Case 4:03-cv-00752-WRW Document 1 Filed 09/16/2003 Page 1 of 6

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IN THE UNITED STATES DISTRICT COURT EAST~is ' .. FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

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~~:MES W. McCORMACK, CLERK

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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DEP CLERK

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Plaintiff, v.
MJL OF CABOT, INC. d/b/a MCDONALD'S OF CABOT
Defendant.

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CIVIL ACTION NO

)

)

COMPLAINT

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JURy TRIAL DEMAND

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NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices and to provide appropriate relief to Jennifer McKinney and a class offemale employees who have been adversely affected by such practices. Jennifer McKinney and other female employees were discriminated against by Defendant by being subjected to sexual discrimination and sexual harassment.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§451, 1331, 1337, 1343, and 1345. This is an action authorized and instituted pursuant to §706(f)(1) and (3) and §706 and §707 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e, et seq. ("Title VII"). 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Eastem District of Arkansas,

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Case 4:03-cv-00752-WRW Document 1 Filed 09/16/2003 Page 2 of 6
•

Western Division.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an

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 §706(f)(I) and (3) and

§707 ofTitle VII, 42 U.S.C. §2000-S(f)(I) and (3), and 42 U.S.C. §2000-6.

4. At all relevant times, Defendant, MJL of Cabot, Inc. d/b/a McDonald's of Cabot

("Defendant Empioyer"), was a corporation doing business in the State of Arkansas and the City of

Cabot and has continuously had at least fifteen (15) employees. Defendant Employer operates

several restaurants in Arkansas as a franchisee of McDonald's Corporation. Defendant Employer

operates several restaurants in Arkansas in conjunction with Stomanco, Inc.

5. At all relevant times, Defendant Employer has continuously been and is now an

employer engaged in an industry affecting commerce within the meaning of §701(b), (g), and (h) of

Title VII, 42 U.S.C. §2000e(b), (g), and (h).

STATEMENT OF CLAIMS

6. More than thirty (30) days prior to the institution ofthis lawsuit, Jennifer McKinney

filed a charge ofdiscrimination with the Commission alleging violations ofTitle VII by Defendant.

During the course of the investigation, allegations of sexual harassment directed towards other

female employees were discovered. All conditions precedent to the institution ofthis lawsuit have

been fulfilled.

7.

From on or around December 1,2001, and continuing, Defendant Employer has

engaged in unlawful employment practices at its facility in Cabot, Arkansas, in violation of

2

Case 4:03-cv-00752-WRW Document 1 Filed 09/16/2003 Page 3 of 6
§703(a) of Title VII, as amended, 42 U.S.C. §2000e-2(a). The unlawful practices include, but are not limited to, discrimination against Jennifer McKinney and other female employees on the basis of their sex in the form of subjecting Ms. McKinney and other female employees to sexual harassment. Defendant failed to take prompt remedial action to protect Ms. McKinney and other female employees from the sexual harassment in the workplace.
8. The sexual harassment in the workplace included, but was not limited to, graphic sexual comments, sexual overtures, physical touching of a sexual nature, and other sexual behavior directed towards Jennifer McKinney and other female employees by a management employee. The conduct was offensive, unwelcome, and pervasive in nature.
9. Female employees complained to supervisory employees about sexual harassment in the workplace. Defendant failed to take appropriate action in response to these complaints to protect its female employees from being subjected to a sexually hostile work environment. Ms. McKinney also put McDonald's Corporation on notice of the allegations of sexual harassment.
10. The effect of the practices complained of above has been to deprive Jennifer McKinney and other female employees of equal employment opportunities and otherwise adversely affect their status as employees.
II. The unlawful employment practices complained of above were and are intentional.
12. Defendant Employer at all relevant times acted with malice or reckless indifference to the federally protected rights of Jennifer McKinney and other female employees.
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Case 4:03-cv-00752-WRW Document 1 Filed 09/16/2003 Page 4 of 6
PRAYER FOR RELIEF
WHERF,FORE, the Commission respectfully prays that this Court: A. Grant a permanent injunction enjoining the Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex under Title VII of the Civil Rights Act of 1964, as amended. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities which eradicate the effects of its past and present unlawful employment patterns and practices. C. Order Defendant Employer to make whole Jennifer McKinney and other female employees who were subjected to Defendant's patterns and practices of sex discrimination and sexual harassmen.. and provide other affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Jennifer McKinney and other female employees who were subjected to Defendant's patterns and practices of sex discrimination and sexual harassment by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described above, including medical expenses, in amounts to be determined at trial. E. Order Defendant Employer to make whole Jennifer McKinney and other female employees who were SUbjected to Defendant's patterns and practices of sex discrimination and sexual harassment by providing compensation for past and future non pecuniary losses resulting from the unlawful practices complained of above, including emotional pain, suffering,
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Case 4:03-cv-00752-WRW Document 1 Filed 09/16/2003 Page 5 of 6 embarrassment, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be detennined at trial.
F. Order Defendant Employer to pay Jennifer McKinney and other female employees who were subjected to Defendant's patterns and practices of sex discrimination and sexual harassment punitive damages for its malicious and/or reckless conduct, in an amount to be detennined at trial.
o. Grant such further relief as the Coun deems necessary and proper.
H. Award the Commission its costs in this action.
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Case 4:03-cv-00752-WRW Document 1 Filed 09/16/2003 Page 6 of 6
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Complaint.
ERIC S. DREIBAND General Counsel JAMESL.LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
.:1. hl/~ W~
. TERRY BECK I
rial Attorney
F~~I ~ w k J PAMELA B. DIx6N Trial Attorney AR# 95085 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 425 W. Capitol, Suite 625 Little Rock, Arkansas 72201 Telephone: (501) 324-5539 (501) 324-5065
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 FILED
u.s. DISTRICT COURT
EASTERN DISTRICT ARKANSAS

IN THE UNITED STATES DISTRICT COURT

DEC 162004

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

.

JA~ES~CL*

By. 7

D=~LE K

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

CIVIL ACTION NO.

)

4:03cv00752VV1tVV

)

v.

)

)

)

MJL OF CABOT, INC. d/b/a

)

MCDONALD'S OF CABOT

)

)

)

Defendant.

CONSENT DECREE

This action was instituted by the Equal Employment Opportunity Commission

(hereinafter the "Commission") against the Defendant, MJL of Cabot, Inc. d/b/a McDonald's of
Cabot (hereinafter "Defendant), to enforce the provisions of Title vn of the Civil Rights Act of

1964, as amended, 42 V.S.c. § 2000e et seq. (Title Vll), and the Civil Rights Act of 1991,42

U.S.C. §1981 a, and to remedy unlawful practices alleged in the Complaint filed in this action.

In the event this proposed Consent Decree is not approved or does not become final, then

it shall not be admissible in evidence in any subsequent proceeding in this action. This Decree

shall not be admissible in any other civil actions other than actions arising out of the rights and

obligations of the parties under this Decree. Defendant denies taking any action that constitutes

a violation of Title VII of the Civil Rights Act of 1964, as amended, including but not limited to

employees being SUbjected to a sexually hostile work environment and the parties agree that entry

into this Consent Decree does not constitute a direct or indirect admission of guilt by Defendant.

,. , ,.
However, all parties to this action desire to avoid the additional expense and delay in the litigation of this case.
The Court has reviewed the tenns of the proposed Consent Decree in light of the applicable laws and regulations and the statements of counsel for all parties and hereby approves the Consent Decree.
NOW, THEREFORE, the Court being fully advised in the premises, it is hereby ORDERED, ADJUDGED AND DECREED:
I. JURISDICTION The United States District Court for the Eastern District of Arkansas, Western Division, has jurisdiction over the parties and subject matter ofthis litigation.
II. SCOPE AND DURATION OF DECREE A. This Consent Decree resolves all issues and claims arising out of the Commission's Complaint in this cause alleging unlawful employment policies and practices maintained by the Defendant and arising out of Charge No. 251-2002-01074 filed by Charging Party Jennifer McKinney with the Commission. Notwithstanding any provisions contained in this Decree, this Agreement shall not be considered in any manner to be dispositive of any charge now pending before any office ofthe Commission other than Charge No. 251-2002-01074. B. The provisions of this Consent Decree shall continue to be effective and binding upon the parties to this action for a period of two years from the date of the entry ofthis Decree, with the exception of Section VI E (neutral reference) which shall be in effect pennanently.
III. NON-DISCRIMINATION PROVISION A. The Defendant, its officers, agents, employees, and all persons acting in concert
2

with the Defendant agree that they will not engage in any employment practice which has the purpose or effect of discriminating against any employee because of sex. Defendant will refrain from permitting its employees to be subjected to a sexually hostile work environment.
B. Defendant, its officers, agents, employees, and all persons acting in concert with the Defendant agree that they will not retaliate against any employee for opposing discriminatory employment practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended.
C. Defendant agrees to train its non-management employees, supervisors, and
vn managers at the Cabot I facility in the requirements of Title of the Civil Rights Act of 1964,
as amended, regarding the prevention of sexual harassment and retaliation. This training session will be conducted within sixty (60) days of the entry of this Decree. A list of the employees that attend the training session, a copy ofthe syllabus, and a copy ofthe training materials will be provided to EEOC within thirty (30) days of the training session.
D. Defendant will provide a copy of its sexual harassment policy to all of its employees at the Cabot McDonald's facility within thirty (30) days ofthe entry ofthis Decree.
E. Defendant agrees that all reports of sexual harassment will be conveyed to its Human Resources Manager as soon as practicable.
F. Defendant agrees that it will place a letter in the personnel file of Al Klein indicating that he is not eligible for rehire by Defendant.
IV. NON-RETALIATION PROVISION Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure against Jennifer McKinney or any employee for
3

opposing practices made unlawful under Title Vll of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the EEOC, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing under Title Vll of the Civil Rights Act of 1964, as amended.
V. NOTICE
n, Defendant shall conspicuously post at its Cabot, Arkansas (Cabot location the notice
(poster) required to be posted by Title Vll of the Civil Rights Act of 1964, as amended. Furthermore, Defendant shall conspicuously post the notice at Appendix A of this Decree in its break room in Cabot, Arkansas, for a six month period commencing within ten (10) days after entry of this Decree by the Court.
VI. REPORTING In addition to the report required by Paragraph ill.C., Defendant will provide two reports, pertaining to its Cabot I location, to the EEOC. The first report will be submitted at twelve (12) months from the entry of the Decree. The second and final report will be submitted within twenty-three (23) months from the entry of the Decree. Each report will describe any complaints of alleged sexual harassment at the Cabot McDonald's facility (Cabot I). The report will include a description of the investigation conducted by the Defendant in response to each complaint and indicate how the complaint was resolved. Each report will also describe Defendant's efforts at training and orientation of newly hired supervisors, managers, and hourly employees in the requirements of Title Vll.
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, '
VII. INDIVIDUAL RELIEF
A. Defendant agrees to expunge the personnel records of any female receiving
monetary relief in this Decree of any potentially unfavorable or adverse personnel comments
regarding any aspect of her employment with Defendant that were made by Al Klein or at his
direction during the time Al Klein was employed with Defendant. Defendant shall expunge from
these employment records any reference to the litigation of the matter.
B. Defendant shall deliver a cashier's check or business check to the following:
1. Payable to "Jennifer McKinney" in the amount of$50,000 Jennifer McKinney 401 North Waco Avenue, Apt. I-I Russellville, Arkansas 72801
2. Payable to "Cortney Skidmore" in the amount of $11,000 Cortney Skidmore 610 Hemphill Rd. Sherwood, AR 72120
3. Payable to "Nicole Carlisle" in the amount of$16,000 Nicole Carlisle 100 Ohio Circle Jacksonville, AR 72076
4. Payable to "Brandi Davis" in the amount of $25,000 Brandi Davis 41 Francis Street Cabot, AR 72023
5. Payable to "Erin Baker" in the amount of $25,000 Erin Baker 14036 Highway 49 South Brinkley, AR 72021
6. Payable to "Teah Bidwell" in the amount of$16,000 Teah Bidwell 6352 Abilene Fayetteville, Arkansas 72704
5 .

· "
7. Payable to "Amanda Hunter" in the amount of $11 ,000 Amanda Hunter 36 McArthur Drive Cabot, AR 72023
8. Payable to "Jennifer McGehee" in the amount of $25,000 Jennifer McGehee 17 Timberwood Cabot, Arkansas 72023
9. Payable to "Sarah Rouse" in the amount of$II,OOO Sarah Rouse 12 Mills Cove Cabot, Arkansas 72023
The checks should be mailed to the above referenced addresses within thirty (30) days after entry of this Decree by the Court.
C. Defendant shall forward a copy of all ofthe check(s) to William A. Cash Jr. at the EEOC Office in Little Rock, Arkansas.
D. Defendant agrees to give a neutral reference to any potential employers of Jennifer McKinney who request a job reference. Likewise, the Defendant agrees to give a neutral reference to any potential employers of any of the females who received monetary relief in this Decree. The agreement by Defendant to provide a neutral reference for the females receiving monetary relief applies to their employment through the date of entry ofthe consent decree. Any such neutral reference shall be identical to the form demonstrated in Appendix B. No mention of Ms. McKinney's charge of discrimination or this lawsuit will be made as part of the neutral reference.
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t'

VIII. COSTS Plaintiff EEOC and Defendant shall bear their own costs, including attorneys' fees.

O~ SO ORDERED THISlJ//iy

2004.

UNITE
THIS DOCUMENT ENTERED ON
DOCKET SHEET IN COMPUANC~
O~lmi~frV~~O~~

7

COUNSEL FOR PLAINTIFF
ERIC S. DREIBAND General Counsel
JAMES LEE Deputy General Counsel

I On beha
SCOTT

lf ofMJL 0 MCLAUG

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abot, LIN;

\IOn,£cA\I..\.~'~S~c~..o,.G.0i:4>~u~'-h"I?<,1-.",$)

Seyfarth Shaw, LLP

700 Louisiana Street, Ste. 3850

Houston, TX 77002-2731 .

KATHARINE W. 0
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TERRY BECK I
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SOOiIl20t~_
PAMELA B. DIXON Senior Trial Attorney
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Little Rock Area Office 820 Louisiana, Suite 200 Little Rock, Arkansas 7220 I Telephone: (SOl) 324-5539
(SOl) 324-5065
8

APPENDIX A NOTICE
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NOTICE 1. MJL of Cabot Inc. d/b/a McDonald's of Cabot has agreed to post this notice for six
months to reinforce the company's policies concerning its commitment to providing a work environment free from sexual discrimination and sexual harassment. 2. MJL of Cabot Inc. d/b/a McDonald's of Cabot affirms its commitment to provide a work place that is free from discrimination. 3. MJL of Cabot Inc. d/b/a McDonald's of Cabot supports and will comply with such Federal laws in all respects. MJL of Cabot Inc. d/b/a McDonald's of Cabot will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission and/or testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under Title VII.
DATE
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APPENDIXB NEUTRAL REFERENCE
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· .

Dear ________

This letter is in reference to your request for infonnation regarding the employment of Jennifer McKinney at MJL of Cabot Inc. d/b/a McDonald's of Cabot.

Ms. McKinney worked at MJL of Cabot Inc. d/b/a McDonald's of Cabot. from

_________ through

Company policy does not pennit us to give out

any more infonnation concerning Ms. McKinney's employment.

I am sure Ms. McKinney can provide you with the details concerning her tenure at MJL of Cabot Inc. d/b/a McDonald's of Cabot. I hope this infonnation is helpful and that it satisfactorily answers your inquiry.

Very truly yours,

MJL OF CABOT INC. D/B/A MCDONALD'S OF CABOT

12

bm UNITED STATES DISTRICT COURT Eastern District of Arkansas
U.S. Court House 600 West Capitol, Suite 402 Little Rock, Arkansas 72201-3325
December 16, 2004
* * MAILING CERTIFICATE OF CLERK * *
Re: 4:03-cv-00752.
True and correct copies of the attached were mailed by the clerk to the following:
Terry Beck, Esq. Equal Employment Opportunity Commission 1407 Union Avenue Suite 621 Memphis, TN 38104
William A. Cash Jr., Esq. Equal Employment Opportunity Commission 820 Louisiana Street Suite 200 Little Rock, AR 72201
Pamela B. Dixon, Esq. Equal Employment Opportunity Commission 820 Louisiana Street Suite 200 Little Rock, AR 72201
Bettina E. Brownstein, Esq. Wright, Lindsey & Jennings 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201-3699
Regina Ann Spaulding, Esq. Wright, Lindsey & Jennings 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201-3699
Gerald L. Maatman Jr., Esq. Seyfarth Shaw LLP 55 East Monroe Street Suite 4200 Chicago, IL 60603-5803

Yvette Heintzelman, Esq. Seyfarth Shaw LLP 55 East Monroe Street Suite 4200 Chicago, IL 60603-5803
Scott Lemond, Esq. Haynes & Boone, LLP 1000 Louisiana Street Suite 4300 Houston, TX 77002-5019
Scott R. McLaughlin, Esq. Seyfarth Shaw 700 Louisiana Street Suite 3850 Houston, TX 77002-2731
Anouchka Oppinger, Esq. Seyfarth Shaw 700 Louisiana Street Suite 3850 Houston, TX 77002-2731
Date:

James W. McCormack, Clerk BY:

 
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DISC, JFF, PROTO, TERMED
U.S. District Court Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 4:03-cv-00752-WRW

EEOC v. MJL of Cabot Inc Assigned to: Judge William R. Wilson, Jr Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/16/2003 Date Terminated: 11/17/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Pamela B. Dixon Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5065 Email: pamela.dixon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Beck Equal Employment Opportunity Commission - Memphis 1407 Union Avenue Suite 621 Memphis, TN 38104 (901) 544-0138 Email: terry.beck@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A. Cash, Jr. Equal Employment Opportunity Commission - Little Rock 820 Louisiana Street Suite 200 Little Rock, AR 72201 (501) 324-5539 Email: william.cash@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

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Defendant MJL of Cabot Inc doing business as McDonald's of Cabot
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represented by Anouchka Oppinger Seyfarth Shaw - Houston 700 Louisiana Street Suite 3850 Houston, TX 77002-2731 (713) 225-2300 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bettina E. Brownstein Wright, Lindsey & Jennings - Little Rock 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201-3699 (501) 212-1288 Email: bbrownstein@wlj.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gerald L. Maatman, Jr. Seyfarth Shaw LLP - Chicago 131 South Dearborn Street Suite 2400 Chicago, IL 60603-5577 (312) 346-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Regina Ann Young Wright, Lindsey & Jennings - Little Rock 200 West Capitol Avenue Suite 2300 Little Rock, AR 72201-3699 (501) 212-1235 Email: ryoung@wlj.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott Lemond Haynes and Boone, LLP - Houston One Houston Center 1221 McKinney Street Suite 2100 Houston, TX 77010-2007 (713) 547-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott R. McLaughlin
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Seyfarth Shaw - Houston 700 Louisiana Street Suite 3850 Houston, TX 77002-2731 (713) 225-2300 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Yvette Heintzelman Seyfarth Shaw LLP - Chicago 131 South Dearborn Street Suite 2400 Chicago, IL 60603-5577 (312) 346-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/16/2003 09/16/2003 09/29/2003 11/17/2003 11/19/2003
11/19/2003
11/20/2003
11/24/2003 02/03/2004 02/05/2004
02/09/2004

#

Docket Text

1 COMPLAINT with jury demand; summons not issued (bmt) Modified on 09/16/2003 (Entered: 09/16/2003)
2 MEMO TO FILE: regarding service of summons (bmt) (Entered: 09/16/2003)
3 WAIVER OF SERVICE OF SUMMONS upon defendant MJL of Cabot Inc on 9/17/03 (bsm) Modified on 10/01/2003 (Entered: 09/30/2003)
4 ANSWER to the Complaint by defendant (bsm) (Entered: 11/18/2003)
5 INITIAL SCHEDULING ORDER (DOC) Rule 26(f) Conference set 1/26/04; Rule 26(f) Report due 2/9/04; Jury trial set for 9:00 a.m. 12/7/04 in Little Rock; Rule 16(b) Conference set 2/16/04 (cc: all counsel) (maj) (Entered: 11/19/2003)
6 MOTION by Bettina Brownstein, counsel for defendant for attorneys Gerald L. Maatman, Jr., Yvette Heintzelman and Scott Lemond to appear pro hac vice (bsm) (Entered: 11/20/2003)
7 ORDER by Judge William R. Wilson granting motion for attorneys Gerald L. Maatman, Jr., Yvette Heintzelman and Scott Lemond to appear pro hac vice for deft [6-1] (cc: all counsel) (bsm) (Entered: 11/21/2003)
8 RESPONSE by plaintiff to deft's application for pro hac vice admission (bsm) (Entered: 11/25/2003)
9 MOTION by counsel for defendant for attorney Scott R. McLaughlin to appear pro hac vice (bsm) (Entered: 02/04/2004)
10 ORDER by Judge William R. Wilson granting motion for attorney Scott R. McLaughlin to appear pro hac vice for deft [9-1] (cc: all counsel) (bsm) (Entered: 02/06/2004)
11 RULE 26(f) REPORT by parties (bsm) (Entered: 02/10/2004)

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02/17/2004 03/25/2004
09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004

12 FINAL SCHEDULING ORDER (DOC) jury trial set for 9:00 12/7/04 in Little Rock, AR before Judge William R. Wilson; discovery due 9/10/04; pretrial info sheet due 11/8/04 (cc: all counsel) (bsm) (Entered: 02/18/2004)
13 AGREED PROTECTIVE ORDER by Judge William R. Wilson: deft and its counsel agree to treat any personnel or medical documents regarding charging party or any class members, that deft and/or its counsel obtains from the EEOC as part of pltf's Initial Disclosure and/or in response to deft's disc requests as confidential as set out in the terms of this Order; nothing in this Order shall waive or modify any past, present or future duty as to confidentiality, if any, which may arise independently whether by contract or otherwise; nothing in this Order shall preclude a party from seeking modification of this Order (cc: all counsel) (bsm) (Entered: 03/26/2004)
14 MOTION by defendant for summary judgment on pltf's claims on behalf of Sarah Baggett Rouse (bsm) (Entered: 09/20/2004)
15 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Sarah Baggett Rouse [14-1] (bsm) (Entered: 09/20/2004)
16 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Sarah Baggett Rouse [14-1] (bsm) (Entered: 09/20/2004)
17 MOTION by defendant for summary judgment on pltf's claims on behalf of Teah Bidwell (bsm) (Entered: 09/20/2004)
18 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Teah Bidwell [17-1] (bsm) (Entered: 09/20/2004)
19 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Teah Bidwell [17-1] (bsm) (Entered: 09/20/2004)
20 MOTION by defendant for summary judgment on pltf's claims on behalf of Nichole Hastings (bsm) (Entered: 09/20/2004)
21 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Nichole Hastings [20-1] (bsm) (Entered: 09/20/2004)
22 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Nichole Hastings [20-1] (bsm) (Entered: 09/20/2004)
23 MOTION by defendant for summary judgment on pltf's claims on behalf of Brady Davis (bsm) (Entered: 09/20/2004)
24 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Brady Davis [23-1] (bsm) (Entered: 09/20/2004)
25 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Brady Davis [23-1] (bsm) (Entered: 09/20/2004)
26 MOTION by defendant for summary judgment on pltf's claims on behalf of Jennifer McKinney (bsm) (Entered: 09/20/2004)
27 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Jennifer McKinney [26-1] (bsm) (Entered: 09/20/2004)

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09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004
09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/17/2004 09/21/2004 09/27/2004
10/01/2004 10/04/2004 10/06/2004

28 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Jennifer McKinney [26-1] (bsm) (Entered: 09/20/2004)
29 MOTION by defendant for summary judgment on pltf's claims on behalf of Amanda Hunter (bsm) (Entered: 09/20/2004)
30 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Amanda Hunter [29-1] (bsm) (Entered: 09/20/2004)
31 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Amanda Hunter [29-1] (bsm) (Entered: 09/20/2004)
32 MOTION by defendant for summary judgment on pltf's claims on behalf of Erin Corbitt Baker (bsm) Modified on 09/21/2004 (Entered: 09/20/2004)
33 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Erin Corbitt Baker [32-1] (bsm) Modified on 09/21/2004 (Entered: 09/20/2004)
34 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Erin Corbitt Baker [32-1] (bsm) (Entered: 09/20/2004)
35 MOTION by defendant for summary judgment on pltf's claims on behalf of Cortney Skidmore (bsm) (Entered: 09/20/2004)
36 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Cortney Skidmore [35-1] (bsm) (Entered: 09/20/2004)
37 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Cortney Skidmore [35-1] (bsm) (Entered: 09/20/2004)
38 MOTION by defendant for summary judgment on pltf's claims on behalf of Jennifer McGehee (bsm) (Entered: 09/20/2004)
39 BRIEF by defendant in support of motion for summary judgment on pltf's claims on behalf of Jennifer McGehee [38-1] (bsm) (Entered: 09/20/2004)
40 STATEMENT OF UNDISPUTED MATERIAL FACTS by defendant regarding Jennifer McGehee [38-1] (bsm) (Entered: 09/20/2004)
41 MOTION by plaintiff to extend time to respond to deft's motions for summary judgment (bsm) Modified on 09/28/2004 (Entered: 09/22/2004)
42 ORDER by Judge William R. Wilson granting pltf's motion to extend time until 10/15/04 to respond to deft's motions for summary judgment [41-1] [38-1] [35-1] [32-1] [29-1] [26-1] [23-1] [20-1] [17-1] [14-1] (cc: all counsel) (bsm) (Entered: 09/28/2004)
43 MOTION by defendant to continue the pretrial deadlines , and to continue trial (bsm) (Entered: 10/04/2004)
44 JOINT MOTION by parties for a settlement conference (vjt) (Entered: 10/06/2004)
45 RESPONSE by plaintiff to motion to continue the pretrial deadlines [43-1] and trial [43-2] (bsm) (Entered: 10/07/2004)

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10/07/2004
10/08/2004
10/15/2004 10/15/2004 10/15/2004 10/18/2004
10/22/2004 10/22/2004 10/29/2004
11/04/2004 11/08/2004 11/08/2004 11/08/2004 11/09/2004

46 ORDER by Judge William R. Wilson granting joint motion for a settlement conference [44-1]; case is referred to Magistrate Judge John F. Forster, Jr. for a Settlement Conference which will be set by the Magistrate and his staff; matter set for jury trial before Judge William R. Wilson on 12/7/04 (cc: all counsel) (bsm) (Entered: 10/08/2004)
47 ORDER by Judge William R. Wilson denying deft's motion to continue the pretrial deadlines [43-1] and trial [43-2]; deft will have up to and including 10/22/04 to file its reply to pltf's response to the motion for summary judgment (cc: all counsel) (bsm) (Entered: 10/08/2004)
48 RESPONSE by plaintiff to deft's motions for summary judgment [38-1] [35-1] [32-1] [29-1] [26-1] [23-1] [20-1] [17-1] [14-1] (rjh) (Entered: 10/18/2004)
49 BRIEF by plaintiff in response to deft's motions for summary judgment [48-1] (rjh) (Entered: 10/18/2004)
50 RESPONSE by plaintiff to deft's undisputed facts regarding B. Davis, E. C. Baker, N. Hastings, C. Skidmore, S. B. Rouse, T. Bidwell, A. Hunter, J. McGehee & J. McKinney [16-1] (rjh) (Entered: 10/18/2004)
51 SCHEDULING ORDER (DOC); a settlement conference is set for 10:00 11/22/04 before Mag. Judge John F. Forster, Jr. in Little Rock; parties are directed to have those individuals available at the conference who have settlement authority (cc: all counsel) (vjt) (Entered: 10/19/2004)
52 OBJECTIONS TO AND MOTION by defendant to strike certain of pltf's evidentiary submissions in its resp to deft's motion for summary judgment (bmt) (Entered: 10/25/2004)
53 REPLY by defendant to brief in response to motion for summary judgment [14-1] [17-1] [20-1] [23-1] [26-1] [29-1] [32-1] [35-1] [38-1] (bmt) (Entered: 10/25/2004)
54 ORDER by Mag. Judge John F. Forster Jr. Settlement Conference rescheduled for 10:00 11/15/04 ; location remains the same; parties are directed to have present all individuals whose consent is necessary to effectuate settlement (cc: all counsel) (bsm) (Entered: 11/01/2004)
55 RESPONSE by plaintiff to deft's objection to, and motions to strike certain of pltf's evidentiary submissions in its resp to deft's motion for summary judgment [52-1] (bsm) (Entered: 11/05/2004)
56 PRETRIAL DISCLOSURE SHEET by defendant; estimated length of trial, six to seven days (rjh) (Entered: 11/09/2004)
57 PRETRIAL DISCLOSURE SHEET by plaintiff; estimated length of trial, six days (rjh) (Entered: 11/09/2004)
58 MOTION by defendant for attorney Anouchka M. Oppinger to appear pro hac vice (rjh) (Entered: 11/09/2004)
59 ORDER by Judge William R. Wilson granting deft's motion for atty Anouchka M. Oppinger to appear pro hac vice [58-1] (cc: all counsel) (vjt) (Entered: 11/10/2004)

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11/15/2004 11/17/2004 12/16/2004

CLERK'S MINUTES: settlement conference held before Judge Forster; parties reached agreement and read settlement into the record; case to be removed from Judge Wilson's trial docket; CRD/ERO Cecilia Norwood (mcn) (Entered: 11/15/2004)
60 ORDER by Judge William R. Wilson that counsel have advised Court that parties have settled the matter and request the case be dismissed; complt is dismissed w/prej, subject to the terms of the Settlement Agreement, and/or Consent Decree; if any party desires that the written settlement agreement be part of the record, it should be filed with the Court w/in 20 days; terminating case (cc: all counsel) (bsm) (Entered: 11/18/2004)
61 CONSENT DECREE: by Judge William R. Wilson: this decree resolves all issues and claims arising out of the Commissioners Complt; this agreement shall not be considered in any manner to be dispositive of any charge now pending before any office of the Commission other than Charge No. 251-2002-01074; the provisions of this Consent Decree shall continue to be effective and binding upon the parties for a period of 2 years from the date of the entry of this Decree, with the exception of Section VI E (neutral reference) which shall be in effect permanently; individual relief is listed in this Decree and the pltf and deft shall bear their own costs, including attys' fees (cc: all counsel) (bsm) Modified on 12/27/2004 (Entered: 12/16/2004)

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