title VIT, and Defendant will not tolerate any retaliatory management decision. Defendant will take appropriate action to correct any retaliation that has occurred
against any applicant or employee for exercising their federally protected Title vn civil rights.
17. Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn agrees to keep all records of sexual harassment complaints and retaliation complaints made by employees under
Title vn for the two year effective period of this Decree.
18. Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn agrees not to retaliate against any person for having participated in any way in the Commission's investigation of this matter or for complaining of or opposing practices protected by Title VIT.
19. Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn agrees to implement and distribute to all employees, and to enforce an effective written policy and procedure for preventing and investigating complaints of harassment as well as those of retaliation in the workplace. Defendant agrees to certify to the Commission within 90 days of the effective date of this agreement that the written policy and procedures have been distributed to all employees.
20. The anti-harassment and anti-retaliation policy and complaint procedures must contain, at a minimum, the following elements: A clear explanation of prohibited conduct; assurance that employees who make complaints of harassment or provide information related to such complaints will be protected against retaliation; a clearly described complaint process that provides accessible avenues of complaint, particularly a process for resolving complaints which
4

is communicated to employees; assurance that the employer will protect the confidentiality of harassment complaints to the extent possible; a complaint process that provides a prompt, thorough, and impartial investigation; and assurance that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred. Further the policy must provide the following:
a) Designation of two persons as those persons to whom complaints are to be made, providing a number and address by which to contact either or both of these persons; Also, an alternate will be provided, in case one of the designated persons are accused of harassment; and,
b) A thorough investigation will be conducted; and, c) Assurances that no retaliatory action will be taken against any employee for exercising their Federally protected Title VII civil rights. SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn agrees that within the thirty (30) days following the entry of this decree, it shall amend its current sexual harassment and antiretaliation policies and procedures to ensure that their policies and procedures contain the information discussed above in this paragraph and will submit same to the Commission to ensure that the Commission receives the current policies and procedures within the forty-five (45) days as required above in this paragraph. Defendant will report to the Commission every six months for the life of the decree that it has or has not received any sexual harassment complaints and that if it has received same that it has investigated each complaint pursuant to the provisions of this paragraph. 21. Defendant SDI OF B.R-Hooper Road, LLC d/b/a Sonic Drive Inn shall post conspicuously at its principal place of business, within ten (10) days of the entry of the Decree, a
5

copy of a notice detailing Title VIJ's prohibitions against sex discrimination, in particular prohibitions against sexual harassment, and prohibitions against retaliatory action. The poster entitled, "Equal Employment Opportunity is the Law" (GPO 920-752) will be permanently posted. Further, Defendant agrees to pay to the Commission $110.00 for failure to post the required notice, pursuant to Section 2000e-lO(b) of Title VIJ of the Civil Rights Act of 1964, as amended.
22. SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn will provide annual training to all of its Hooper Road employees, manager-trainees, managers and supervisors, on compliance with Title VIJ and its prohibitions against sex discrimination and retaliation, with specific training relative to prohibiting sexual harassment in the workplace and with specific training prohibiting retaliation in the workplace. Specifically, Defendant will train its managers and
supervisors on their responsibility to adhere to the prohibitions of Title vn against subjecting its
employees to sexual harassment. Further, Defendant will provide sexual harassment training to all new employees during their orientation. Finally, Defendant will certify to the Commission annually for the life of the decree that the applicable training of all employees, managers, management-trainees, supervisors, owners and board members has been conducted.
23. It is expressly acknowledged and agreed by the Commission and SDI of B.R. d/b/a Sonic Drive Inn that this Decree will incorporate by reference any monetary relief, paid to the Charging Parties (Tiffany Atkinson, Jaime Theriot, Sarah McDaniel, Celida McDaniel, Julia Cook) in the private resolution of their State Court claims as constituting any individual relief that the Commission would seek on behalf of any of these individuals for any and all claims raised by the present suit Civil Action Number CV-01-819-02.
6

24. Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn shall insure that any personnel or employment record made or kept by them, including but not limited to applications forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, lay-off or termination, shall be preserved by the employer for a period of one year from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of one year from the date of termination. Where a charge of discrimination has been filed, or an action brought by the Commission or the Attorney General, against the Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn under Title VII, the Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn shall preserve all personnel records relevant to the charge or action until final disposition of the charge or action.
25. In the event that Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn, fails to perform its obligations herein, Plaintiff EEOC (Commission) is empowered to enforce this Consent Decree through the applicable judicial enforcement procedures and to seek sanctions to the extent that any may be warranted as a result of the need to enforce this Decree. This Consent Decree will remain in force for two (2) years from the date of the entry of the Decree.
26. Should any provision of this Decree be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term, or provision shall be deemed not to be a part of this Decree.
7

27. This Decree sets forth the entire agreement between the Commission and Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn.
28. The Commission and Defendant SDI of B.R.-Hooper Road, LLC d/b/a Sonic Drive Inn will each bear their own attorney's fees and costs incurred in connection with this litigation.
29. The Court shall retain jurisdiction of this action for purposes of enforcing this Decree, if necessary.
IT IS SO ORDERED
.Js- !\~C0 Baton Rouge, Louisiana, this -----1.-'--""----dayof ~ ,2003.
~~

APPROVED AS TO FORM AND CONTENT:

FOR THE PLAINTIFF EEOC:

FOR THE DEFENDANT

GWENDOLYN REAMS Associate General Counsel

~+~
KEITH Regional Attorney No Bar Roll Number Assigned
~JfJJ11~
MICHELLET.BUTLER Supervisory Trial Attorney Bar Roll Number 1286

BarRo mbe Twenty-Third Floor One American Place Post Office Box 3197 Baton Rouge, Louisiana 70821-3197 Telephone: (225) 387-4000

8

~fb-~

liLIAN M. THORNTON

Senior Trial Attorney

Bar Roll Number 25525

U.S. EEOC-New Orleans District Office

701 Loyola Avenue, Suite 600

New Orleans, Louisiana 70113

Telephone: (504) 589-6817 (Main)

FAX:

(504) 589-2805

9

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

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?549964991411482-L_3...

CLOSED, CONSENT
U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:01-cv-00819-CN

EEOC v. SDI of BR - Hooper R Assigned to: Magistrate Judge Christine Noland Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/28/2001 Date Terminated: 05/28/2003 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Michelle Theresa Butler U.S. Equal Employment Opportunity Commission 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2872 Fax: 504-589-6861 Email: michelle.butler@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lillian M. Thornton U.S. Equal Employment Opportunity Commission 1555 Poydras Street Suite 1900 New Orleans, LA 70112 504-595-2876 Fax: 504-589-6861 Email: lillian.thornton@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant
SDI of B.R. - Hooper Road, LLC doing business as Sonic Drive Inn

represented by Alan K. Breaud Breaud & Lemoine P.O. Box 3448 Lafayette, LA 70502-3448 337-266-2200 Fax: 337-266-2204 FAX Email: alan@bllawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

1 of 21

6/19/2007 10:38 AM

CM/ECF LIVE - U.S. District Court:lamd - Docket Report
Intervenor Plaintiff Tiffany Atkinson TERMINATED: 05/19/2003
2 of 21

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?549964991411482-L_3...
Murphy James Foster, III Breazeale, Sachse & Wilson- B.R. P.O. Box 3197 One American Place, 23rd Floor Baton Rouge, LA 70821-3197 225-387-4000 Fax: 225-387-5397 Email: mjf@bswllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde Breazeale, Sachse & Wilson- B.R. P.O. Box 3197 One American Place, 23rd Floor Baton Rouge, LA 70821-3197 225-387-4000 Fax: 225-381-8029 Email: yro@bswllp.com ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. Avant & Falcon P.O. Box 2667 429 Government Street Baton Rouge, LA 70821-2667 225-387-4462 Fax: 225-387-4547 Email: tiffanylynn75@hotmail.com TERMINATED: 05/19/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant Avant & Falcon P.O. Box 2667 429 Government Street Baton Rouge, LA 70821-2667 225-387-4462 Fax: 225-387-4547 FAX Email: avandan@afllc.brcoxmail.com TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire Avant & Falcon P.O. Box 2667 429 Government Street
6/19/2007 10:38 AM

CM/ECF LIVE - U.S. District Court:lamd - Docket Report
Intervenor Plaintiff Jaime Theriot Cedatol TERMINATED: 05/19/2003
Intervenor Plaintiff Julia Cook TERMINATED: 05/19/2003
Intervenor Plaintiff Celida McDaniel TERMINATED: 05/19/2003
3 of 21

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?549964991411482-L_3...
Baton Rouge, LA 70821-2667 225-387-4462 Email: sherri@afllc.brcoxmail.com TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 05/19/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 05/19/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 05/19/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 05/19/2003
6/19/2007 10:38 AM

CM/ECF LIVE - U.S. District Court:lamd - Docket Report
Intervenor Plaintiff Sarah McDaniel TERMINATED: 05/19/2003
Intervenor Plaintiff Charles J Cook, Sr
Intervenor Plaintiff Richard McDaniel
4 of 21

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ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 05/19/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 05/19/2003 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address)
6/19/2007 10:38 AM

CM/ECF LIVE - U.S. District Court:lamd - Docket Report
Intervenor Plaintiff Mark Atkinson
Intervenor Plaintiff Wendy Atkinson
Intervenor Plaintiff Charles Theriot
Intervenor Plaintiff Lisa Theriot
5 of 21

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?549964991411482-L_3...
ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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V. Intervenor Defendant SDI of B.R. - Hooper Road, LLC doing business as Sonic Drive Inn
Intervenor Defendant Sonic Industries, Inc. TERMINATED: 08/28/2002
Intervenor Defendant O.O.C., L.L.C.
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Daniel L. Avant (See above for address) ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Craig A. Cowart Lewis, Fisher, Henderson, Claxton & Mulroy, LLP 6410 Poplar Avenue Suite 300 Memphis, TN 38157 901-767-6160 Fax: 901-767-7411 FAX Email: craigc@lfhc.com TERMINATED: 08/28/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas L. Henderson Lewis, Fisher, Henderson, Claxton & Mulroy, LLP 6410 Poplar Avenue Suite 300 Memphis, TN 38157 901-767-6160 TERMINATED: 08/28/2002
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Intervenor Defendant Real Estate Partners of Hooper Road, L.L.C.
Intervenor Defendant Theodore W Kergan
Intervenor Defendant Ann Crosby Kergan
Intervenor Defendant Charles Tomajko also known as Chuck Tomajko
Intervenor Defendant S.D.I. OF B.R. Airline, L.L.C.
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Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY
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Intervenor Defendant Real Estate Partners of Airline, L.L.C.
Intervenor Defendant S.D.I. OF B.R. PERKINS ROAD, L.L.C.
Intervenor Defendant Real Estate Partners of Perkins Road L.L.C.
Intervenor Defendant S.D.I. OF B.R. O'Neil Lane, L.L.C.
Intervenor Defendant Real Estate Partners of O'Neil Lane, L.L.C.

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?549964991411482-L_3...
ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address)

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Intervenor Defendant Daniel Naquin Intervenor Defendant Wesley Bridges Intervenor Defendant SDI of B.R. - Hooper Road, LLC doing business as Sonic Drive Inn
Intervenor Defendant Kergan Bros Inc Intervenor Defendant Wausau Business Insurance Co. TERMINATED: 05/13/2003
Intervenor Defendant Hartford Insurance Company TERMINATED: 03/11/2003
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Murphy James Foster, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvonne Reed Olinde (See above for address) ATTORNEY TO BE NOTICED
represented by Charles A. Schutte, Jr. Guglielmo, Marks, Schutte, Terhoeve & Love 320 Somerulos Street Baton Rouge, LA 70802-6129 225-387-8330 Fax: 225-387-8230 Email: cschutte@gmstl.com TERMINATED: 05/13/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Elizabeth Smyth Rambin Chopin, Wagar, Richard, & Kutcher, LLP 3850 N. Causeway Blvd. Suite 900 Metairie, LA 70002 504-830-3838 Fax: 504-836-9540 Email: erambin@chopin.com TERMINATED: 03/11/2003
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Movant Tiffany Atkinson TERMINATED: 01/18/2002
Movant Jaime Theriot Cedatol TERMINATED: 01/18/2002
Movant Julia Cook TERMINATED: 01/18/2002
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 01/18/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 01/18/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 01/18/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire
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Movant Celida McDaniel TERMINATED: 01/18/2002
Movant Sarah McDaniel TERMINATED: 01/18/2002

(See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 01/18/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
represented by Floyd J. Falcon, Jr. (See above for address) TERMINATED: 01/18/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel L. Avant (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED
Sherri Lynn Gregoire (See above for address) TERMINATED: 01/18/2002 ATTORNEY TO BE NOTICED

Date Filed 09/28/2001 10/02/2001
11/02/2001

#

Docket Text

1 COMPLAINT (nlt) (Entered: 10/01/2001)
2 ORDER set Scheduling Conference for 9:30 2/7/02 , set Status Report deadline to 1/28/02 ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 10/02/2001)
3 WAIVER of SERVICE Returned Executed as to SDI of BR - Hooper R 10/23/01 Answer due on 12/24/01 for SDI of BR - Hooper R (elp) (Entered: 11/02/2001)

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12/26/2001 12/27/2001 12/27/2001 01/15/2002 01/15/2002
01/15/2002 01/16/2002
01/18/2002 01/18/2002
01/18/2002
01/25/2002 01/25/2002 01/28/2002 01/28/2002 01/29/2002
01/29/2002 01/29/2002

4 ANSWER to Complaint by SDI of BR - Hooper R (Attorney Murphy James Foster III, Yvonne Inez Reed), (nlt) (Entered: 12/27/2001)
5 MOTION by SDI of BR - Hooper R (Attorney ) to Stay ( Motion Hearing set for 9:00 2/15/02 ) (kmk) (Entered: 12/27/2001)
6 MEMORANDUM by SDI of BR - Hooper R in support of [5-1] motion to Stay by SDI of BR - Hooper R (kmk) (Entered: 12/27/2001)
7 MOTION to Intervene by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel (elp) (Entered: 01/16/2002)
Motion(s) referred to Mag. Judge Christine Noland : [7-1] motion to Intervene by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel (elp) (Entered: 01/16/2002)
Holding Intervenor Complaint (elp) (Entered: 01/16/2002)
8 NOTICE of Hearing: Motion Hearing set for 9:00 3/1/02 for [7-1] motion to Intervene by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel (nlt) (Entered: 01/16/2002)
9 MEMORANDUM by EEOC in opposition to [5-1] motion to Stay by SDI of BR - Hooper R (nlt) (Entered: 01/18/2002)
10 ORDER granting [7-1] motion to Intervene by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel ... intv's are allowed to file within 20 days a motion for leave of court to file a supplemental complaint ( signed by Mag. Judge Christine Noland ), issued notices. (nlt) (Entered: 01/18/2002)
11 INTERVENOR'S Complaint by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel against SDI of BR - Hooper R (elp) (Entered: 01/22/2002)
12 MOTION by EEOC to Continue Scheduling Conference (elp) (Entered: 01/28/2002)
Motion(s) referred to Mag. Judge Christine Noland : [12-1] motion to Continue Scheduling Conference (elp) (Entered: 01/28/2002)
13 MOTION by SDI of BR - Hooper R for Leave to File Reply Memo in Support of Motion to Stay (elp) (Entered: 01/29/2002)
Holding Reply Memo (elp) (Entered: 01/29/2002)
14 ORDER granting [13-1] motion for Leave to File Reply Memo in Support of Motion to Stay by SDI of BR - Hooper R ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 01/29/2002)
15 REPLY by SDI of BR - Hooper R to response to [5-1] motion to Stay by SDI of BR - Hooper R (elp) (Entered: 01/29/2002)
16 ORDER granting [12-1] motion to Continue Scheduling Conference by EEOC reset Scheduling Conference for 3:00 3/21/02 ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 01/29/2002)

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02/05/2002
02/05/2002 02/05/2002 02/25/2002 02/25/2002 02/26/2002 02/26/2002 02/28/2002
02/28/2002
02/28/2002 02/28/2002 03/01/2002 03/01/2002 03/01/2002

17 MOTION by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel (Attorney ) for Leave to File Supplemental and Amending Petition of Intervention to add parties and to add claims (elp) (Entered: 02/05/2002)
Motion(s) referred to Mag. Judge Christine Noland : [17-1] motion for Leave to File Supplemental and Amending Petition of Intervention to add parties and to add claims (elp) (Entered: 02/05/2002)
Holding Supp Intervention (elp) (Entered: 02/05/2002)
18 MOTION by EEOC for Leave to File Response to Dft's Reply Memo in Support of Dft's Motion to Stay (pjd) (Entered: 02/26/2002)
Holding EEOC's response (pjd) (Entered: 02/26/2002)
19 ORDER granting [18-1] motion for Leave to File Response to Dft's Reply Memo in Support of Dft's Motion to Stay by EEOC ( signed by Judge James J. Brady ), issued notices. (pjd) (Entered: 02/26/2002)
20 RESPONSE by EEOC in opposition to [15-1] response reply by SDI of BR Hooper R (pjd) (Entered: 02/26/2002)
21 ORDER granting [17-1] motion for Leave to File Supplemental and Amending Petition of Intervention to add parties and to add claims by Sarah McDaniel, Celida McDaniel, Julia Cook, Jaime Theriot Cedatol, Tiffany Atkinson ( signed by Mag. Judge Christine Noland ), issued notices. (kmk) (Entered: 02/28/2002)
22 SUPPLEMENTAL AND AMENDING INTERVENOR'S Complaint by Charles J Cook Sr, Richard McDaniel, Mark Atkinson, Wendy Atkinson, Charles Theriot, Lisa Theriot, Sonic Industries, In, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, Daniel Naquin, Wesley Bridges against SDI of BR - Hooper R, Sonic Industries, In, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, Daniel Naquin, Wesley Bridges (kmk) (Entered: 02/28/2002)
23 MOTION by SDI of BR - Hooper R (Attorney ) for Leave to File sur reply memo (nlt) (Entered: 03/01/2002)
Holding sur reply memo (nlt) (Entered: 03/01/2002)
24 RULING denying [5-1] motion to Stay by SDI of BR - Hooper R ( signed by Judge James J. Brady ), issued notices. (dcap) (Entered: 03/01/2002)
25 ORDER granting [23-1] motion for Leave to File sur reply memo by SDI of BR Hooper R ( signed by Judge James J. Brady ), issued notices. (nlt) (Entered: 03/01/2002)
26 Sur reply MEMORANDUM by SDI of BR - Hooper R in support of [5-1] motion to Stay by SDI of BR - Hooper R (nlt) (Entered: 03/01/2002)

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03/06/2002 03/08/2002 03/08/2002 03/08/2002 03/19/2002 03/19/2002 03/19/2002 03/19/2002 03/19/2002 03/22/2002
04/08/2002
04/12/2002

27 ORDER...the scheduling conference set for 3/21/02 at 3:00pm is hereby CANCELLED and RESET to 4/25/02 at 3:30pm... Reset Scheduling Conference for 3:30 4/25/02 , Reset Joint Status Report deadline to 4/15/02 ( signed by Mag. Judge Christine Noland ), issued notices. (kmk) (Entered: 03/06/2002)
28 PARTIAL MOTION by SDI of BR - Hooper R (Attorney ) to Dismiss Pursuant to Rule 12(B)(6) ( Motion Hearing set for 9:00 5/3/02 ) (kmk) (Entered: 03/08/2002)
29 MEMORANDUM by SDI of BR - Hooper R in support of [28-1] motion to Dismiss Pursuant to Rule 12(B)(6) by SDI of BR - Hooper R (kmk) (Entered: 03/08/2002)
30 ANSWER by SDI of BR - Hooper R to [22-1] intervenor complaint, [11-1] intervenor complaint (kmk) (Entered: 03/11/2002)
31 MOTION by SDI of BR - Hooper R (Attorney ) for Partial Summary Judgment ( Motion Hearing set for 9:00 5/17/02 ) (kmk) (Entered: 03/20/2002)
32 Statement of Facts by SDI of BR - Hooper R . (kmk) (Entered: 03/20/2002)
33 MEMORANDUM by SDI of BR - Hooper R in support of [32-1] facts by SDI of BR - Hooper R, [31-1] motion for Partial Summary Judgment by SDI of BR Hooper R (kmk) (Entered: 03/20/2002)
34 MOTION by SDI of BR - Hooper R (Attorney ) for Oral Argument on [31-1] motion for Partial Summary Judgment by SDI of BR - Hooper R (kmk) (Entered: 03/20/2002)
35 MEMORANDUM by SDI of BR - Hooper R in support of [34-1] motion for Oral Argument on [31-1] motion for Partial Summary Judgment by SDI of BR Hooper R by SDI of BR - Hooper R (kmk) (Entered: 03/20/2002)
36 ORDER granting [34-1] motion for Oral Argument on [31-1] motion for Partial Summary Judgment by SDI of BR - Hooper R by SDI of BR - Hooper R Oral argument set for 9:00 5/28/02 before JJB for [31-1] motion for Partial Summary Judgment ( signed by Judge James J. Brady ), issued notices. (kmk) (Entered: 03/22/2002)
37 WAIVER of SERVICE Returned Executed as to Sonic Industries, In, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, Daniel Naquin, Wesley Bridges, SDI of BR - Hooper R 3/7/02 Answer due on 5/6/02 for SDI of BR - Hooper R, for Wesley Bridges, for Daniel Naquin, for Real Est Ptnrs-O'Nei, for S.D.I. OF BR-O'Neil, for Real Est Ptnrs-Perki, for S.D.I. OF BR-PERKINS, for Real Est Ptnrs-Airli, for S.D.I. OF BR-Airline, for Charles Tomajko, for Ann Crosby Kergan, for Theodore W Kergan, for Real Est Ptnrs-H.R., for O.O.C., L.L.C., for Sonic Industries, In (elp) (Entered: 04/10/2002)
38 ORDER reset Scheduling Conference for 9:00 6/24/02 , reset Status Report deadline to 6/14/02 ( signed by Mag. Judge Christine Noland ), issued notices. (dcap) (Entered: 04/12/2002)

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04/24/2002 04/24/2002 04/25/2002 04/26/2002
05/06/2002
05/06/2002
05/06/2002
05/06/2002 05/07/2002 05/07/2002 05/07/2002 05/07/2002 05/09/2002

39 MOTION by EEOC for Leave to File Response to dft's Motion for Partial Summary Judgment , and to Reschedule the Date for Oral Arguments (elp) (Entered: 04/25/2002)
Holding EEOC's Memo in Opposition to dft's Motion for Partial SJ (elp) (Entered: 04/25/2002)
40 MOTION by SDI of BR - Hooper R for Leave to File Reply Memo to Pla's Opposition to dft's Motion for Partial SJ Reply not Submitted (elp) Modified on 04/26/2002 (Entered: 04/26/2002)
41 ORDER granting [40-1] motion for Leave to File Reply Memo to Pla's Opposition to dft's Motion for Partial SJ by SDI of BR - Hooper R...dft shall have 10 days from the date of this order to file a Reply Memo to pla's Memorandum in Opposition to Motion for Partial Summary Judgment... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 04/26/2002)
42 ANSWER by SDI of BR - Hooper R, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei to [22-1] intervenor complaint (elp) (Entered: 05/06/2002)
44 MOTION by O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei (Attorney Yvonne Inez Reed, Murphy James Foster III) to Dismiss Pursuant to Rule 12(B)(6)... ( Motion Hearing set for 6/21/02 ) (elp) (Entered: 05/06/2002)
45 MEMORANDUM by O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei in support of [44-1] motion to Dismiss Pursuant to Rule 12(B)(6)... by intervenor-defendssssssssss (elp) (Entered: 05/06/2002)
43 REPLY by SDI of BR - Hooper R to response to [31-1] motion for Partial Summary Judgment by SDI of BR - Hooper R (elp) (Entered: 05/22/2002)
46 MOTION by Sonic Industries, In (Attorney Craig A. Cowart) for Thomas L. Henderson to Appear Pro Hac Vice (elp) (Entered: 05/07/2002)
Motion(s) referred to Mag. Judge Christine Noland : [46-1] motion for Thomas L. Henderson to Appear Pro Hac Vice (elp) (Entered: 05/07/2002)
47 MOTION by Sonic Industries, In to Dismiss atty will submit notice of hearing... (elp) (Entered: 05/07/2002)
48 MEMORANDUM by Sonic Industries, In in support of [47-1] motion to Dismiss by Sonic Industries, In (elp) (Entered: 05/07/2002)
49 ORDER granting [39-2] motion to Reschedule the Date for Oral Arguments by EEOC...Oral argument is set for 5/30/02 at 9:30 in courtroom 1 on all pending motions...Faxed to all cnsl... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 05/09/2002)

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05/09/2002 05/13/2002 05/15/2002 05/21/2002 05/21/2002 05/22/2002 05/22/2002 05/24/2002 05/24/2002 05/28/2002 05/28/2002 06/05/2002
06/17/2002
06/24/2002 06/24/2002

55 MEMORANDUM by EEOC in opposition to [31-1] motion for Partial Summary Judgment by SDI of BR - Hooper R (elp) (Entered: 05/22/2002)
50 NOTICE of Hearing: Motion Hearing set for 6/21/02 for [47-1] motion to Dismiss (elp) (Entered: 05/13/2002)
51 ORDER granting [46-1] motion for Thomas L. Henderson to Appear Pro Hac Vice by Sonic Industries, In ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 05/15/2002)
52 MOTION by EEOC for Leave to File Response to dft's Reply Memo in Support of dft's Motion for Partial SJ (elp) (Entered: 05/22/2002)
Holding EEOC's Response (elp) (Entered: 05/22/2002)
53 ORDER granting [52-1] motion for Leave to File Response to dft's Reply Memo in Support of dft's Motion for Partial SJ by EEOC ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 05/22/2002)
54 Response by EEOC to [43-1] response reply by SDI of BR - Hooper R (elp) (Entered: 05/22/2002)
56 MOTION by SDI of BR - Hooper R for Leave to File Sur Reply Memo in Support of Motion for Partial Summary Judgment (elp) (Entered: 05/28/2002)
Holding Sur Reply (elp) (Entered: 05/28/2002)
57 ORDER granting [56-1] motion for Leave to File Sur Reply Memo in Support of Motion for Partial Summary Judgment by SDI of BR - Hooper R ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 05/28/2002)
58 Supplemental Memo by SDI of BR - Hooper R in support of [31-1] motion for Partial Summary Judgment by SDI of BR - Hooper R (elp) (Entered: 05/28/2002)
59 RULING granting [47-1] motion to Dismiss by Sonic Industries, In, granting [44-1] motion to Dismiss Pursuant to Rule 12(B)(6)... by intervenor-defs granting [28-1] motion to Dismiss Pursuant to Rule 12(B)(6) by SDI of BR - Hooper R...without prejudice to these claims proceeding in state court..... granting [31-1] motion for Partial Summary Judgment by SDI of BR - Hooper R...cnsl is requested to notify the court by letter as to what claims, if any, remain viable in this action... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 06/05/2002)
60 Minute entry: Oral argument held 5/30/02...the parties present argument on dft's motions to dismiss and for partial summary judgment...exhibits filed...the court takes the matter under advisement and will issue a ruling shortly... ( signed by Judge James J. Brady ) (elp) (Entered: 06/17/2002)
Scheduling conference held (elp) (Entered: 06/24/2002)
61 ORDER...status cnf held 6/24/02...the parties informed the Court that they will be discussing possible settlement of this matter... set Status Conference for 11:15 8/2/02 ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 06/24/2002)

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07/01/2002 07/01/2002 07/24/2002 07/25/2002
08/02/2002
08/02/2002 08/02/2002
08/05/2002 08/05/2002 08/15/2002

62 MOTION by Sonic Industries, In for Rule 54(b) Judgment ( Motion Hearing set for 8/2/02 ) (elp) (Entered: 07/02/2002)
63 MEMORANDUM by Sonic Industries, In in support of [62-1] motion for Rule 54(b) Judgment by Sonic Industries, In (elp) (Entered: 07/02/2002)
64 STATUS REPORT by EEOC (elp) (Entered: 07/25/2002)
65 STATUS REPORT by EEOC, SDI of BR - Hooper R, Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel, Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel, SDI of BR - Hooper R, Charles J Cook Sr, Richard McDaniel, Mark Atkinson, Wendy Atkinson, Charles Theriot, Lisa Theriot, Sonic Industries, In, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, Daniel Naquin, Wesley Bridges, SDI of BR - Hooper R (nlt) (Entered: 07/25/2002)
66 CONSENT to trial by Magistrate by EEOC, SDI of BR - Hooper R, Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel, SDI of BR - Hooper R, Charles J Cook Sr, Richard McDaniel, Mark Atkinson, Wendy Atkinson, Charles Theriot, Lisa Theriot, Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline (elp) (Entered: 08/02/2002)
Status Conference held (elp) (Entered: 08/02/2002)
67 ORDER...status cnf held 8/2/02...the parties will sign a consent to proceed before the MJ set Pretrial Conference for 9:00 6/6/03 , set Jury Trial for 9:00 6/23/03 through 6/27/03 in courtroom 6... , set Amended Pleadings deadline to 8/15/02 , set Discovery deadline to 3/31/03 , set Expert Witness List deadline to 1/17/03 for plas and 1/31/03 for dfts , set Expert reports deadline due by 2/14/03 for Lisa Theriot, for Charles Theriot, for Wendy Atkinson, for Mark Atkinson, for Richard McDaniel, for Charles J Cook Sr, for SDI of BR - Hooper R, for Sarah McDaniel, for Celida McDaniel, for Julia Cook, for Jaime Theriot Cedatol, for Tiffany Atkinson, for EEOC , set Expert reports deadline due by 2/28/03 for Charles Tomajko, for Ann Crosby Kergan, for Theodore W Kergan, for Real Est Ptnrs-H.R., for O.O.C., L.L.C., for SDI of BR - Hooper R , set Experts deposed deadline for 3/31/03 for Charles Tomajko, for Ann Crosby Kergan, for Theodore W Kergan, for Real Est Ptnrs-H.R., for O.O.C., L.L.C., for Lisa Theriot, for Charles Theriot, for Wendy Atkinson, for Mark Atkinson, for Richard McDaniel, for Charles J Cook Sr, for SDI of BR - Hooper R, for Sarah McDaniel, for Celida McDaniel, for Julia Cook, for Jaime Theriot Cedatol, for Tiffany Atkinson, for EEOC , mfilingddl. set Dispositive Motion Filing deadline to 4/30/03 ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 08/02/2002)
68 ORDER...the foregoing matter is referred to the USMJ for the conduct of all further proceedings and the entry of judgment... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 08/05/2002)
CASE reassigned to Mag. Judge Christine Noland (elp) (Entered: 08/05/2002)
69 MOTION by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel for Leave to File Second Supplemental and

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08/15/2002 08/16/2002
08/16/2002 08/28/2002 08/28/2002 09/19/2002 09/19/2002 09/24/2002
10/22/2002 10/25/2002 11/13/2002 11/27/2002 02/21/2003 02/21/2003 02/21/2003

Amending Complaint to Add Additional dfts, Remove Sonic Industries, Inc. as a dft and Remove State Law Claims (elp) (Entered: 08/15/2002)
HOlding Supp Comp (elp) (Entered: 08/15/2002)
70 ORDER granting [69-1] motion for Leave to File Second Supplemental and Amending Complaint to Add Additional dfts, Remove Sonic Industries, Inc. as a dft and Remove State Law Claims by Sarah McDaniel, Celida McDaniel, Julia Cook, Jaime Theriot Cedatol, Tiffany Atkinson ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 08/16/2002)
71 AMENDED intervenor's COMPLAINT by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel : amending [11-1] intervenor complaint (elp) (Entered: 08/16/2002)
72 ORDER granting [62-1] motion for Rule 54(b) Judgment by Sonic Industries, In ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 08/28/2002)
73 JUDGMENT for Sonic Industries, Inc. dismissing Intervenors' suit at their costs... ( signed by Mag. Judge Christine Noland ) (elp) (Entered: 08/28/2002)
74 WAIVER of SERVICE Returned Executed as to Wausau Business Ins 9/12/02 Answer due on 11/11/02 for Wausau Business Ins (elp) (Entered: 09/20/2002)
75 WAIVER of SERVICE Returned Executed as to Hartford Ins Co 9/12/02 Answer due on 11/11/02 for Hartford Ins Co (elp) (Entered: 09/20/2002)
76 ANSWER by SDI of BR - Hooper R, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei to [71-1] intervenor complaint by Sarah McDaniel, Celida McDaniel, Julia Cook, Jaime Theriot Cedatol, Tiffany Atkinson (elp) (Entered: 09/24/2002)
77 ANSWER by Kergan Bros Inc to [71-1] second supplemental and amending intervenor complaint by Sarah McDaniel, Celida McDaniel, Julia Cook, Jaime Theriot Cedatol, Tiffany Atkinson (elp) (Entered: 10/22/2002)
78 WAIVER of SERVICE Returned Executed as to Kergan Bros Inc 9/12/02 Answer due on 11/11/02 for Kergan Bros Inc (elp) (Entered: 10/25/2002)
79 ANSWER by Hartford Ins Co to [71-1] amended intervenor complaint by Sarah McDaniel, Celida McDaniel, Julia Cook, Jaime Theriot Cedatol, Tiffany Atkinson (elp) (Entered: 11/13/2002)
80 ANSWER to Complaint by Wausau Business Ins (Attorney Charles A. Schutte Jr.),; jury demand (elp) (Entered: 11/27/2002)
81 MOTION by Hartford Ins Co (Attorney Elizabeth Smyth Sirgo) for Summary Judgment (dcap) (Entered: 02/21/2003)
82 Statement of Facts by Hartford Ins Co . (dcap) (Entered: 02/21/2003)
83 MEMORANDUM by Hartford Ins Co in support of [82-1] facts by Hartford Ins Co, [81-1] motion for Summary Judgment by Hartford Ins Co (dcap) (Entered:

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02/21/2003 02/21/2003 02/28/2003
03/04/2003 03/10/2003
03/11/2003 04/10/2003 04/10/2003 04/10/2003 04/10/2003 04/30/2003
04/30/2003
04/30/2003

02/21/2003)
84 MOTION by Hartford Ins Co for oral argument on Motion for SJ (dcap) (Entered: 02/21/2003)
85 EXHIBIT(S) to [83-1] support memorandum by Hartford Ins Co (dcap) (Entered: 02/21/2003)
86 MOTION by SDI of BR - Hooper R, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei (Attorney ) to Extend Deadline for Expert Report (elp) (Entered: 03/03/2003)
87 ORDER granting [86-1] motion to Extend Deadline for Expert Report by defendants...deadline to submit their expert report is 3/5/03... ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 03/04/2003)
88 JOINT MOTION by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel, Charles J Cook Sr, Richard McDaniel, Mark Atkinson, Wendy Atkinson, Charles Theriot, Lisa Theriot, Hartford Ins Co to Dismiss claims by plas in intervention against Hartford, with prejudice... (elp) (Entered: 03/10/2003)
89 ORDER granting [88-1] joint motion to Dismiss claims by plas in intervention against Hartford, with prejudice... ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 03/11/2003)
90 MOTION by Wausau Business Ins for Summary Judgment (elp) (Entered: 04/10/2003)
91 Statement of Facts by Wausau Business Ins . (elp) (Entered: 04/10/2003)
92 MEMORANDUM by Wausau Business Ins in support of [90-1] motion for Summary Judgment by Wausau Business Ins (elp) (Entered: 04/10/2003)
93 EXHIBIT(S) to [92-1] support memorandum by Wausau Business Ins (elp) (Entered: 04/10/2003)
94 MOTION by O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, SDI of BR - Hooper R for Partial Summary Judgment (elp) (Entered: 04/30/2003)
95 Statement of Facts by O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, SDI of BR - Hooper R . (elp) (Entered: 04/30/2003)
96 MOTION by O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, SDI of BR - Hooper R for Leave to File Memo in Excess of Page Limit (elp) (Entered: 04/30/2003)

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04/30/2003 04/30/2003
04/30/2003
04/30/2003
04/30/2003 05/01/2003 05/05/2003 05/09/2003 05/09/2003
05/09/2003 05/13/2003 05/13/2003 05/13/2003

Holding Memo in Support of Motion for Partial SJ (elp) (Entered: 04/30/2003)
97 MOTION by SDI of BR - Hooper R, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, Kergan Bros Inc for Partial Summary Judgment , and/or in Limine (elp) (Entered: 04/30/2003)
98 Statement of Facts by SDI of BR - Hooper R, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, Kergan Bros Inc . (elp) (Entered: 04/30/2003)
99 MEMORANDUM by SDI of BR - Hooper R, O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, Kergan Bros Inc in support of [97-1] motion for Partial Summary Judgment by intervenor-defendssssssssssss, defendant, [97-2] motion in Limine by intervenor-defendssssssssssss, defendant (elp) (Entered: 04/30/2003)
100 EXHIBIT(S) to [99-1] support memorandum by intervenor-defendssssssssssss, defendant (elp) (Entered: 04/30/2003)
101 ORDER...the pretrial cnf set for 6/6/03 and the jury trial set for 6/23/03 are hereby Cancelled... terminated deadlines ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 05/01/2003)
102 ORDER vacating [101-2] order... reset Pretrial Conference for 9:00 6/6/03 , and reset Jury Trial for 9:00 6/23/03 through 6/27/03 ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 05/05/2003)
103 MOTION by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel for Partial Judgment of Dismissal (nlt) (Entered: 05/09/2003)
104 MOTION by O.O.C., L.L.C., Real Est Ptnrs-H.R., Theodore W Kergan, Ann Crosby Kergan, Charles Tomajko, S.D.I. OF BR-Airline, Real Est Ptnrs-Airli, S.D.I. OF BR-PERKINS, Real Est Ptnrs-Perki, S.D.I. OF BR-O'Neil, Real Est Ptnrs-O'Nei, SDI of BR - Hooper R for Leave to File Original Affidavits (elp) (Entered: 05/12/2003)
Holding Original Affidavits (elp) (Entered: 05/12/2003)
105 JUDGMENT granting [103-1] motion for Partial Judgment of Dismissal by Sarah McDaniel, Celida McDaniel, Julia Cook, Jaime Theriot Cedatol, Tiffany Atkinson...as to Wausau Underwriters Insurance only, without prejudice... ( signed by Mag. Judge Christine Noland ) (elp) (Entered: 05/13/2003)
106 ORDER granting [104-1] motion for Leave to File Original Affidavits ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 05/13/2003)
107 EXHIBIT(S) to [94-1] motion for Partial Summary Judgment (elp) (Entered: 05/13/2003)

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05/16/2003 05/19/2003
05/28/2003 07/30/2003 08/14/2003 08/18/2003
08/24/2004 06/14/2005

108 MOTION by Tiffany Atkinson, Jaime Theriot Cedatol, Julia Cook, Celida McDaniel, Sarah McDaniel to Dismiss Claims of Intervenors (elp) (Entered: 05/16/2003)
109 ORDER granting [108-1] motion to Dismiss Claims of Intervenors by Sarah McDaniel, Celida McDaniel, Julia Cook, Jaime Theriot Cedatol, Tiffany Atkinson ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 05/19/2003)
110 This action is dismissed without prejudice to the right to reopen w/in 60 days if settlement is not consummated ( signed by Mag. Judge Christine Noland ) (elp) (Entered: 05/28/2003)
111 ORDER...the date by which the Joint Motion for Dismissal shall be filed is hereby extended to 8/29/03... ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 07/30/2003)
112 JOINT MOTION by EEOC, SDI of BR - Hooper R to Approve and Enter Consent Decree (elp) (Entered: 08/15/2003)
113 ORDER granting [112-1] joint motion to Approve and Enter Consent Decree by SDI of BR - Hooper R, EEOC...Consent Decree entered as stated herein... ( signed by Mag. Judge Christine Noland ), issued notices. (elp) (Entered: 08/18/2003)
114 NOTICE of Certification of Compliance by SDI of BR - Hooper R (dcb) (Entered: 08/24/2004)
115 NOTICE of Certification of Compliance by SDI of B.R. - Hooper Road, LLC (DCB, ) (Entered: 06/15/2005)

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